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LIABILITY WAIVER AND RELEASE FORM
Phi Strength and Conditioning Inc.
720 Cross pointe Rd
Gahanna, Ohio 43230
614-810-5565
thegym@phistrength.com
I. AGREEMENT TO FOLLOW DIRECTIONS
I agree to observe and obey all posted rules and warnings and further agree to follow any oral instructions or directions given by Phi Strength and Conditioning - , or the employees, representatives, or agents of .
II. ASSUMPTION OF THE RISKS AND RELEASE
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) my family members, and further release and discharge Phi Strength and Conditioning - for injury, loss, or damage arising out of my or my family's use of or presence upon the facilities of Phi Strength and Conditioning - , whether caused by the fault of myself or my family.
III. INDEMNIFICATION
I agree to indemnify Phi Strength and Conditioning - against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may, in any way, arise from my or my family's use of or presence upon the facilities of Phi Strength and Conditioning - .
IV. FEES
I agree to pay for all damages to the facilities of Phi Strength and Conditioning - caused by my or my family's negligent, reckless, or willful actions.
V. APPLICABLE LAW
Any legal or equitable claim that may arise from participation in the above shall be resolved under Ohio law.
VI. NO DURESS
I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
VII. ARM'S LENGTH AGREEMENT
This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
VIII. ENFORCEABILITY
The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
IX. EMERGENCY MEDICAL TREATMENT
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation at . I understand that I am responsible for all medical costs incurred.
X. PHOTO AND VIDEO RELEASE
I understand that Phi Strength and Conditioning - may photograph or video activities at , and I hereby agree to allow my image to be used in promotional materials for Phi Strength and Conditioning - .
XI. ACKNOWLEDGMENT
I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement.
XII. NO REFUNDS