Halls of Strength
Anaheim, CA
Release of Liability and Waiver of Claims
In consideration for being allowed to participate in Halls Athletics., LLC, (Halls of Strength) its activities, training, equipment usage, events and/or programs (Activities), on behalf of myself and my next of kin, heirs and representatives, I HEREBY FULLY RELEASE FROM LIABILITY AND WAIVE ALL CLAIMS AGAINST HALLS OF STRENGTH, ITS EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS (collectively Released Parties) from any and all liability, claims, demands, actions or rights of action including, but not limited to, claims of Released Parties negligence, resulting in any physical or psychological injury (including paralysis and death), illness, damages, or economic or emotional loss I may suffer because of my participation in Activities. I intend that these releases shall fully bind my estate, heirs, survivors and/or assigns and that they shall be effective to the fullest extent permitted by law.
Assumption of Risk
As a voluntary participant in Activities, I warrant that I am in good physical health and that I accept full responsibility for any and all expenses, medical or otherwise, that may arise from any injuries I may sustain while participating in Activities. I am fully aware of the dangers and risks associated with Activities and I understand that these risks include, but are not limited to, mental and/or physical injury, permanent disability, death and/or dismemberment and/or property damage. I understand risks to include, but not be limited to: risks associated with malfunction or failure of weight training equipment including machines as well as free weights, risks associated with improper installation of equipment, failure to understand verbal or physical cues (by myself or others), risk of my own negligence or negligence of others, and risks associated with misuse of weights and/or equipment. I warrant that I have directed any medical concerns to my own health care provider and confirm that I have been approved for participation in vigorous physical activity including, heavy weight bearing exercise.
Indemnification
I agree to fully hold harmless and indemnify the Released Parties from all claims, including all costs incurred in defending against said claims, that arise from, or are related to my own action or inaction or any injuries I may cause or incur, during my participation in Activities.
Arbitration
Any dispute, claim or controversy arising out of or relating to Activities or to this Release or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Orange, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Confidentiality
The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
Media Release
I acknowledge that Halls Athletic Club is under CCTV surveillance, and that the right to take and/or publish photographs and/or videos, in any format, for any purpose, without compensation, indefinitely, and without the need for further permission or licensing from me.
Venue Selection
This Release and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. I understand that this document is written to be as broad and inclusion as legally permitted by the State of California. I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms.
