Disclaimer

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Fitness Studio Waiver

Medical Advice and Activities.  Any health, wellness, or nutrition information provided by Patches for Exercisers, LLC (“Patches for Exercisers,” “we,” or “us”), our affiliates, licensees, subcontractors, representatives, employees, members, directors, and agents (each and all of them “Authorized Persons”) is for informational purposes only and is not intended to replace the relationship between you and your physician or other medical provider. WE ARE NOT A LICENSED MEDICAL CARE PROVIDER AND HAVE NO EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC EXERCISE ON A MEDICAL CONDITION. 

You may have access to information related to certain fitness activities including without limitation, walking, hiking, jogging,  running, rowing, in-line skating, cross country skiing, skating, tennis racquet ball, hand ball, canoeing, walking golf, cycling, volley ball, badminton, basketball, and ice skiing (each an “Activity” and collectively the “Activities”).  You should always consult a physician before starting a fitness program, engaging in physical activity, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you may have received from us or an Authorized Person or have read on or through our website or other media or materials. You should consult with your physician before you follow any [training instructions] you receive from us or an Authorized Person or participating in any Activity. Not all Activities are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. People who have Type 1 diabetes or other adverse medical or nutritional conditions should not participate in Activities unless such use is directed and closely monitored by a physician. By your participation in an Activity, you represent that you have received consent from your physician to participate in the Activity.  WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM YOUR PARTICIPATION IN ACTIVITIES. IF YOU ENGAGE IN ANY ACTIVITY RECEIVED OR LEARNED ABOUT THROUGH THE SERVICES YOU AGREE THAT YOU DO SO AT YOUR OWN RISK AND ARE VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES. 

YOU ARE AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. YOU ACKNOWLEDGE THAT ANY INJURIES THAT YOU SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF US OR OUR AUTHORIZED PERSONS. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF US, OUR AUTHORIZED PERSONS, OR OTHERWISE.

YOU HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST US AND OUR AUTHORIZED PERSONS, ON ACCOUNT OF INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLE TO THE ACTIVITIES, WHETHER ARISING OUT OF THE NEGLIGENCE OF US OR OUR AUTHORIZED PERSONS OR OTHERWISE. YOU COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST US OR OUR AUTHORIZED PERSONS, AND FOREVER RELEASE AND DISCHARGE US AND OUR AUTHORIZED PERSONS FROM LIABILITY UNDER SUCH CLAIMS.  YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS US AND OUR AUTHORIZED PERSONS AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING ATTORNEY FEES, FEES AND THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, ARISING OUT OR RESULTING FROM ANY CLAIM OF A THIRD PARTY RELATED TO THE ACTIVITIES. 

[IF INSERTING TEXT ON WEBSITE, INSERT THE ABOVE LANGUAGE. IF STAND ALONE DOCUMENT, ALSO USE BELOW.]

This agreement and our Membership Agreement (if applicable) constitutes the sole and entire agreement of with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.  In the event of a conflict between any of the terms and conditions of this agreement and any other terms and conditions, the terms and conditions of this agreement shall control.  If any term or provision of this agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This agreement is binding on and shall inure to the benefit of us and You and each party’s respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction). Any claim or cause of action arising under this agreement may be brought only in the federal and state courts located in Franklin County, Ohio and you hereby consent to the exclusive jurisdiction of such courts.

BY CHECKING THE BOX NEXT TO “I agree with the above terms” [AND CLICKING “Create Account,”] YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE [INSERT ENTITY NAME] AND ITS AUTHORIZED PERSONS.