In consideration of the services of BRO, INC. D/B/A PRIMETIME PERSONAL TRAINING, its agents, owners, officers, managers, participants, employees, and all other persons or entities acting in any capacity on its behalf (hereinafter, collectively referred to as “PRIMETIME”), I hereby agree as follows:
I. I acknowledge that PRIMETIME is offering services to me which may include, without limitation, the use of any of the amenities and equipment in the training facility located at 4039 N. St. Peters Parkway and the participation in activities, classes, programs, personal training or instruction (the “ACTIVITY”).
II. I acknowledge that there are inherent risks involved in the ACTIVITY, and I choose to voluntarily participate in the ACTIVITY with full knowledge that the ACTIVITY may result in physical or emotional injury, paralysis, death, or damage to myself or my property.
III. I expressly agree and promise to accept and assume all of the risks existing in the ACTIVITY. My participation in the ACTIVITY is purely voluntary, and I elect to participate in spite of the risks. I certify that I am willing to assume the risk of any medical or physical condition I may have.
IV. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless PRIMETIME from any and all claims, demands, or cause of action, which are in any way connected with my participation in the ACTIVITY or my use of PRIMETIME’S equipment, facilities, including any such claims which allege negligent acts or omissions of PRIMETIME.
V. Should PRIMETIME or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
VI. I authorize PRIMETIME and its agents to take any action deemed necessary in case of emergency medical situations. I understand that PRIMETIME may not maintain insurance covering circumstances arising from my participation in the ACTIVITY or any event related to that participation. As such, I am aware that I should review my personal insurance coverage and my personal insurance coverage will be used when appropriate and applicable.
VII. It is my express intent that this document shall be binding upon myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate.
I understand and consent to a PrimeTime Registered Trainer conducting personal training, group exercise instruction, massage therapy, or any other ACTIVITY with me.
By agreeing to this agreement, I acknowledge that if I am hurt or my property is damaged arising out of my participation in the Activity, I may be found by a court of law to have waived my right to maintain a lawsuit.
I have had sufficient opportunity to read this entire document. I understand I have the right to review it with my own counsel. I understand this Participant Agreement, Release and Waiver and I agree to be bound by its terms.