WARNING Physical activities and exercise can be strenuous and subject to the risk of serious injury. We urge you to obtain a physical examination from a healthcare professional before using any exercise equipment or participating in any exercise activity. Physical activity may include any movement and interaction with obstacles. The nature of parkour, freerunning, tricking, handbalancing, gymnastics, tumbling, and weightlifting carry risks that may include, and is not limited to, bumps, bruises, muscular cramps, sprains, dehydration, concussions, heat strokes, broken bones, dislocations, cardiovascular complications, and neck or spinal trauma that may result in paralysis or death. AGREEMENT By signing this agreement, I am giving up my rights and the rights of my spouse and/or child(ren) to sue Enso Movement, LLC for any injury, including paralysis or death, cause in whole or in part by the negligence or fault of Enso Movement, LLC, including any of its owners, affiliates, agents, employees, and equipment. I recognize the risks of injury that are common to any performing arts, fitness, or exercise program that I, my spouse, or my child(ren) may participate in. In consideration of belong allowed to participate in any or all of the services, programs, and activities, including, but not limited to, facility access, parkour space, gymnastics spring floor, foam pit activities, fitness classes, aerial training, and any other activities provided by Enso Movement, LLC and its owners, affiliates, agents, employees, independent contractors, insurers, property managers, and any and all other persons acting in any capacity on its behalf, I, on behalf of myself, and/or on behalf of my spouse, minor child(ren), hereby agree to forever release, indemnify, and discharge Enso Movement, LLC on behalf of myself, my spouse, legal partner, my children, my parents, my guardians, heirs, assigns, personal representatives, and estate. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren), agrees and represents that immediately upon entering or participating that I will inspect and carefully consider Enso Movement, LLC premises, facilities, and equipment. It is further warranted that such entry, observation, and/or use of any premises, facilities, and/or equipment have been inspected and carefully considered and that the undersigned finds and accepts same for myself, and/or on behalf of my spouse, minor child(ren) as being safe and reasonably suited for the purpose of such services, programs, and activities. Assumption of Risk: The undersigned, for myself, and/or on behalf of my spouse, minor child(ren), recognizes and understands that I must always be responsible for my own well-being and the well-being of the group of which the undersigned, for myself, and/or on behalf of my spouse, minor child(ren), is a participant is a part of. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren), shares with the other participants the concerns and responsibilities of safety and agrees to follow safe procedures to avoid unnecessary, hazardous situations whether or not those situations have been specified. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren), accepts the responsibility for the outcome of the situations resulting when the actions are beyond the generally accepted practice of safety in the activity of parkour, freerunning, tricking, tumbling, acrobatics, aerials, calisthenics, fitness training, handbalancing, and any other activities. Indemnification: I understand that the known, unknown, and any risks may be caused in whole or in part by my or my spouse or minor child(ren)s’ own actions or inactions, the actions or inactions of others participating in activities, or the acts, actions, or inactions of any type of negligence of Enso Movement LLC, and in consideration of being allowed, along with my spouse and/or my minor child(ren) to enter into and onto Enso movement LLC’s facilities for observation or use of any premises, facilities, and/or equipment or participation in activities in or about the premises and/or while using any items purchased in or about the premises and agree to indemnify and hold harmless Enso Movement LLC from and against any and all losses, liabilities, claimbs, obligations, costs, damages, and/or expenses whatsoever paid, incurred, and/or suffered by Enso Movement, LLC as a result of any claims asserted by myself, my spouse and/or my minor child(ren) against Enso Movement, LLC including, but not limited to, any and all attorneys’ fees, costs, damages, and/or judgments incurs in the event of such loss whether caused by the negligence of Enso Movement, LLC and that on behalf of myself, my spouse, and/or my minor child(ren). I further agree to indemnify and hold harmless Enso Movement, LLC for any injury, damage, and/or hold myself, my spouse, and/or my minor child(ren) cause to Enso Movement, LLC or its premises, facilities, and/or equipment, and/or to any and all other persons and entities acting in any capacity on behalf of Enso Movement, LLC. Liability for Property: I, on behalf of myself and/or my spouse or minor child(ren) agree Enso Movement, LLC is not liable to the undersigned, me, and/or my spouse or minor child(ren) for any personal property that is damaged, lost, or stolen whale on or about the Enso Movement, LLC premises and/or facilities, including, but not limited to, a vehicle or its content or any property in a locker and/or cubby or otherwise, whether or not Enso Movement, LLC was negligent. Photo Release: The undersigned, for myself, and/or on behalf of my spouse, minor child(ren), hereby grant Enso Movement, LLC the irrevocable right and permission to photograph and/or record me, my spouse, minor child(ren) in connection with Enso Movement and to use the photograph and/or recording for all purposes including advertising and promotional purposes without restriction as to alteration. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren), waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted by this release are without compensation of any kind. Precautions: The undersigned, for myself, and/or on behalf of my spouse, minor child(ren) is responsible for discussing with Enso Movement and staff any known physical or medical problems that may limit their participation in exercise and activities. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren) is expected to wear the proper attire for physical activity. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren) is responsible for the proper conditioning as a prerequisite for participation. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren) is responsible for all financial obligations incurred in any treatment necessitated by any injury. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren) is encouraged to carry some form of health insurance. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren) authorizes Enso Movement and staff to apply first aid and to seek medical care in any emergency situation. Attorney's Fees: I, the undersigned, promise to indemnify Enso Movement for any attorneys' or court fees incurred to enforce this agreement including any and all costs associated with any collection efforts. Terms of Agreement: By entering Enso Movement and participating, I, the undersigned, for myself, and/or on behalf of my spouse, minor child(ren) understand that this agreement extends forever into the future and will have full force and legal effort each and every time that I, the undersigned, for myself, and/or on behalf of my spouse, minor child(ren) visits Enso Movement and that I have assumed all risk of damage, loss, personal injury, or death to myself, my spouse and/or my child(ren) and agree to indemnify and hold harmless Enso Movement, LLC from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses pad, incurred, and/or suffered by Enso Movement, LLC as a result of participation in activities in or about the facility by myself,and/or on behalf of my spouse, minor child(ren). I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein. Dated: April 20, 2024 |
