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FC TRAINING GROUNDS, LLC (Manassas, VA), PARTICIPANT AND ARBITRATION AGREEMENT, INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION

* * * * PLEASE READ THIS DOCUMENT CAREFULLY * * * *

BY SIGNING IT, YOU ARE GIVING UP YOUR AND/OR YOUR SPOUSE AND MINOR’S LEGAL RIGHTS INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT AND/OR HAVE THE CLAIM DECIDED BY A JURY

BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHTS AND THE RIGHTS OF MY SPOUSE AND/OR CHILD(REN)/WARD(S) AND OR MINOR’s TO SUE FC TRAINING GROUNDS, LLC (Manassas, VA) FOR ANY INJURY, INCLUDING PARALYSIS OR DEATH, CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR FAULT OF FC TRAINING GROUNDS, LLC (Manassas, VA), INCLUDING ANY OF ITS OWNERS, AFFILIATES, AGENTS, EMPLOYEES, AND EQUIPMENT SUPPLIERS.

PARTICIPATION OF PHYSCIAL FITNESS ACTIVITIES

 

In consideration of being allowed to participate in any or all of the services and activities, including, but not limited to, I recognize that the program may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities within gym access, outdoor facilities, (collectively “ACTIVITIES”), provided by FC TRAINING GROUNDS, LLC and its agents, owners, parent company, subsidiaries, affiliated facilities, franchisors, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, land and/or premises owners, and any and all other persons and entities acting in any capacity on its behalf (collectively “FC TRAINING GROUNDS, LLC”), I, on behalf of myself, and/or on behalf of my spouse, minor child(ren)/ward(s), hereby agree to forever release, indemnify and discharge FC TRAINING GROUNDS, LLC on behalf of myself, my spouse, legal partner, my children, my parents, my guardians, heirs, assigns, personal representatives and estate, and all other persons and entities as set forth below. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s), hereby acknowledges, agrees, and represents that immediately upon entering or participating I will, inspect and carefully consider FC TRAINING GROUNDS, LLC’S premises, and facilities. It is further warranted that such entry into FC TRAINING GROUNDS, LLC’S facilities for observation or use of any facilities or equipment or participation in ACTIVITIES constitutes an acknowledgment that such premises and all facilities and equipment thereon have been inspected and carefully considered and that the undersigned understands and accepts same for myself, and/or on behalf of my spouse, minor child(ren)/ward(s) as being safe and reasonably suited for the purpose of such observation, use or participation by myself, and/or by my spouse, minor child(ren)/ward(s). The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s)hereby represent that

I. I/we are in good health and in proper physical condition to participate in the Activities in which FC TRAINING GROUNDS, LLC provides; and

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II. I/we are not, and during ACTIVITIES will not be, under the influence of alcohol or any illicit or prescription drugs which would in any way impair my/our ability to safely participate in ACTIVITIES;

III. I/we have not been advised against activities by a health professional; and

IV. I/we agree that I/we do not have to participate in any ACTIVITIES I/we do not

voluntarily wish to participate in and that I/we will only participate in any ACTIVITIES

for which I/we have sufficient skill to avoid injury.

V. I agree that it is my sole responsibility to determine whether I/we are sufficiently able and

healthy enough to participate in ACTIVITIES. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s), agree to be familiar with and to abide by the rules established for the ACTIVITIES, which include without limitation the rules posted in the facility and/or the website. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s), accepts sole responsibility for my own conduct and actions, as well as the conduct and actions of my spouse, minor child(ren)/ward(s) while participating in the ACTIVITIES, and the condition and adequacy of the equipment.

USE OF EQUIPMENT AND ACCESS TO FACILITIES

(1) ASSUMPTION OF RISK AND RELEASE OF LIABILITY: I acknowledge that I and/or my spouse, minor child(ren)/ward(s), for whom I represent that I have full authority as parent or legal guardian to bind the minor participant to this agreement, am voluntarily participating in the ACTIVITIES, which I agree are dangerous and entail both known and unknown inherent risks, including the risk of injury, permanent disability, or even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of proper equipment or padding, netting, or other safety measures; slipping; falling; landing; or colliding with objects or other people, as well as the negligence and/or omissions committed by me, my spouse and/or my child(ren)/ward(s), FC TRAINING GROUNDS, LLC, and/or any other person and/or entity while on the premises. I hereby voluntarily assume all such risks. I further understand and acknowledge that FC TRAINING GROUNDS, LLC does not manufacture the gym equipment or other equipment in its facilities but purchases and/or leases the gym(s) and equipment, and therefore FC TRAINING GROUNDS, LLC may not be held liable for defective products. Despite all known and unknown risks including but not limited to serious bodily injury, permanent disability, paralysis and loss of life that may be sustained while on or about FC TRAINING GROUNDS, LLC’S facility, I, on behalf of myself, and/or on behalf of my spouse, minor child(ren)/ward(s) hereby expressly, unconditionally and voluntarily remise, release, waive, relinquish, acquit, satisfy and forever discharge and agree and covenant not to sue FC TRAINING GROUNDS, LLC, including its suppliers, designers, installers, manufacturers of any gym equipment, other equipment or such other material and equipment in FC TRAINING GROUNDS, LLC’S facility (all hereinafter referred to as “EQUIPMENT SUPPLIERS”) and agree to hold said parties harmless of and from any and all manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by FC TRAINING GROUNDS, LLC or any EQUIPMENT SUPPLIERS while in or about the premises and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the premises and/or while using any items purchased in or about

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the premises, whether the action arises out of any damage, loss, personal injury, emotional injury, or death to me or my spouse, minor child(ren)/ward(s).

