In exchange for participation of activity at Boco Fit/BoCorp LLC and/or use of the property, facilities, equipment, machines, weights, and all fitness classes, and any other services to [Name typed in field below], I do hereby waive, release and forever discharge Boco Fit/BoCorp LLC/or Eakins Partners its officers, employees, representatives, executors, and all others from any and all responsibilities or liability from injuries or damages to myself.
1. I understand the risk of injury from facility activities, equipment and/or machines is significant, including the potential of permanent paralysis and death. I knowingly and freely assume all such risks, both known and unknown. I understand that this is an unsupervised fitness center and I assume all risks associated with using the facility and any equipment or machines and exercising alone without the aid and presence of club staff on the premises.
2. I hereby release, indemnify and hold harmless Boco Fit/BoCorp LLC, their respective owners, officers, affiliates, agents and employees and other participants, sponsoring agencies, sponsors, advertisers and any sponsored events, with respect to any and all injury, disability, death or loss or damage to person or property, whether arising from the negligence of the releases or otherwise, that may arise out of any connection with my using any of the equipment or the facility or any incident that occurs while using the facility or engaging in club activities on or off the premises or otherwise related to my membership.
3. I/we agree that all exercises, treatment and all use of the facility and equipment contained within shall be undertaken at my own risk, that I am in good physical condition and physically able to undertake all physical exercises and treatments provided by Boco Fit/BoCorp LLC, and if I/we have a history of heart, respiratory or otherwise potentially fatal disease (including all COVID 19 variants and related side-effects/illness), I will consult a physician before joining. I also agree that Boco Fit/BoCorp LLC and Eakin Partners and/or their respective agents, and employees, shall not be liable for any claims, demands, injuries, damages, actions, or cause of action, whatsoever, to me or my property arising out of, or connected with the use of any of the services and/or facilities of such corporation and any affiliated companies and their agents and employees from all such claims, demands, injuries, damages, actions or causes of action.
4. I agree to observe and obey all rules and warnings and further agree to follow any oral instructions or directions given by club employees, trainers, representatives, or Peabody Plaza management working on behalf of Boco Fit/BoCorp LLC and/or Eakin Partners.
5. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) for the other registered participants under my membership agreement, and further release and discharge Boco Fit/BoCorp LLC, employees, trainers, representatives, or agents working on behalf of Boco Fit/BoCorp LLC for injury, loss or damage arising out of my or (if applicable) for the other registered participants under my membership agreement, whether caused by the fault of myself, other participants or third parties.
6. I agree to indemnify and defend/hold harmless Boco Fit/BoCorp LLC and/or Eakin Partners against all claims, causes of action, damages, judgments, costs, or expenses, including but not limited to, medical costs, attorney fees and other litigation costs, which may in any way arise from me or my family’s use of or presence upon the facility.
7. I agree to pay for all damages to the facility caused by me or my family’s negligent, reckless, or willful actions and release and hold harmless Boco Fit/BoCorp LLC and/or Eakin Partners.
8. Any legal or equitable claim that may arise from participation in the above shall be resolved under Tennessee state law.
I ACKNOWLEDGE I HAVE READ THIS DOCUMENT AND UNDERSTAND IT FULLY PRIOR TO SIGNING THIS RELEASE. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.