Waiver

CONSENT, WAIVER & RELEASE OF LIABILITY 

This form is an important legal document. It explains that in order to participate in DEFINE’s exercise activities you are: (i) giving certain consents; (ii) assuming certain risks; and (iii) waiving certain rights and releasing DEFINE from legal liability. It is critical that you read and understand this document completely. After you have done so, please print your name legibly and sign in the space provided.. 

On behalf of myself and any child/ward, I make this Consent, Waiver & Release of Liability in favor of MLE FITNESS LLC d/b/a DEFINE Fitness Studio, any subsidiary or affiliated entities, and their employees, agents, and/or assigns (hereinafter “DEFINE”). 

I hereby consent and grant DEFINE full rights to obtain and use any and all photographs, videotapes, or otherwise recorded aural and visual images of me and/or any child/ward. while engaged in any DEFINE activities. I further consent and grant DEFINE permission to, in its sole discretion, edit, crop, or retouch any and all such images, and waive any right to inspect the final versions thereby obtained. DEFINE, in its sole discretion, may use such images for any business purpose without compensation of any kind and with or without any name association.. 

I fully understand and acknowledge that participation in DEFINE’s physical activities and fitness training programs, classes and services (the “DEFINE Classes”), can involve actual and/or potential risks of personal injury to me and/or my child/ward. Such personal injury risks could arise in various ways, including: my own actions or inactions or those of my child/ward; the actions or inactions of other participants; the actions or inactions of DEFINE personnel and/or their agents; conditions existing in the DEFINE premises; and various other actions or inactions of others or other conditions. Further, participation in the DEFINE Classes could be difficult and strenuous at times. I and/or my child/ward therefore could experience complications, including but not limited to abnormal blood pressure; fainting; heartbeat irregularities; and in rare instances, even stroke, heart attack and/or death. Further, such complications could result in paralysis and partial or total disability. In the event any complications should arise, I give full permission forDEFINE personnel or agents to administer or arrange for the administration of any first aid and/or transportation to any medical facility deemed appropriate for me and/or my child/ward. 

I understand and acknowledge that, to operate economically, DEFINE requires all participants assume all risks of personal injury and to waive, release, and hold DEFINE harmless from all legal liability associated therewith. Because DEFINE has an economic interest in obtaining this consent, waiver and release, I understand and acknowledge that I must make an independent decision whether to agree to it. I also understand and agree that I cannot and will not receive or rely on advice from DEFINE, and that I am free to seek legal advice from independent counsel on the terms, conditions, and legal effect of this document.. Therefore, I make the following release, without receiving or relying on advice from DEFINE, and having consulted with my own legal counsel or having decided that I do not need to do so:: 

I, FOR MYSELF AND ANY CHILD/WARD LISTED BELOW, HEREBY WAIVE, RELEASE, DISCHARGE AND AGREE TO HOLD HARMLESS MLE FITNESS LLC d/b/a DEFINE FITNESS STUDIO, ANY SUBSIDIARIES, AFFILIATES, OWNERS, EMPLOYEES, AND AGENTS ((“RELEASED PARTIES”) FROM ANY AND ALL LIABILITY, AND/OR LEGAL RESPONSIBILITY FOR ANY AND ALL INJURIES, ACCIDENTS, ILLNESSES, CLAIMS, DEMANDS, DAMAGES RIGHTS, OR CAUSES OF ACTION, PAST, PRESENT OR FUTURE, ARISING OUT OF, RELATED TO, OR CONNECTED WITH: MY AND/OR MY CHILD’S/WARD’S: (A) USE OR PRESENCE ON THE PREMISES; (B) PARTICIPATION IN ANY DEFINE CLASSES; (C) USE OF OR PUBLICATION OF IMAGES OR LIKENESSES OF ME AND/OR MY CHILD/WARD BY DEFINE; (D) USE OF THE FACILITIES, EQUIPMENT, SERVICES, OR PROGRAMS, AND (E) MY AND/OR MY CHILD’S/WARD’S PARTICIPATION IN WORKSHOPS ACTIVITIES WITHIN OR OUTSIDE OF DEFINE’S LOCATIONS RESULTING FROM IN WHOLE OR IN PART BY A PRE-EXISTING DEFECT, NEGLIGENCE (WHETHER SOLE, JOINT OR CONCURRENT), GROSS NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL FAULT OF THE RELEASED PARTIES. 

ACKNOWLEDGEMENT AND INDEMNIFICATION: I FULLY UNDERSTAND THAT BY MY SIGNATURE BELOW I HAVE COMPLETELY AND UNCONDITIONALLY RELEASED ALL LIABILITY AND WAIVED ANY RIGHT THAT I MAY EVER HAVE ON BEHALF OF MYSELF AND/OR MY CHILD/WARD TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST ANY OF THE RELEASED PARTIES FOR ANY REASON WHATSOEVER. IF ANY ATTEMPT FOR SUCH CLAIM IS MADE, I AGREE TO FULLY INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS AGAINST ANY AND ALL CLAIMS BROUGHT BY ANYONE AGAINST THE RELEASED PARTIES RELATED TO ANY SUCH INJURIES, HARM, OR DAMAGES. 

TO BE COMPLETED BY CLIENTS AGE 18 AND OVER 

BY SIGNING BELOW, I ACKNOWLEDGE I’VE READ AND UNDERSTAND THE TERMS OF THIS CONSENT, WAIVER & RELEASE OF 

LIABILITY

‘TO BE COMPLETED ON BEHALF OF MINOR CLIENTS UNDER THE AGE OF 18 

BY SIGNING BELOW, I ACKNOWLEDGE I’VE READ AND UNDERSTAND THE TERMS OF THIS CONSENT, WAIVER & RELEASE OF 

LIABILITY