Because physical exercise can be strenuous and subject to the risk of injury, Hybrid Strength and Fitness, LLC (“Hybrid Strength”) urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that if you engage in any physical exercise or activity, or use any Hybrid Strength amenity on Hybrid Strength’s premises or off premises including any event sponsored by Hybrid Strength, you do so entirely at your own risk.
You acknowledge that you have not been instructed by a medical practitioner to not engage in physical exercise.Any recommendation for changes in diet including the use of food supplements, weight reduction and/ or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and use of Hybrid Strength’s facilities and premises and ASSUME ALL RISKS of injury, illness, or death that may result during staffed or unstaffed hours of operation. Furthermore, you acknowledge that Hybrid Strength shall not be responsible under any circumstances for any loss of damage to your personal property.
This waiver and release of liability includes without limitation, all injuries which may occur as a result of: (a) your use of all amenities and equipment in the Hybrid Strength facility and your participation in any activity, class, program, personal training or instruction from either staff, personal trainers, or suggestions from other members; (b) the sudden and unforeseen malfunctioning of any equipment (c) Hybrid Strength instruction, training, supervision, or dietary recommendations; and (d) your slipping and/or falling while in or on the Hybrid Strength premises, including adjacent sidewalks and parking lots. Also, I hereby give Hybrid Strength photographic permission to take photographs/ video of me in which I may be involved with others, for the purpose of online promotion to their webpage, social media pages, or specific events in the community.
You acknowledge that you have carefully read this waiver and release and fully understand that it is a full and complete release of liability. You expressly agree to release and discharge Hybrid Strength, including its owners, members, affiliates, agents, representatives, employees, successors, and/or assigns from any and all claims or causes of action related in any way to your use of the Hybrid Strength equipment and presence on the Hybrid Strength premises as set forth in this agreement and you agree to voluntarily give up and waive the right that you may otherwise have to bring a legal action against Hybrid Strength, its owners, members, affiliates, agents, representatives, employees, successors, and/or assigns, for personal injury and property damage. Furthermore, you expressly agree to indemnify Hybrid Strength , including its owners, members, affiliates, agents, representatives, employees, successors, and/or assigns, for any and all claims against Hybrid Strength , including its owners, members, affiliates, agents, representatives, employees, successors, and/or assigns, by third-parties who have been injured by your tortuous or otherwise harmful contact, acts, or omissions.
If any portion of this release from liability shall be deemed by a court of competent jurisdiction to be invalid, then the remainder of this release from liability shall still remain in full force and effect. This release from liability shall be governed by the laws of the State of Ohio.
By signing this release, I acknowledge that I understand its content and that the terms of this release can only be modified or otherwise amended upon the written agreement of Hybrid Strength and myself.
Hybrid has a ZERO TOLERANCE policy
regarding all forms of harassment.
The following will not be tolerated and should be reported to Hybrid staff immediately:
- Unwanted sexual comments, conduct or contact in person or on social media.
- Photography or recording of fellow members or employees without their express consent.
- Demonstrating behavior that is sexual, hostile, threatening or intimidating in nature.
- Any other conduct that could be deemed or interpreted as harassment by employees or fellow members.
Hybrid staff and management reserve the right to expel the perpetrator for the gym and/or terminate their membership.
Assumption of the Risk and Waiver of Liability Relating to the Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been a declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, Federal, State, and Local governments and Federal and State health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Hybrid Strength & Fitness, LLC (“Hybrid Strength”) has put in place preventative measures to reduce the spread of COVID-19; however, Hybrid Strength cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Hybrid Strength could increase your risk and your child(ren) risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending Hybrid Strength and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Hybrid Strength may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Hybrid Strength employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my or my child(ren) attendance at Hybrid Strength or participation in Hybrid Strength programming.
(“Claims”) On my behalf, and on behalf of my child(ren), I hereby release, covenant not to sue, discharge, and hold harmless Hybrid Strength, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, cost or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Hybrid Strength, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Hybrid Strength program.