Parties: This Release of Liability (the "Release") is between you and Invictus Fitness, Inc. ("Invictus"). You are entitled to a copy of this Agreement at the time you sign it.
Medical Advice Not Provided: You hereby acknowledge that Invictus does not diagnose health problems, and does not provide medical advice or medical services. Invictus has advised you to discuss the appropriateness of your exercise program with your doctor. Invictus may ask you to fill out a Health Questionnaire, but this document is nothing more than guidance for Invictus to help you set your fitness goals. The fact that Invictus agrees to provide the services discussed herein to you based on the questionnaire and your representations is not a medical judgment that you are medically, physically or mentally able to enjoy the benefits of Invictus' services. Our services should not replace any dietary or physical restrictions or medical recommendations from your doctor.
Acknowledgement & Assumption of Risk: You hereby acknowledge that you will be participating in strenuous, high-intensity physical activities, including, but not limited to weightlifting, stretching, running, jumping, pushing, pulling, climbing and carrying relatively heavy objects. You acknowledge that these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, stroke, death, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, foot/knee/hip/back injuries and any other illness, soreness, or injury however caused occurring during or after your participation in physical activities at Invictus. You further acknowledge that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, or your own over-exertion, slip and fall, or unknown health problem. You specifically acknowledge and assume the risk of injury due to Rhabdomyolysis and/or other exertion-related injuries and illnesses, and hereby accept that it is your responsibility to recognize your limits and stop all physical activities when you believe it is necessary and appropriate to do so. You agree to assume all risks and responsibility involved with your participation in physical activities at Invictus. You acknowledge that your participation will be physically and mentally challenging, and you agree that it is your responsibility to seek competent medical or other professional advice regarding any concerns or questions involved with your ability to take part in physical activities at Invictus. By signing this Release, you assert that you are capable of participating in physical activities at Invictus, and that you agree to assume all risk and responsibility for exceeding your physical limits.
Limitation of Liability & Full Release of Invictus: You, your heirs, assigns and next of kin, agree to fully release Invictus, its owners, employees, any related entities or other authorized agents, including independent contractors from any and all liability, claims and/or litigation or other actions that you may have for injuries, disability, death or other damages of any kind, including, but not limited to, direct, special, incidental, indirect, punitive or consequential damages, whether arising in tort, contract, breach of warranty or arising out of participation in physical activities at Invictus even if caused by the negligence or fault of Invictus, its owners, employees, any related entities or other authorized agents, including independent contractors. You are urged to have this Release reviewed by an attorney before signing.
Enforceability: The parties hereto agree that if any provision or portion of this Release is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Release, which shall otherwise remain in full force and effect. However, you specifically agree that all the terms and conditions are to be enforced and you specifically waive any statute or other right, of any type, which would invalidate the enforceability of any provision or portion of a provision of this Release.
Governing Law: This Release shall be governed and enforced in accordance with California law.
Welcome to Invictus Fitness - We promise to offer a professional environment and a knowledgeable staff, dedicated to helping you reach your fitness goals. We promise to always challenge you so that you never get bored and to create a community that will inspire and motivate you.