Peaks Island Strength and Wellness LLC
Participation Agreement, Liability Waiver, and Rules & Regulations
WHO WE ARE…
Peaks Island Strength and Wellness LLC (“PISW”) is an islander owned and operated business designed to help everyone in our community in their efforts to pursue healthy, fit lifestyles. The path to fitness is very much a matter of individual choice and determination, with numerous variables influencing outcomes. We sincerely hope you find our facility to be a user-friendly resource that capably meets your various fitness and wellness needs.
In exchange for good and valuable consideration, being my access to and opportunity to use PISW facilities and equipment, the receipt of which I acknowledge, the following terms and conditions are accepted by me:
RULES/CONDITIONS OF PARTICIPATION
I am physically fit and mentally capable of performing the physical activity I choose to participate in. I have been advised to obtain a physical examination from a doctor before participating in any exercise activity.
I am aware that PISW is an unstaffed and unsupervised fitness facility which does not provide supervision, instruction, or assistance for the use of the facilities and equipment. I have been cautioned to carefully follow all guidelines and/or instructions when using the PISW’s exercise equipment and facilities. I am aware that I am responsible for the safety and well-being of myself, and that my participation is entirely at my own risk.
I am aware that physical exercise, whether using equipment or not, can be strenuous and can expose me to risks of accident, injury, disabling condition, or death. I assume any and all risk of injuries associated with participation including, but not limited to, falls, contact with other participants, the effects of the weather, including high heat and/or humidity, and all other such risks being known and appreciated by me.
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I agree to comply with all rules imposed by Peaks Island Strength and Wellness LLC regarding the use of the facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
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WAIVER OF LIABILITY/RELEASE OF CLAIMS/INDEMNIFICATION
I agree, on behalf of myself, my heirs, executors, administrators, successors and assigns, that PISW and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me or my guest(s), in, on, or about the premises, or as a result of the use of the equipment or facilities.
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I agree to assume full responsibility (hereby waiving whatever rights I possess or may in the future possess against PISW), for any injuries, damages (both economic and non-economic), and losses of any type, which may occur to me, and I hereby fully and forever release and discharge PISW, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities;
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I agree to indemnify and hold PISW harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me.
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APPLICABLE LAW
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The provisions of this Agreement, including but not limited to the Waiver of Liability/Release/ Indemnification provisions, are governed by the Laws of the State of Maine. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from. This release cannot be modified orally.
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WHEREFORE…
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I acknowledge that by agreeing to the Peaks Island Strength and Wellness LLC Participation Agreement, Liability Waiver, and Rules & Regulations, that accessing the facilities of Peaks Island Strength and Wellness LLC is a valuable privilege, and that I have read, understand, accept, and agree to all of the foregoing terms and conditions.
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