Formula 55 Assumption of Risk, Informed Consent, and Release of Liability
Please read this form carefully and be aware that in signing, you will be expressly assuming the risk and legal liability and waiving and releasing all claims for injuries, damages or loss which the child might sustain as a result of participating in any and all activities connected with B2B Fitness LLC dba Formula 55 (“Formula 55”).
I agree that use of Formula 55 and participation in any physical activities, use of exercise equipment, and/or training of any kind at or associated with Formula 55 (“Activities”) is entirely voluntary. I am fully aware and understand that the Activities in which the child desires to participate are of a nature and kind that are strenuous and can/may push the child to the limits of his/her physical abilities. I, the undersigned, on behalf of the child, recognize and understand that the Activities are not without varying degrees of known and unanticipated risks and dangers, which may include, but are not limited to serious bodily injury, including permanent disability, paralysis, death, damage or destruction of personal property that may be caused by negligence on the part of the child or others around the child, the condition of the premises where the Activities take place, improper use or failure of equipment, a medical condition whether known or unknown, or any other risks and social and economic losses whether known or unknown or not readily foreseeable at this time, regardless of whether such losses result, in whole or in part, from the negligence of Formula 55.
I willingly assume full responsibility for any and all risks that the child is exposed to as a result of the child’s participation in the Activities and accept full responsibility for any injury, death, loss, damages, and costs that may result from participation in any Activities, even if caused by negligence of Formula 55, the Owners and Operators (as defined below) or any of their Agents.
I recognize that there is risk involved in the types of Activities offered by Formula 55. Therefore, I accept financial responsibility for any injury that the child may cause either to him/herself or to any other participant, regardless of whether such injuries result, in whole or in part, from the negligence of the child, others or Formula 55.
Should any legal proceeding be necessary to construe or enforce the provisions of this agreement, then the prevailing party in such legal action shall be entitled to recover all court costs, reasonable attorney fees and costs of enforcing or collecting any judgment awarded. I further agree to indemnify and hold harmless Formula 55, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from the child’s negligent or intentional act or omission while participating in activities offered by Formula 55. The laws of the state of Florida shall govern this agreement and all issues relating to its validity, interpretation, and performance. Hillsborough County, Florida shall be proper venue for any litigation involving this agreement. The Parties desire to waive their respective right to a jury trial with respect to any dispute that may arise between them in the future and desire that any dispute will be decided by a judge rather than a jury. The Parties hereby knowingly, voluntarily and intentionally waive the right either may have to a trial by jury in respect to any litigation based on this agreement, arising from the engagement, interpretation, enforcement, or arising between them for any other reason.
I hereby certify that the child is in good physical condition, has no disease, injury, or other condition that would impair performance, and I know of no medical problems that would increase the risk of illness and/or injury as a result of participation in the Activities. Formula 55 informed me that there exists risks and the possibility of adverse physical changes during an exercise program, and I fully understand the same. I hereby acknowledge that I have been informed of the need for a physician’s approval for the child’s participation in the Activities and it has been recommended that the child have physical examinations and consultations with a physician as to physical activity, exercise, and use of exercise equipment. I acknowledge that the child has either had a physical examination and has been given physician’s permission to participate, or that I am deciding the child will participate in the Activities without the approval of a physician. With my full understanding of the above information, I agree to assume any and all risk and responsibility associated with the child’s participation in the Activities.
I hereby agree and authorize Formula 55, its agents, officers, principals, employees and volunteers the right to take picture(s), video(s) and/or likeness of the child and the child’s voice, and use and publish same in print and/or electronically. I agree that Formula 55 may use such photographs of the child with or without the name and for any lawful purpose, including for example, such purposes as publicity, illustration, advertising, and Web/Social Media content. I release Formula 55 from any expectation of confidentiality and acknowledge that I, nor the child, will not receive financial compensation for the use of the child’s name, voice and/or pictures, and other material about the child. I also understand that I am not entitled to any portion of proceeds that may be gained from any advertisements and promotional campaigns that include the name, voice and/or pictures, and other material about me.
In full consideration of the above-mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily allowing the child’s participation in the Activities made available by Formula 55, and with my full understanding of all of the above, I hereby waive, release, remise and discharge Ren Center Tampa, LLC, B2B Fitness LLC dba Formula 55, and their agents, officers, affiliates, principals, employees, volunteers, as well as the landlord and owner for the facility (collectively, the “Owners and Operators”), of any and all liability, claims, demands, injuries, loss of property, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, my participation in Activities or use of the Fitness Center, including those allegedly attributed to the negligent acts or omissions of the above-mentioned parties.
This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.