Waiver of Liability
In consideration of the services of Connor Miller, his agents, employees, owners, officers, volunteers, participants, affiliates, related entities, and all other persons or entities acting in any capacity by, through, under or on his behalf (hereinafter collectively referred to as "Hamptons Elite Fitness LLC"), I hereby agree to release, indemnify, and discharge Connor Miller, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives, agents, administrators and estate as follows:
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1. I acknowledge that my participation in any activity, exercise, class, program, instruction, or event, including but not limited to, weightlifting, walking, jogging, running, jumping, climbing, stretching, aerobic activities, or any training, sporting, recreational endeavor, or other strenuous movements ("Activities") utilizing equipment or facilities provided by Connor Miller can be dangerous and entails known and unanticipated risks that could result in physical, psychological, or emotional injury or death. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of these Activities.
Risks from these Activities include, but are not limited to, heart attacks, concussions, muscle strains, muscle pulls, muscle tears, bruises, scratches, lacerations, fractures, broken bones, shin splints, heat prostration, injuries to the head, neck, or back, injuries to knees, foot, wrist, arm, or shoulder, injuries to internal organs, soreness, illness, or any psychological or emotional injuries or physical damage that I may incur, including death.
Furthermore, Connor Miller and his staff seek safety but may not be infallible. Among other things: (1) They may be unaware of a participant’s fitness or abilities, (2) They may misjudge physical or environmental conditions, (3) They may give incomplete or inaccurate instructions or warnings, and (4) The equipment being used may malfunction.
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2. I expressly agree and promise to accept and assume all risks existing in these Activities. My participation is voluntary, and I elect to participate despite the risks. It is ultimately up to me, not Connor Miller, to discontinue these Activities if I feel it is unsafe for any reason including environment, physical conditions, my actions or those of others.
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3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Connor Miller from any and all claims, demands, actions, suits, judgments, damages, liability, costs, expenses, or causes of action in any way connected to my participation in these Activities or use of any equipment or facilities, including but not limited to claims alleging negligent acts or omissions by Connor Miller.
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4. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or I agree to bear the cost personally. I certify that I am willing to assume the risk of any medical or physical condition I may have.
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5. Should Connor Miller or anyone acting on his behalf incur reasonable attorney’s fees or costs to enforce this agreement, I agree to indemnify and hold him harmless for all such fees and costs.
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6. I certify I have no medical or physical conditions that interfere with my safety in these Activities, or I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such conditions.
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7. Notwithstanding anything to the contrary herein, in the event that I file a lawsuit against Connor Miller, I agree to do so solely in the State of New York, and that the substantive law of New York shall apply, without regard to conflict of law rules. If any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
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8. If participating in online or virtual training, I acknowledge that I am not monitored by Connor Miller, and there is no liability if injury occurs while engaging in Activities. Connor Miller may provide instructions but cannot monitor me. If unable to perform Activities due to physical limitations or lack of understanding, I agree not to attempt them and assume all liability if I do.
By "ACCEPTING" this document, I acknowledge that if anyone is hurt, or property is damaged or lost during my participation, I waive my right to maintain a lawsuit against Connor Miller or “Hamptons Elite Fitness LLC” on the basis of any claim from which I have released him herein.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. I have signed it freely and voluntarily, without inducement, assurance, or guarantee. I understand that by signing, I am waiving valuable legal rights, and intend my signature as a complete and unconditional release of liability to the greatest extent allowed by law.
I agree that a digitally reproduced or scanned version of this waiver is fully valid and representative of the original, signed copy.
Contact: Connor Miller, connormillerfit@gmail.com
I accept the above Terms & Conditions: