Signup

 TAYLORED BODY

RELEASE AND ASSUMPTION OF RISK

READ THIS DOCUMENT CAREFULLY BEFORE SIGNING IT.  YOUR SIGNATURE INDICATES YOU UNDERSTAND THIS DOCUMENT AND AGREE TO ITS TERMS.  BY SIGNING THIS DOCUMENT, YOU (AND/OR YOUR MINOR) ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGES, FOR ANY REASON, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF A TAYLORED BODY LLC, AND ITS OWNERS, OFFICERS, EMPLOYEES, PRINCIPALS, AGENTS, MEMBERS AND INSURERS (THE “COMPANY”).

The individual named below (referred to as “I” or “me”) desires to enter upon the premises located at 7887 Mission Grove Parkway South, Riverside, California 92508 (the “Premises) whether to spectate or participate in fitness workouts, yoga, boxing, spin, karate, batting cage activities, utilize the facilities or equipment located on the Premises, and/or engage in any other activity related or incidental thereto (collectively, the “Activities”).  In consideration of being permitted by the Company to participate in the Activities and in recognition of the Company’s reliance hereon, I agree, on behalf of myself, my heirs, and my personal representatives, to all the terms and conditions set forth in this instrument (this “Release”).

ASSUMPTION OF RISK: I fully understand and acknowledge that: (a) known and unknown risks and dangers exist in my participation in the Activities; (b) my participation in the Activities may result in my injury or illness including, but not limited to, personal injury, property damage, illness, loss, and death; and (c) these risks and dangers may be caused by the negligence of the Company or others, including but not limited to participants, breaches of contract, forces of nature, or other causes.  I agree and covenant not to sue, or assign any right to sue, the Company for any such personal injury, property damage, illness, loss and death. By my participation in the Activities, I hereby assume all risks and dangers and reasonability for any losses and/or damages, whether caused in whole or in part by the negligent conduct of the Company or any other person.  

WAIVER, AND RELEASE OF LIABILITY: I, on behalf of myself, my personal representatives, and my heirs, hereby voluntarily agree to waive, release, hold harmless, and defend the Company against any and all claims, actions, judgments, losses, costs, or expenses of whatever kind, including attorney fees, arising out of or resulting from a claim of any party for personal injury, property damage, illness, loss or death arising from or related to the Activities, including any claims arising out of my own negligence or the ordinary negligence of the Company, existing now or in the future.

I expressly waive any and all of my rights I may have under California Civil Code 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

ACKNOWLEDGMENT OF POLICIES AND PROCEDURES:  I acknowledge that I have read and understand the Rules & Regulations relating to the Activities and facilities and equipment of the Company.  I understand that safe and proper use of the facilities and equipment are that participation in the Activities is dependent upon carefully following the Rules & Procedures.  I agree to comply with and abide by those Rules & Regulations.  I will report any hazards, unsafe conditions, or concerns to a Company staff member.  This includes damaged equipment, malfunctioning machines, or any other situation that may jeopardize the safety of myself or others. 

When participating in Activities related to the batting cages, I will wear appropriate protective equipment, including helmets and safety googles, as recommended by the Company.  I understand that failure to do so may increase the risk of injury and could result in my removal from the batting cage area. I will use the batting cage equipment, including bats and pitching machines, in a responsible manner and only for their intended purposes. I will follow all instructions and safety guidelines provided by the Company staff. I will stay in designated areas and follow all posted signs and instructions.  If I am not taking batting practice in the batting cages, I understand that entering restricted areas, including the pitching machine area or maintenance zones, is strictly prohibited for my safety.  If a minor, for whom I am responsible, engages in activities in the batting cages, I will be responsible to ensure such minor abides by the terms and conditions of this paragraph.  

ACKNOWLEDGMENT OF PHYSICAL CONDITION:  I acknowledge that the Activities are strenuous and dangerous and require a certain degree of physical condition, ability, maturity, and skill.  I acknowledge that I have the requisite skills, maturity, qualifications, physical and mental ability and training necessary to properly and safely participate in the Activities.  I agree that if I have any questions as to what skills, maturity, qualifications, physical and mental ability and training requirements are necessary to properly participate in the Activities, I will direct those questions to the appropriate Company staff member on site and consult with a medical professional before engaging in the Activities. I agree that I will not participate in the Activities if I am under the influence or alcohol or drugs.

PHOTOGRAPHY AND WEBSITE RELEASE: I expressly grant full permission to the Company the right to use my (or the minor for whom I am signing as a guardian) name, likeness, image, voice, biographical information, photographs or video recordings taken during the event in any promotional, advertising, marketing, social media or other purposes relating to promoting the Company, now or in the future, in all media and other outlets, whether in television, radio, podcast, online, streaming, applications, in print or other future forms of engagement, without consideration.

This Release has no expiration date and will remain in effect at all times.  This Release is binding on my executors, heirs, and assigns. I expressly agree that this Release is governed by the laws of the State of California and is intended to be as broad and inclusive as is permitted by California law, and that in the event any portion of this Release is determined to be invalid or unenforceable for any reason, the balance of this Release shall not be affected or impaired in any way and shall continue in full legal force and effect.  I acknowledge that this Release is a contract and agree that if a lawsuit is filed against the Company for any injury or damage in breach of this contract, I will pay all attorneys’ fees and losses incurred by the Company in defending such an action. 

(Remainder of the page intentionally left blank; signature page follows)

I HAVE READ THIS RELEASE OR HAD THIS RELEASE READ OR TRANSLATED TO ME AND I UNDERSTAND THE TERMS CONTAINED HEREIN. I UNDERSTAND IT IS A PROMISE TO RELEASE THE COMPANY FROM ANY AND ALL CLAIMS AND NOT TO SUE THE COMPANY.  I HAVE MADE A FREE AND DELIBERATE CHOICE TO SIGN THIS RELEASE AND WAIVER AS A CONDITION OF THE COMPANY ALLOWING ME OR MY CHILD TO PARTICIPATE AND UTILIZE THE PREMISES.  I HAVE CONCLUDED THAT THE RISK AND THE RELEASE AND WAIVER OF LIABILITY ARE WORTH THE PLEASURE OF THE ACTIVITIES.