Terms & Conditions
Terms & Conditions
FORTITUDE STRENGTH:
READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
This Liability Waiver and Release of Claims (“Waiver”) is executed on the date below by the undersigned participant (or, if the participant is under 18 years of age, by their parent or legal guardian) in favor of Fortitude Strength, its owners, officers, employees, coaches, trainers, agents, representatives, volunteers, affiliates, successors, and assigns (collectively, “Fortitude Strength”).
1. ASSUMPTION OF RISK
I understand that participation in any fitness, strength training, conditioning, or athletic activity at Fortitude Strength or under the supervision of a Fortitude Strength performance coach involves inherent risks, including but not limited to, muscle strains, sprains, broken bones, heart conditions, concussions, paralysis, or even death. I voluntarily choose to participate in these activities and assume all risks, known and unknown, associated with my participation. I acknowledge that these risks exist regardless of the level of supervision provided by Fortitude Strength staff.
I further acknowledge that these risks begin the moment I enter the Fortitude Strength facility and/or any property used for training, whether for personal training, group training, competitions, or any other athletic or recreational activities. I assume full responsibility for my own safety and well-being while on the premises or under the supervision of Fortitude Strength personnel.
2. WAIVER AND RELEASE OF LIABILITY
To the fullest extent permitted by law, I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby waive, release, and forever discharge Fortitude Strength from any and all claims, liabilities, damages, or causes of action that may arise from my participation in any activities at the facility or under the supervision of Fortitude Strength personnel, including but not limited to claims for personal injury, property damage, or wrongful death, even if caused by the negligence of Fortitude Strength or its representatives.
3. MEDICAL TREATMENT AND INSURANCE
I acknowledge that Fortitude Strength does not provide medical services or insurance coverage for injuries sustained while participating in activities. I understand that I am solely responsible for obtaining my own medical insurance and covering any medical costs incurred as a result of my participation. In the event of a medical emergency, I authorize Fortitude Strength personnel to seek emergency medical treatment on my behalf if I am unable to do so and agree to bear all costs associated with such treatment.
4. INDEMNIFICATION
I agree to indemnify, defend, and hold harmless Fortitude Strength from any claims, damages, or costs (including attorneys’ fees) that may arise due to my participation in activities at the facility or under the supervision of Fortitude Strength personnel. This includes any claims arising from my own actions or
the actions of third parties.
5. PHOTO & VIDEO RELEASE
I grant Fortitude Strength permission to take and use photographs, videos, or other media of me during training sessions, events, or competitions for promotional and marketing purposes. I understand that I will not receive compensation for the use of such media. If I wish to opt out, I will notify Fortitude Strength in writing.
6. PARENT/GUARDIAN CONSENT (For Participants Under 18)
If the participant is under the age of 18, this Waiver must be signed by a parent or legal guardian. By signing below, I, as the parent or legal guardian, acknowledge that I have read and understood this Waiver and agree to its terms on behalf of my minor child. I further agree to assume all risks associated with my child’s participation and release Fortitude Strength from any claims related to my child’s participation.
7. SEVERABILITY & GOVERNING LAW
If any portion of this Waiver is found to be unenforceable, the remaining provisions shall continue in full force and effect. This Waiver shall be governed by and construed in accordance with the laws of New York, and any legal action related to this Agreement shall be brought in the appropriate courts of New
York.
8. ACKNOWLEDGMENT OF UNDERSTANDING
I HAVE READ THIS WAIVER, FULLY UNDERSTAND ITS TERMS, AND SIGN IT VOLUNTARILY. I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FORTITUDE STRENGTH FOR INJURIES OR DAMAGES RESULTING FROM MY PARTICIPATION.