In exchange for permission to participate in fitness events and activities (the “Fitness Events”) operated or organized by Downtown Media & Production Inc., d/b/a Downtown Magazine (“Downtown Magazine”), and its subsidiaries, affiliates, employees, trainers, independent trainers, instructors, successors and assigns, I understand, agree and acknowledge, on behalf of myself, my heirs, assigns and successors the following:
- I acknowledge that the Fitness Events entail inherent risks and dangers, and I knowingly and voluntarily assume and accept full responsibility for any risk of injury, illness or death that may result from my participation in the Fitness Events.
- I have no known medical or physical condition (including pregnancy) mental or emotional disability or any other medical condition or disability that would make it a physical or medical danger for me to participate in the Fitness Events.
- I have not been advised by a physician to limit my physical activities and will not be under the influence of any substance or medication that would render physical activity a danger to me or to other participants in the Fitness Events.
- I acknowledge that it is the recommendation of Downtown Magazine that I consult with a physician before participating in sessions and classes, and that my participation in such sessions and classes is purely voluntary at my own risk, and that I agree to assume all risks related to or inherent in such participation, and that the trainer or instructors advice is not to be defined or construed by me to be medical advice.
- I hereby release Downtown Magazine from any and all liability for, and with respect to Downtown Magazine waive any and all, claims and demands (whether known or unknown) by me of whatever nature, either in law or in equity, which arise or may hereafter arise from or in any way relate to my participation in the Fitness Events. I understand and acknowledge that this agreement discharges Downtown Magazine from any liability or claim that I may have against Downtown Magazine with respect to bodily injury, personal injury, illness, death or property damage that may result from my participation in or association with the Fitness Events, whether caused wholly or in part by the simple negligence, fault or misconduct, other than intentional or grossly negligent conduct of Downtown Magazine.
- I agree to wear apparel and training accessories that is appropriate for my participation in the Fitness Events, including such apparel as may be reasonably recommended by Downtown Magazine.
- That Downtown Magazine is not in any way responsible for the safekeeping of my personal belongings, and that any storage capability provided by Downtown Magazine is recognized as a courtesy for my own benefit and at my own risk.
- That Downtown Magazine is relying on this agreement to be signed in order for me to participate in fitness classes or events.
- That this agreement shall be binding and remain in effect for as long as I participate in sessions, classes or events at or associated with Downtown Magazine.
- I expressly agree that this agreement is intended to be as broad and inclusive as permitted by the laws of the state of New York and this release shall be governed by and interpreted in accordance with the laws of the state of New York. I agree that in the event any clause or provision of this agreement is deemed invalid, the enforceability of the remaining provisions of this agreement shall not be affected.
- That my checking this box below shall be deemed to be my electronic signature agreeing to the above and that this shall be deemed equivalent to my written signature, acknowledging my acceptance of the above terms and conditions.
I hereby affirm that I have read and fully understand all of the above.