The undersigned, on behalf of the undersigned and his or her spouse, if any, and dependents, to the extent permitted by law, and on behalf of the undersigned’s heirs, executors and administrators, hereby represents and agrees as follows:
It has been explained to me that the use of the facilities and my participation in the services, programs and activities being provided by BFAB Enterprises, Inc., dba U-Jam Fitness® hereinafter referred to as “U-JAM” involve an inherent risk of injury to my person and property, including the possible risk of death.
I understand and acknowledge that the foregoing risks include, but are not necessarily limited to muscle strains, sprains, or fatigue, fractured or broken bones or other orthopedic injuries, other muscular, neurological, orthopedic or other bodily injuries, stroke or other cerebral vascular incident or occurrence, heart attack or other cardiovascular incident or occurrence, mental, physiological, motor, visual or hearing injuries, deficiencies, or disturbances, partial or total paralysis, slips, falls or other unintended loss of balance or bodily movement, heat stress, torn muscles, tendons, or ligaments, pinched nerves, pinched body parts and other forms of bodily injury impairment, disability or even death. I understand and realize that my participation in various U-JAM activities or programs involve risk of injury, impairment, disability, disfigurement and even death, but knowing, realizing and appreciating these risks, I desire to participate in various U-JAM activities.
I represent that I am in good physical condition and have no disabilities, diseases, illnesses or other conditions that would prevent me from exercising at U-JAM or utilizing U-JAM’s facilities and engaging in U-JAM activities or programs.
I represent that I have consulted with a physician concerning the activities that I wish to carry on at U-JAM and have determined, based upon that consultation, that I may engage in the contemplated activities at U-JAM and that I have received my physician’s written approval to engage in such activities, a true and accurate copy of which has been provided to U-JAM. If I have determined not to consult with a physician as to the contemplated activities to be carried on at U-JAM, I acknowledge that it has been recommended to me that I obtain such medical clearance prior to engaging in various activities at U-JAM.
I agree that all activities to be engaged in at U-JAM’s facilities (owned or rented) are undertaken at my sole risk and that I will abide by U-JAM’s rules, regulations and directives as the same may be promulgated from time to time.
By my execution hereof, I hereby waive, prospectively release, discharge, and acquit U-JAM, its officers, directors, employees, agents, volunteers and co-participants from any and all claims from any liability for personal injury or death, including the loss of services, which may be sustained by me on account of, arising out of or while engaged in any U-JAM activities, or while using any U-JAM facility at any time hereafter. My prospective waiver and release shall apply to all claims, demands or causes of action including those that may arise out of the active/passive negligence of those hereby released. The undersigned and U-JAM agree that this provision shall not apply to any acts or omissions of gross negligence, intentional, wanton or willful misconduct or criminal activity by any of those hereby released.
I hereby fully forever release and discharge the fitness venue, owner, employees from any action present or future, whether the same be known or unknown, anticipated or unanticipated resulting from or arising out of said U-Jam Fitness® or the facility and equipment thereof.
I hereby grant U-Jam Fitness® and their event partners known as U-JAM, and those acting on behalf of U-JAM with authority and permission, the irrevocable and unrestricted right and permission to copyright , in his/her own name or otherwise use, re-use, publish, and re-publish photographic portraits or pictures and video footage of me in which I may be included, in whole or in part, or composite or distorted in character or form without restrictions as to changes or alterations in conjunction with my own or fictitious name, or reproduction thereof in color or otherwise, made through any medium at his/her studios or elsewhere and in any and all media now or hereafter known for illustration, promotion, art editorial advertising trade or any other purpose whatsoever. I also consent to the use of any printed matter in conjunction therewith.
I hereby waive any right I may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection therewith or the use to which it may be applied.
I hereby release, discharge, and agree to hold harmless U-Jam Fitness®, its venue, legal representatives and assigns, and all persons acting under the U-JAM’s permission or authority or those for whom he/she is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusions, or use in composite form, whether intentional or otherwise that may occur or be produced in the taking of said picture/video or in any subsequent processing thereof, as well as any publication thereof, including without any limitation any claims for libel or invasion of privacy.
I hereby warrant that I am of full age and have the right to contract in my own name. I have read the above authorization, release, and agreement, prior to its execution and I am fully familiar with the contents thereof. This release shall be binding upon and my heirs, legal representatives, and assigns.