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TRY OUTFIT WAIVER

This MEMBERSHIP AGREEMENT is made by and between OutFit, LLC (the “Program”) and 

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Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement:

 I, the Member/Responsible Party, on my own behalf, and behalf of all others who are listed as Additional Members under this Membership Agreement, including my minor children, and my and their personal representatives, assigns, successors, heirs, and next of kin, (hereinafter collectively referred to as “the Releasors”), acknowledge and agree that the use of the facilities, services, equipment or premises of OutFit, LLC (the “Program”) by myself or any of the Releasors involves risk of injury to persons and property, and the Releasors assume full responsibility for such risks for myself/themselves.  In consideration of being permitted to enter the Program’s facilities for any purpose, including, but not limited to, observation, use of facilities, services, or equipment, or participation in any way, the Releasors agree to the following: the Releasors are authorized to, and do hereby release and hold the Program, its directors, officers, parents, subsidiaries, employees, members, managers, independent contractors, and agents harmless from all liability to all the Releasors, and any of their personal representatives, assigns, heirs and next of kin or any loss or damage sustained by any of the Releasors. The Releasors hereby waive any claim or demands therefore based on, or on account of, any injury or death to any of the Releasors and property damages sustained by any of the Releasors, whether caused by the active or passive negligence of the Program or otherwise, while I, or any of the Releasors is in, upon, or about the Program’s premises, or while using the Program’s facilities, services, or equipment.

This release of liability includes, but is not limited to, claims based on the following: the Program’s improper maintenance of its equipment (mechanical or otherwise), grounds or facilities, the Program’s negligent instruction or supervision, including personal training, or inadequate security or staffing, the Releasors’ use of the Program's facilities, services or equipment, and/or slipping or tripping anywhere in or about the Program.  Such facilities and services include, but are not limited to: exercise equipment, sidewalks, parking lots, stairs, bleachers, benches, athletic fields/courts, and restrooms.  Such risk of injury includes, but is not limited to injuries arising from the participation by myself or any of the Releasors, or others in supervised or unsupervised activities at the Program, injuries and medical disorders, including, but not limited to death, heart attacks, strokes, heat stress, sprains, broken bones, and injured muscles and ligaments, among others, arising from exercising, any recreational use of any of the Program’s facilities, or otherwise, or while participating in any of the Program’s classes, services or activities, and accidental injuries occurring anywhere in or about the Program.


I also agree to indemnify and hold the Program harmless from any loss, liability, damage or cost that the Program may incur due to my presence or the presence of any of the Releasors in, upon, or about the Program’s premises or in any way observing or using any of the Program’s facilities, services or equipment, whether caused by my negligence or otherwise.  I further expressly agree that the foregoing Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement is intended to be as broad and as inclusive as permitted by the law of the state of California, and that if any portion of the foregoing Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement is held invalid, then it is agreed that the remainder of this Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement shall continue In full force and effect.


I acknowledge that I have carefully read this Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement and fully understand that it is a release of liability, and express assumption of risk and indemnity agreement.  I am aware and agree that by executing this Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement, I, and all of the Releasors are giving up any rights I or any and all of the Releasors may have to bring a legal action or assert a claim against the Program for its active or passive negligence, or for any defective product on its premises.


I represent that I have the actual authority to, and do hereby enter into this Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement on my behalf and as an authorized agent, or parent or legal guardian for all the Releasors.  I have read and voluntarily signed this Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement and I further agree that no oral representations, statements or inducement apart from the foregoing written agreement have been made by me.  Any Member, who is under the age of 18, must have a parent of legal guardian co-sign and guarantee this Agreement.  The Co-signer, along with the Member, agree to be bound by all the terms and conditions of the Agreement.

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