This Release of Liability is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of FC TRAINING GROUNDS, LLC and/or any EQUIPMENT SUPPLIERS.

(2) INDEMNIFICATION: I understand that the known and unknown risks may be caused in whole or in part by my or my spouse or child(ren)/wards own actions or inactions, the actions or inactions of others participating in activities, or the acts, inaction or any type of negligence of FC TRAINING GROUNDS, LLC or any EQUIPMENT SUPPLIERS, and in consideration of being allowed, along with my spouse and/or my minor child(ren)/ward(s) to enter onto and into FC TRAINING GROUNDS, LLC’S facilities for observation or use of any facilities or equipment or participation in ACTIVITIES, I hereby assume all risk of damage, loss, personal injury, or death to myself, my spouse and/or my minor child(ren)/ward(s) while in or about the premises and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the premises and/or while using any items purchased in or about the premises, including any such loss due to the sole or partial negligence of FC TRAINING GROUNDS, LLC and all EQUIPMENT SUPPLIERS and agree to indemnify and hold harmless FC TRAINING GROUNDS, LLC and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by FC TRAINING GROUNDS, LLC and all EQUIPMENT SUPPLIERS as a result of any claims asserted by myself, my spouse and/or child(ren)/ward(s) against FC TRAINING GROUNDS, LLC and all EQUIPMENT SUPPLIERS, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments FC TRAINING GROUNDS, LLC and all EQUIPMENT SUPPLIERS incurs in the event of such loss whether caused by the negligence of FC TRAINING GROUNDS, LLC or any EQUIPMENT SUPPLIERS and that on behalf of myself, my spouse or my minor child(ren)/ward(s) I further agree to indemnify and hold harmless FC TRAINING GROUNDS, LLC for any injury, damage and/or harm myself, my spouse and/or my minor child(ren)/ward(s) cause to FC TRAINING GROUNDS, LLC or its facility and/or to any and all other persons and entities acting in any capacity on behalf of FC TRAINING GROUNDS, LLC.

(3) LIABILITY FOR PROPERTY: I, on behalf of myself and/or my spouse and my minor child(ren)/ward(s) agree FC TRAINING GROUNDS, LLC is not liable to me/us or our guests, child(ren)/ward(s) for any personal property that is damaged, lost, or stolen while on or about the FC TRAINING GROUNDS, LLC premises including, but not limited to, a vehicle or its content or any property in a locker or otherwise, whether or not FC TRAINING GROUNDS, LLC was negligent.

(4) ATTORNEYS’ FEES: To the extent permitted by law, I promise to indemnify and pay FC TRAINING GROUNDS, LLC for any attorneys’ fees and/or costs incurred to enforce the Mediation, Non-Binding Arbitration portion of this agreement, including all costs associated with any collection efforts.

(5) PHOTO RELEASE: By entering FC TRAINING GROUNDS, LLC and participating in the ACTIVITIES, I hereby grant FC TRAINING GROUNDS, LLC on behalf of myself, my spouse

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and on behalf of my child(ren)/ward(s), the irrevocable right and permission to photograph and/or record me, my spouse or my child(ren)/ward(s) in connection with FC TRAINING GROUNDS, LLC and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I on behalf of myself, my spouse and on behalf of my child(ren)/ward(s), waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted by this release are without compensation of any kind.

(6) TERMS OF AGREEMENT: I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my spouse and/ or child(ren)/ward(s) visit FC TRAINING GROUNDS, LLC, whether at the current location or any other FC TRAINING GROUNDS, LLC location or facility, including, or any of its subsidiary or affiliates’ locations or facilities. The undersigned further expressly agrees that this agreement is intended to be as broad and inclusive as is permitted by the laws of this state and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

(6) NOT PHYSICAL THERAPY: I understand that every time I or my spouse and/ or child(ren)/ward(s) visit FC TRAINING GROUNDS, LLC, whether at the current location or any other FC TRAINING GROUNDS, LLC location or facility, including, or any of its subsidiary or affiliates’ locations or facilities are not providing medical treatment of any kind. All agents of FC TRAINING GROUNDS, LLC are not providing any medical treatment or are licensed to provide any medical treatment.

By signing this document, whether in written or electronic format, I understand that I may be found by a court of law to have forever waived my and my spouse and/or child(ren)/ward(s) right to maintain any action in court or to be decided by a jury against FC TRAINING GROUNDS, LLC on the basis of any claim from which I have released FC TRAINING GROUNDS, LLC and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself, my spouse and/or my minor child(ren)/ward(s) and agreed to indemnify and hold harmless FC TRAINING GROUNDS, LLC and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by FC TRAINING GROUNDS, LLC and all EQUIPMENT SUPPLIERS as a result of the participation in ACTIVITIES in or about the facility by myself, my spouse and/or child(ren)/ward(s) and/or claims asserted by myself, my spouse and/or child(ren)/ward(s) against FC TRAINING GROUNDS, LLC and all EQUIPMENT SUPPLIERS related to such participation in ACTIVITIES. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.

 

 

Revised Fri May 13, 2022

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