FitELITE, LLC PARTICIPANT'S ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT (hereafter "participant"), being of lawful age, desires to participate in exercising recreational activities, including WEIGHT AND FITNESS TRAINING, with FitELITE, LLC. Participant acknowledges the existence of other WEIGHT AND FITNESS TRAINING facilities but chooses to participate in these activities through FitELITE, LLC. Participation in the WEIGHT AND FITNESS TRAINING activities include, but are not limited to, exercises to build the cardiorespiratory system (heart and lungs), the musculoskeletal system (muscle endurance, strength, and flexibility), and general body composition improvement (decrease of body fat in individuals needing to lose fat with an increase in weight of muscle and bone). Exercise activities may also include aerobic activities (walking, running, bicycle riding, rowing, swimming, and other aerobic activities, which may or may not involve exercising equipment such as a treadmill, elliptical, and/or a stationary bicycle), callisthenic exercises, weight lifting to improve muscular strength and endurance, and flexibility exercises to improve joint range of motion. Participant acknowledges that there are inherent risks involved with participating in these WEIGHT AND FITNESS TRAINING activities. These WEIGHT and FITNESS TRAINING activities may lead to injuries, permanent disability, and even death. Participant understands that the reaction of the heart, lung, and blood vessel system to exercising cannot always be predicted with accuracy. Participant is aware that there is a risk of certain abnormal changes which occur during or following exercise which may include abnormalities of blood pressure or heart attacks, among other health concerns. Further, participant's use of weight lifting equipment and engagement in heavy body calisthenics may lead to musculoskeletal strains, pain and injury if adequate warm-up, gradual progression, and safety procedures are not followed. Participant is aware of these risks but understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of FitELITE, LLC. Despite the risks, participant desires to participate in the WEIGHT AND FITNESS TRAINING activities because of their potential benefits. Participant understands that a program of regular exercise for the heart, lungs, muscles, and joints has many benefits associated with it, including a decrease in body fat, improvement in blood fats and blood pressure, improvements in physiological function, and decrease risk in heart disease. Participant, in consideration of the opportunity to participate in FitELITE's recreational activities, including WEIGHT AND FITNESS TRAINING, and for other good and valuable consideration, FOREVER RELEASES AND DISCHARGES FitELITE, LLC, its managers, members, agents, and all other persons, corporations, associations, or partnerships in any way involved in the recreational activities, and all facilities or gyms, owners of said facilities or gyms and personal property, including but not limited to exercising equipment, used for these recreational activities, FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DEMANDS, RIGHTS, DAMAGES, AND COSTS WHATSOEVER, which the participant may have or incur on account of or in any way growing out of any and all known and unknown, foreseen or unforeseen, bodily and personal injuries and/or property damage or the consequences resulting from any accident, casualty, or event involving the participant arising out of these recreational activities which include any claims or losses caused by other participants, guests, invitees, or persons incidentally involved in the recreational activities. Please see Wis. Stat. 895.525 attached hereto. Participant further warrants, releases, and agrees that participant is in good physical condition and, except as disclosed on the health history form, has no disability, impairment, or ailment preventing participant from engaging in active or passive exercise that will be detrimental to participant's heart, safety or comfort, or physical condition if participant engages in WEIGHT AND FITNESS TRAINING activities.This Agreement is necessary to allow participant to engage in the recreational activities, including WEIGHT AND TRAINING ACTIVITIES, and participant AGREES TO FULLY RELEASE FitELITE, LLC, its managers, members, and agents, regardless of fault, from any and all responsibility for accident, injury, or death, or in any way arising out of the recreational activities as stated above. Participant recognizes individual responsibility to have sufficient insurance to cover participant's own injuries or loss resulting from these activities. Participant further declares and represents that no promise, inducement, or agreement not stated in this Release has been made to the participant, and that this Release contains the entire agreement between the parties. The terms of this Release are contractual and not a mere recital. THEPARTICIPANT HAS READ! THIS RELEASE AND FULLY UNDERSTANDS IT. Dated: April 19, 2024 |