Waiver of Liability.
The Gym Cube, LLC
Waiver of Liability, Assumption of the Risk, and Indemnity Agreement
Participant's Information:
Full Name: ___________________________
Date of Birth: ________________________*
Address: _____________________________
City: ________________________________
State: _______________________________
Zip Code: ____________________________
Email Address: ________________________
Phone Number: ________________________
*All participants must be at least 18 years of age or older.
Waiver: In consideration of being permitted to participate in any way in physical exercise, training, and related activities including but not limited to, cardiovascular workouts, weightlifting, strength training, use of exercise equipment, and group fitness classes at The Gym Cube’s 24-hour gym facility that is not staffed (hereinafter called “The Activity”), I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue The Gym Cube, LLC, its officers, directors, partners, members, employees, and agents from liability from any and all claims including negligence of The Gym Cube, LLC, its officers, directors, partners, members, employees, and agents, resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in The Activity.
Signature of Participant Date
Printed Name of the Participant
Additional Waiver for Acts of God and Other Potential Liabilities in North Carolina:
I understand and acknowledge that in addition to the inherent risks and dangers associated with the Activity and the use of Gym Cube facilities, there may be unforeseeable events and acts of nature beyond the control of Gym Cube that could cause injury, damage, or other potential liabilities. Such events may include, but are not limited to:
• Acts of God: I am aware that Gym Cube and its representatives are not responsible for any injury, loss, or damage that may result from natural disasters or acts of God, including but not limited to lightning strikes, earthquakes, floods, hurricanes, tornadoes, and other catastrophic events.
• Wind Damage: I acknowledge that Gym Cube takes reasonable measures to ensure the safety and structural integrity of its facilities. However, I understand that severe weather conditions, including high winds, could cause damage to the building, equipment, or surrounding areas, and Gym Cube shall not be held liable for any resulting injuries or damages.
• Power Outages: I am aware that power outages or disruptions in electricity supply may occur due to various reasons, including storms or other unforeseen circumstances. Gym Cube shall not be held responsible for any injury, inconvenience, or loss that may arise from such power outages.
• Third-Party Liability: I acknowledge that Gym Cube may collaborate with third-party contractors or service providers for various purposes, including maintenance, security, or special events. While Gym Cube strives to engage reputable and responsible third parties, I agree that Gym Cube is not liable for any actions, omissions, or damages caused by these third parties.
I agree that, to the maximum extent permitted by the laws of North Carolina, The Gym Cube, LLC, its officers, directors, partners, members, employees, and agents shall not be held liable for any direct, indirect, incidental, special, or consequential damages that may arise from my use of Gym Cube's facilities, equipment, or services from any acts of God or other Potential Liabilities.
Signature of Participant Date
Printed Name of the Participant
Assumption of the Risks: Participation in The Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks range from (1) minor injuries such as scratches, bruises, and sprains (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions to (3) catastrophic injuries including paralysis and death.
I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in The Activity. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD The Gym Cube, LLC, its officers, directors, partners, members, employees, and agents HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees brought as a result of my involvement in The Activity and to reimburse them for any such expenses incurred.
Agree to Arbitrate: Except as otherwise expressly set forth herein, any controversy arising out of or relating to this Agreement, or the breach of this Agreement, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction. The prevailing party shall be entitled to all costs of arbitration including, but not limited to, reasonable attorneys’ fees. The parties further agree that they shall be entitled to discovery in the same manner as though the dispute were within the jurisdiction of the State of North Carolina and that the statute of limitations shall be applied in the same manner as provided for in this Agreement. The parties agree that all arbitration shall be conducted in Pender County, North Carolina.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of North Carolina and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Participant's Electronic Signature:
(Please type your full name)
Date of Electronic Signature: