Bodies for Birdies

Exercise, equipment and classes

All workouts, classes, use of weights, use of machinery and use of equipment and apparatus at HealthSPORT shall be at the member's sole risk. The member understands that even though some HealthSPORT workouts are organized and led by instructors, the final decision to participate in exercise programs or methods and decisions related to the types of equipment the member uses shall be solely his or her responsibility. HealthSPORT, its owners, employees, contractors, managers and all other related entities and individuals (collectively referred to herein as "HealthSPORT"), shall not be liable to member for any claims, demands, damages or causes of actions due to injury to member's person or property arising out of or in connection with the use by him or her of the services, facilities and/or premises of any HealthSPORT location regardless of whether the injury or damages were caused by the negligence of HealthSPORT, its instructors, its employees or its agents. This waiver and release specifically applies to claims of negligent instruction and/or supervision that may arise as a result of injuries sustained during classes or training programs (even programs requiring an extra fee) and the waiver and release applies regardless of whether the injuries were caused by malfunctioning or inadequately maintained exercise equipment or general maintenance issues in the facility.

By signing below, I acknowledge that I have read and understand.

General use of HealthSPORT locations

It is expressly agreed that the use of all HealthSPORT premises and facilities (including but not limited to the workout floor area, restrooms, locker areas, outdoor areas, sports courts, play areas, parking lots, common areas, pools, etc.), without limitation and whether engaging in exercise activities or not, shall be undertaken by a member at his or her sole risk. HealthSPORT shall not be liable for any injuries or damages to any member, or the property of any member, or be subject to any claim, demand, damages or causes of action arising out of the use of, or occurring on, any HealthSPORT premise or facility regardless of whether it was caused by the negligence of HealthSPORT, its employees or its agents. It is agreed that this waiver and release agreement applies to any and all incidents occurring on any HealthSPORT operated premise or facility (including HealthSPORT locations other than member's location of enrollment). This waiver and release agreement specifically applies to, but is not limited to, slip or trip and fall incidents, regardless of the cause. HealthSPORT's facilities and premises include all areas associated with HealthSPORT in any manner, including the parking lot, sidewalk and other outdoor areas surrounding the facilities. It is also understood that HealthSPORT shall not be liable to member claims, demands, or causes of actions due to the negligence associated with the presence of or transmission of any bacteria, viruses, or infectious disease.

By signing below, I acknowledge that I have read and understand.

Persons under the age of 18

In consideration for permission to participate in any class, program or activity at HealthSPORT, I, for myself, and on behalf of the minor child(ren) identified above, our heirs, personal representatives and/or assigns, do hereby release, waive, discharge, and covenant not to sue HealthSPORT, its owners, employees, contractors, managers and all other related entities and individuals (collectively referred to herein as “HealthSPORT”), from liability for any and all claims for personal injury, illness, death, property damage, or any other claim, including but not limited to claims arising out of the negligence of HealthSPORT, its instructors, its employees (including child monitoring staff) or its agents. This waiver and release of liability applies to all HealthSPORT activities, without limitation, regardless of whether participation is self-directed or organized and led by an employee or agent of HealthSPORT.

It is expressly agreed that participation in any and all HealthSPORT activities, including but not limited to the use of all HealthSPORT premises and facilities, without limitation and whether engaging in exercise or physical activities or not, shall be undertaken by the minor at his or her sole risk, and HealthSPORT shall not be liable for any injuries or any damages to any minor or be subject to any claim, demand, damages or causes of action arising out of the use of, or occurring on, any HealthSPORT premise or facility regardless of whether it was caused by the negligence of HealthSPORT. This waiver and release is intended to be as broadly interpreted as allowed under California law.

The Parent/Guardian executing this waiver and release of liability hereby agrees to hold HealthSPORT harmless from all claims which may be made by or on behalf of any minor listed on this agreement or any of their guests and to defend and indemnify HealthSPORT from any such claims to the fullest extent allowed under California law. This express indemnification provision specifically includes reimbursement for any and all attorneys’ fees and litigation costs incurred by HealthSPORT or on its behalf as a result of any such claim or litigation.

The Parent/Guardian also expressly acknowledges that he or she is relinquishing, on behalf of the minor child(ren) using any HealthSPORT location, including but not limited to Kids Cove facilities and child monitoring services, all rights the child may have to sue HealthSPORT for injuries arising out of the use of any HealthSPORT premises, facility or service regardless of whether the injuries were caused by the negligence of HealthSPORT, its employees or agents.

The undersigned also expressly acknowledges that by signing below he or she is relinquishing all rights he or she may have to sue HealthSPORT for injuries arising out of the use of its premises, facilities or its services. This release is intended to be interpreted as broadly as allowed under California law.