Liability Form

ZenFit LLC Terms of Use Waiver and Release of Liability I am aware and acknowledge that bungee fitness and bungee trainings, aerial yoga, kickboxing, sports conditioning, family yoga, kettlebell high intensity interval training and any other classes offered at ZenFit pose a risk of injury. I understand that participation in this training and these classes could lead to death, serious neck and spinal injuries, paralysis, permanent disability, illness, and the injury of bones, ligaments, and muscles. I voluntarily agree to participate in the Activities and hereby accept and assume all such risks, known and unknown, and assume all responsibility for the losses, costs and/or damages following such injury, disability, paralysis or death, even if caused, in whole or part, by the negligence of ZenFit, LLC;  or Melissa Brown, or any successor, its owners, officers, directors, agents, and all employees (collectively, “Released Parties”), with the exception of willful or gross negligence. I understand the nature of the Activities and my experience and capabilities, and I agree to participate in these Activities. In consideration of my participation at ZenFit LLC, the undersigned agrees to forever release, discharge and acquit ZenFit, LLC and Melissa Brown, and all employees from all claims for damages or injuries of any kind, nature or description resulting from inherent bungee, aerial or fitness related activities. This release includes, but is not limited to that type of injury. This release shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives. All efforts will be made to insure the safety of all participants. I understand any physical exercise can be strenuous and subject to risk of serious injury, I understand that I should obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. I agree that if I engage in any physical exercise or activity, or use any amenity on the premise, I do so entirely at my own risk. This waiver and release of liability includes, without limitation, all injuries which may occur as a result of: 1) my use of all amenities and equipment in the facility and my participation in any activity, class, program, personal training or instruction;, 2) the sudden and unforeseen malfunctioning of any equipment; 3) instruction, training, supervision, or dietary recommendations given by ZenFit LLC; 4) my slipping and/or falling while in the building, or on the premises, including adjacent sidewalks and parking areas; 5) contact with other participants; 6) the effects of the weather, and all other such risks being known and appreciated by me. I hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in activity. I acknowledge that I am physically and mentally capable of performing the physical activity I choose to participate in. I understand that bungee fitness and aerial yoga is unlike any other exercise program. I agree that if I experience any discomfort that I will stop movement immediately and notify my instructor and or consult a medical professional. I also understand that I must have, and will continue to provide proper hospitalization, health and accidental insurance coverage for myself. In the event of any accident, I hereby release the staff of ZenFit LLC to render first aid, and if deemed necessary, to seek medical assistance, including transportation by a staff member or ambulance to any health care facility or hospital. I understand that this waiver is intended to be as broad and as inclusive as permitted by the laws of the state of North Carolina and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I agree that I am responsible for scheduling and/or cancelling reservation of classes and am subject to forfeiting money paid for the class if cancellation policies are not followed.. I agree that my participation in classes at ZenFit LLC may be revoked by management of ZenFit LLC with or without cause. I agree and accept to not compete with ZenFit, LLC in any manner in regards to choreography, lesson plans, instructional material, or knowledge acquired from training or consulting with ZenFit LLC. I understand that in wearing the bungee harness, I may feel discomfort, and even some bruising.

The undersigned acknowledges, appreciates, and agrees that:

  1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,

  2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,

  3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,

  4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS ZenFit LLC, Melissa Brown, employees and other participants, owners and lessors of premises used to conduct the events held at ZenFit, WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

I affirm that I am of legal age and am freely signing this agreement, which is binding on me, my heirs, and on those who may claim by or through me. I sign this agreement voluntarily, and have full capacity to enter into this agreement. I affirm that if my child is 17 or under, I am signing this for my minor child(ren).  

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