Release of Liability, Waivers of Claims, Assumption of Risk, Indemnity Agreement, and Jurisdiction Agreement
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
TO: MYPX Pte Ltd, owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns (hereinafter referred to as “Innervate Fitness”)
DEFINITIONS:
In this agreement:
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The term “ATHLETIC ACTIVITY or ATHLETIC ACTIVITIES” includes but is not limited to personal training, fitness classes, team or individual competitions, fitness assessments, use of facilities, observation of athletic activities, Olympic lifting, power lifting, strongman training or competitions, gymnastics, strength conditioning, metabolic conditioning, plyometrics, interval training, bodyweight conditioning, bouldering, rope climbing, macro climbing, stretching, outdoor running on trails or sidewalks, sports, and programs, clinics, seminars, and services provided to the athlete by Innervate Fitness.
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The term “INJURY” shall refer to all forms of physical, mental, and emotional injury in any way related to athletic activity and transportation activities including, but not limited to: death, breaks, strains, lacerations, dislocations, exercise induced rhabdomyolisis, heart failure, concussion, frostbite, hypothermia, heat illness, dehydration, trauma, anxiety, and fears.
DISCLAIMER:
MYPX Pte Ltd and their owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns (hereafter referred to as Innervate Fitness) are not responsibly for any death, injury, loss, or damage of any kind suffered by any person whilst using Innervate Fitness facilities, participating in or watching Innervate Fitness activities, caused in any manner whatsoever including, but not limited to, the negligence of Innervate Fitness. I am aware that athletic activities have inherent dangers and risks including but not limited to the potential for serious personal injury or death caused by any Innervate Fitnessathletic activity or any condition of the facilities or equipment of Innervate Fitness, some of which include:
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Transient light-headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain, discomfort, fatigue, nausea, heart failure, exercise induced rhabdomyolisis, and so forth;
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All manner of injury resulting from slipping or falling, either roped or unroped, while jumping, skipping, running, walking, lifting, climbing, and impacting against the floor, walls, equipment, other athletes, or any permanent or temporary fixtures or equipment;
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Abrasion, entanglement, lacerations, bruising, dislocation, and other injuries resulting from activities on or near stands, racks, weight bars, pullup bars, walls, ropes, cargo-nets, medicine balls, and plyo boxes;
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That I am personally responsible for my preparation prior to athletic activities, my concentration and attention during these athletic activities, and for my post-activity rest and recovery;
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That I will learn and obey the rules and regulations of Innervate Fitness, and that I will follow the instructions and directions of Innervate Fitness during athletic activities;
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That I will inform Innervate Fitness immediately should I feel any pain, discomfort, fatigue, nausea or any other symptoms that I may suffer during or immediately after athletic activities.
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That I may stop participating at any time and that I may be directed to stop by Innervate Fitness should I display noticeable signs of distress.
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That I consent to receive first aid and medical treatment by Innervate Fitness in the event of an accident, injury or illness during athletic activity.
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That Innervate Fitness may videotape, audiotape, or photograph you for instructional and promotional purposes without payment of any kind and without further notice or permission from you.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of Innervate Fitness PTE LTD, allowing me to participate in Innervate Fitness Athletic Activities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
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TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against Innervate Fitness PTE LTD and their owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns (all of whom are hereinafter referred to as the “RELEASESES”) and TO RELEASES THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in Athletic Activities, DUETO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD TO PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ATHLETIC ACTIVITIES;
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TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Athletic Activities;
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TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any cost they may incur for medical costs, emergency transportation, and litigation resulting from my participation in Athletic Activities;
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That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
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This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of Singapore and no other jurisdiction; and
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Any litigation involving the parties to this Agreement shall be brought solely within Singapore and shall be within the exclusive jurisdiction of the Courts of Singapore.
In entering into this Agreement I am not relying on any oral or written representations or statements made by Innervate Fitness with respect to the safety of athletic activities other than what is set forth in this Agreement.
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I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST Innervate Fitness. PARENTS OR GUARDIANS ARE TO SIGN FOR PARTICIPANTS BELOW THE AGE OF 19.
Privacy and protection of information: WE WILL NOT SELL OR RELEASE YOUR PERSONAL INFORMATION.
This agreement must be completed in full, initialled where indicated, dated, signed and witnessed prior to participating in any Innervate Fitness Athletic Activity.