Grounded NWA

PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING IT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS.

In consideration of being permitted to participate in the programs, classes, personal training, and use the facilities and equipment of Grounded NWA, located at 1210 Southeast Walton Boulevard, STE 2, Bentonville, AR 72712, including but not limited to infrared heated classes, personal training sessions, and open gym access (hereinafter collectively referred to as “the Activities”), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I, the undersigned participant, agree to the following terms and conditions:

1. Assumption of Risk: I understand and acknowledge that participation in the Activities, including but not limited to exercise, physical exertion, use of equipment, and exposure to infrared heating, involves inherent risks, dangers, and hazards that may result in serious injury, illness, disability, or death, as well as property damage or loss. These risks may include, but are not limited to, muscle strains, sprains, fractures, concussions, heart attack, dehydration, heatstroke, falls, and other unforeseen health complications. I am voluntarily participating in the Activities with full knowledge of these risks and dangers, and I agree to assume full responsibility for any and all risks of injury, death, or property damage suffered by me arising out of or related to my participation in the Activities.
2. Health and Fitness Representation: I represent and warrant that I am in good physical health and condition and do not have any medical conditions, injuries, or disabilities that would prevent me from safely participating in the Activities or would be aggravated by my participation. I understand that it is my responsibility to consult with a physician prior to participating in the Activities and to inform Grounded NWA staff of any changes in my health status.
3. Waiver and Release of Liability: I hereby waive, release, and forever discharge Grounded NWA, its owners (Mandy DeFreece and Madison Lantzsch), directors, officers, employees, agents, instructors, and volunteers (hereinafter collectively referred to as “the Released Parties”) from any and all claims, demands, actions, causes of action, and liabilities of any kind, whether known or unknown, arising out of or in any way connected with my participation in the Activities. This waiver and release includes, but is not limited to, claims for personal injury, illness, disability, death, property damage, or any other loss, whether caused by the negligence of the Released Parties or otherwise.
4. Indemnification: I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, causes of action, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with my participation in the Activities, including but not limited to any claims brought by third parties.
5. Photography and Video Release: I grant Grounded NWA permission to use photographs and/or videos of me taken during my participation in the Activities for promotional and marketing purposes without compensation.
6. Governing Law and Severability: This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
7. Voluntary Agreement: I have read this Waiver of Liability, Assumption of Risk, and Indemnification Agreement, and I understand its contents. I acknowledge that I am signing this Agreement voluntarily and freely, and that I have had the opportunity to seek independent legal advice prior to signing.

Participant’s Name (Printed):

Participant’s Signature:

Date:

If participant is under 18 years of age, Parent/Legal Guardian must sign below:

I am the parent or legal guardian of the above-named participant. I have read and understand this Agreement and voluntarily agree to its terms on behalf of my child. I also agree to indemnify, defend, and hold harmless the Released Parties from any and all claims that may be brought by or on behalf of my child.

Parent/Legal Guardian’s Name (Printed):

Parent/Legal Guardian’s Signature:

Date: