Terms and Conditions
REVIEW AND AGREE BELOW
Participation WAIVER AND RELEASE FORM
In consideration for being permitted to sign up for, access and/or attend classes, events, activities, and other programs (individually and/or collectively, the “Classes”) and for using the premises, facilities and equipment (individually and/or collectively, the “Studio”) of this independently owned and operated Neon Cycle LLC (“Neon Cycle + Strength”), I hereby acknowledge and agree to, on my own behalf, and on behalf of my personal representatives, heirs, assigns, executors, administrators, and next of kin, as follows:
I am aware and acknowledge that there are certain inherent risks and dangers associated with indoor cycling and the exercise equipment used in the Classes and the Studio, whether caused by me or not.
I am aware and acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries and understand and agree that Neon Cycle LLC provides the Studio “as is” and disclaims all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.
Upon entering Neon Cycle + Strength, I will inspect Neon Cycle + Strength and my observation and use of the same shall constitute an acknowledgment that I find and accept such premises to be safe and reasonably suited for their intended purpose(s).
If I do find any unsafe or unreasonably suited conditions with Neon Cycle + Strength I will immediately cease to continue with any activity and will immediately notify an employee of Neon Cycle + Strength of the unsafe or unreasonable suited conditions.
I assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of the premises of Neon Cycle + Strength and agree to use care in the use of Neon Cycle + Strength and to protect against accidents to and by other participants.
I am aware and acknowledge that the specific risks vary from one activity to another, but range from (i) minor injuries such as scratches, bruises, sprains and breaks; (ii) major injuries such as eye injury or loss of sight, hearing injury or loss of hearing, joint or back injuries, heart attacks, and concussions; and (iii) catastrophic injuries including paralysis and death.
I understand that Neon Cycle + Strength and Neon Cycle LLC (“Neon Cycle LLC”) shall have no responsibility to pay for medical treatment and related costs if I am injured.
At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff of Neon Cycle + Strength.
I am aware and acknowledge that I should consult with my physician or have a physical examination before participating in Classes at Neon Cycle + Strength or enrolling in any Classes at Neon Cycle + Strength, especially if I have a history of heart disease, high blood pressure or other chronic illness, or am unaccustomed to physical exertion or have other physical limitations.
If in the subjective opinion of Neon Cycle + Strength staff, I would be at physical risk participating in Neon Cycle + Strength’s Classes, I understand and agree that I may be denied access to the Classes until I furnish Neon Cycle + Strength with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing the concerns of Neon Cycle + Strength and stating that the concerns of Neon Cycle + Strength are unfounded and without medical merit.
I agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the Classes and Studio; release, indemnify, and hold harmless Neon Cycle LLC (“Neon Cycle LLC”), Neon Cycle + Strength, and their direct and indirect parent, as well as subsidiary affiliate entities, and each of their respective officers, directors, shareholders, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from and against any and all liability, responsibility, claims, actions, suits, procedures, costs, expenses, damages, injuries, expense, demand or cause of action that I may suffer whether with respect to personal injury, death, damage to or destruction of property, theft or otherwise that may arise out of or in any way be related to participation in the Classes or use of Neon Cycle + Strength’s Studio; and represent that I:
(a) have no medical or physical condition that would prevent me from properly using any of Neon Cycle + Strengths Classes,
(b) do not have a physical or mental condition that would put me in any physical or medical danger, and
(c) have not been instructed by a physician to not participate in physical exercise such as that offered by Neon Cycle + Strength.
I further understand and acknowledge that neither Neon Cycle + Strength nor Neon Cycle LLC manufactures fitness or other equipment or products available in Neon Cycle + Strength’s Studio and therefore Neon Cycle + Strength and Neon Cycle LLC will not be held liable for defective equipment or products.
Accordingly, to the fullest extent permitted by law, I do hereby forever release, waive and discharge Neon Cycle + Strength and Neon Cycle LLC from any and all claims, demands, injuries, damages, actions or causes of action (collectively, “Claims”) related to my participation in Classes and use of the Studio against Neon Cycle + Strength, Neon Cycle LLC, or anyone acting on their behalf, and hereby agree to defend, indemnify and hold harmless Neon Cycle + Strength and Neon Cycle LLC from and against any such Claims.
I am aware and acknowledge that if I have any chronic disabilities or conditions, I am at risk in using Neon Cycle + Strength’s Classes and Studio, and should not be participating in any Classes which could cause increased risk of injury or adverse health consequences as a result of exercise.
I am aware and acknowledge Neon Cycle + Strength and Neon Cycle LLC make no claims as to medical results that can or may be obtained through participation in Classes and use of the Neon Cycle + Strength’s Studio. Neon Cycle + Strength has neither suggested nor will suggest any medical treatment to me. Only licensed medical professionals are qualified to give medical advice. I am instructed not to act on the advice given by any unlicensed employee of Neon Cycle + Strength unless such advice has been verified by participant’s licensed physician.
I hereby irrevocably consent to and grant Neon Cycle LLC the exclusive and unlimited right to use and reproduce any and all photographs, slides, moving pictures, audio and visual recordings or testimonial accounts taken by Neon Cycle + Strength’s employees, Neon Cycle LLC’s employees, or at Neon Cycle + Strength’s Studio and events of Neon Cycle + Strength, that contain my name, image, voice, likeness or account, in any and all media now or hereafter known, including, without limitation, Neon Cycle LLC records, television, radio, print media and distribution over the internet, for illustration, exhibition, promotion, art, editorial, advertising, sale, press conferences, meetings, hearings, educational conferences, trade, or any other purpose whatsoever, either with or without my name or photo accompanying such use. I waive the right to inspect, approve or edit any such use or reproduction, and Neon Cycle LLC may make any and all changes, modifications, rearrangements, additions or deletions in its use reproductions without any approval. This permission extends to all languages, media, formats and markets now known or hereafter devised.
I am aware, acknowledge and agree that if any provision of this Participation Waiver and Release Form is found to be unenforceable or invalid in any way, the remaining provisions will remain in force and effect.
I acknowledge that I have read this PARTICIPATION waiver AND RELEASE and have received the opportunity to discuss this with my legal counsel, fully understand its terms, and understand that I am giving up substantial rights including my right to sue Neon Cycle + Strength and Neon Cycle LLC under certain circumstances. further, I acknowledge that I fully understand the terms of this PARTICIPATION waiver AND RELEASE is indefinite and acknowledge that I have signed it freely and voluntarily without any inducement, assurance, guarantee, or oral representation being made.