HYPERICE PARTICIPANT AGREEMENT,
WAIVER, AND RELEASE OF LIABILITY (“Agreement”)
Using the facilities or equipment owned or operated by or on behalf of Hyperice, UFC GYM or its franchisee (including, without limitation, both indoor and outdoor areas specified for fitness activities by UFC GYM), or any other UFC GYM facilities involves the risk of injury to you or your guest, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. In consideration of your participation in the activities offered by UFC GYM, including the general use of the facilities including, without limitation, the equipment (whether on your own, with a UFC GYM employee and/or in a group fitness class), octagon, aquatic facilities, spas, saunas, steam rooms, UV tanning, sunless/spray tanning, basketball courts, racquetball courts and/or other specialized venues and/or equipment that may be located within the facilities as well as cryotherapy, massage and percussion therapy and other forms of physical therapy, you understand and voluntarily accept this risk and release the franchise owner, Hyperice, Ultimate NEV, LLC, U GYM, LLC, UG Franchise Operations, LLC, UG Management Company, LLC, and each of their respective parents and affiliates, and its and their respective owners, officers, directors, employees, volunteers, agents and independent contractors thereof (the “Releasees”), from liability for injury, including, without limitation, personal, bodily, or mental injury, economic loss, or any damage to you, your spouse, guests, unborn child, or relatives, resulting from your use of UFC GYM, including any injury relating to the ordinary negligence, actual or passive, whether related to exercise or not. You further agree to hold harmless, defend and indemnify the releasees from all liability, damages, defense costs, including attorneys’ fees, and any other costs incurred in connection with claims brought by you, your guests, or minors accompanying you or under your care; provided, however, that your obligation to hold harmless, defend and indemnify the releasees shall be waived if and to the extent that an arbitrator or court of proper jurisdiction finds that one or more of the releasees exhibited gross negligence or intentional misconduct in relation to the action or inaction leading to the liability incurred by you. Further, you understand and acknowledge that UFC GYM provides instructional, not recreational, services, and the releasees do not manufacture fitness or other equipment, but purchase and/or lease equipment. You understand and acknowledge that the releasees and UFC GYM are providing recreational services and may not be held liable for defective products. By signing this agreement, you acknowledge and agree that you have read the foregoing and know of the nature of the activities at UFC GYM. To the extent any portion of this release is deemed to be invalid under state law, the remaining portions of the release shall remain binding and available for use by the releasees and their respective counsel in any proceeding. By agreeing to this release, under no circumstances are you waiving your rights to sue, although you are limiting your rights to certain damages.
You expressly waive whatever benefits you may have under Section 1542 of the California Civil Code (and any equivalent applicable law of the State in which this document is signed) which provides that:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
I HAVE READ THIS AGREEMENT, WAIVER, AND RELEASE OF LIABILITY; KNOW, UNDERSTAND, AND AGREE TO BE BOUND BY ITS CONTENTS; AND SIGN IT OF MY OWN FREE WILL.