In consideration of any persons (“client”) use of any of Jessica Mahowa Fitness,gym areas, equipment, other property and facilities, and all areas adjacent there to, including outside walkways and parking (“facilities”) and/or participation in any personal training, group fitness, online training or nutritional counseling offered by Jessica Mahowa Fitness,(“services”) . the receipt and sufficiency of which is hereby acknowledged, Client, intending to be bound, agrees as follows:
1. Risks. Client’s participation in services could lead to Client suffering injuries, including seriousinjuries, or even death, whether cause by Client’s own act or omissions, of those of others. This risk remains even if the Client uses the facilities and services correctly. Client’s participation in services could also cause other to suffer injuries, including serious injuries, or even death. In addition, any personal property brought to the Facilities by the Client could be lost or stolen.
2. Assumption of Risks and Release. Client assumes all risks of injury, death and loss outlined in Paragraph 1 above, and to the fullest extent permitted by law, Client releases Jessica Mahowa Fitness, from all liability, claims, damages, demands, cause of action, costs and expenses (including, without limitation, attorneys’ fees and court costs), whether accrued or unaccrued, known or unknown, fixed or contingent, in any way related to or arising out of Client’s use in facilities or services, including, without limitation, those allegedly attributed to the negligent acts of omissions of Jessica Mahowa Fitness, (collectively, the “claims). Client has not assigned or transferred any of the Claims to any other party.
3. Indemnification and Attorney’s Fees.Client shall also indemnify and defend Jessica Mahowa Fitness, CPT, from and against all Claims, and in the eventJessica Mahowa Fitness, incurs and attorney’s fees or other costs to enforce this Agreement, Client shall reimburse Jessica Mahowa Fitness, for all such reasonable fees and costs.
4. Miscellaneous. This Agreement shall be binding upon Client and Client’s heirs, administrators, personal representatives, executors, and successors, and Client’s obligations under this Agreement shall not be assigned by Client to any third party. The provisions of this Agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. There will be no refunds for the services provided by Jessica Mahowa Fitness. This Agreement constitutes Client’s entire agreement and supersedes any and all prior oral or written agreements or understandings between Client and Jessica Mahowa Fitness, concerning the subject matter of this Agreement. This Agreement may not be altered, amended, or modified, except by a written document signed by Client and Jessica Mahowa Fitness. The Terms of this Agreement shall be governed by and construed in accordance with the laws of the State of California.
By purchasing or signing up the client has agreed and has (i) has read and understands this Agreement (ii) understands their right to review all aspects of this Agreement with attorneys of their choice, and has had the opportunity to do so, and (iii) is freely, knowingly and voluntarily entering into this agreement.