Waiver of Liability, Assumption of Risk and Indemnity Agreement - UrbanCore Studios LLC
version: Feb 01, 2023

Waiver of Liability, Assumption of Risk and Indemnity Agreement:

I acknowledge and agree that using the facility at UrbanCore Studios (the “Studio”) at this premise or any other premises involves the risk of injury to my guests, and me, whether I or someone else causes it. I further understand that the specific risks vary from one activity to another and that the risks range from minor injuries to major injuries, including death. I understand that if I am pregnant, I am responsible to inform the contract instructor and proceed with precautionary exercises at my own determination. In consideration of my participation in the activities offered by the Studio, I understand, agree to and voluntarily accept such risks of injury and agree that the Studio, its officers, directors, owners, employees, volunteers, trainers, instructors, agents and independent contractors will not be liable for any such injury, including, without limitation, personal, bodily, or mental injury, any loss or theft of any personal property, any economic loss or any damage to me, my spouse, my children and any unborn children, or my guests or relatives resulting from the active or passive negligence of the Studio or anyone on the Studio’s behalf or anyone using the Studio’s facilities whether related to exercise or not. My assumption of risk includes, without limitation, my use of any exercise equipment (mechanical or otherwise), ramps, entrances, sidewalk, restrooms, lobby area, or any equipment on the Studio’s premises. I understand and agree that this waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) my use of any exercise equipment or facilities which may malfunction or break, (b) the Studio’s improper maintenance of any exercise equipment or facilities, (c) The Studio’s negligent instruction or supervision, including personal training, (d) the Studio’s inadequate security or staffing, and (e) my slipping and /or falling while on the Studio’s premises for any reason, including the Studio’s negligent inspection or maintenance of its facility. I have made my guests aware of this waiver of liability and have ensured they fully understand my acceptance and that my acceptance is an acceptance by them as well of this liability waiver. By execution of the agreement, I hereby agree to indemnify and hold harmless the Studio and its affiliates, officers, owners, employees, agents, representatives, successors, and assigns from any loss, liability, damage or cost I may incur due to my presence at the Studio or participation in activities at the Studio. I further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by law in the state of California and that if any portion thereof is held invalid, I agree that the balance shall, notwithstanding, continue in full legal force and effect. I, the undersigned, acknowledge that the Studio takes all reasonable measures to disinfect and clean the premise and its equipment daily to ensure a clean and healthy environment for its clients. During a widespread outbreak of a bacterial or viral disease, including but not limited to SARS, Ebola and COVID-19, I expressly assume the risk of all harm, injury, or illness, including death, to myself or others with whom I have close contact and release and forever discharge and hold harmless the Studio from all liability or claim for harm, injury, or illness and death arising out of or resulting from or in any way related to participation in any activities conducted by, on the premises of, or for the benefit of the Studio.

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I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER, RELEASE AND INDEMNITY AGREEMENT AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AN EXPRESS ASSUMPTION OF RISK AND AN INDEMNITY AGREEMENT. I AM AWARE AND AGREE THAT BY EXECUTING THIS AGREEMENT, I AM GIVING UP MY RIGHT TO BRING LEGAL ACTION OR ASSERT ANY CLAIMS AGAINST THE STUDIO FOR ITS NEGLIGENCE, ANY DEFECTIVE PRODUCTS OR ITS PREMISES AND THE USE OF MY IMAGE. I HAVE CAREFULLY READ AND VOLUNTARILY SIGNED THIS WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FORM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.