WAIVER AND RELEASE OF LIABILITY

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In consideration of being allowed to participate in any way in any exercise program, related event, or activity (including virtual and at-home exercise activities) (collectively, “Programs”) managed or sponsored by Ditte Wendt commonly known as “LA BARRA VALENCIA”, I, on my own behalf, acknowledge and agree that:

I am over the age of eighteen (18) years.

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I am aware that there are significant risks involved in all aspects of physical training, including the physical training involved in the Programs. I understand that the reaction of the heart, lungs and vascular system to exercise cannot always be predicted with accuracy. I understand that there is a risk of certain abnormal changes occurring during or following exercise which may include abnormalities of blood pressure or heart rate; chest, arm or leg discomfort; transient light-headedness or fainting; and in rare instances, heart attack, stroke or even death. I understand that the programs and classes offered by LA BARRA VALENCIA are of a nature and kind that are strenuous and can/may push me to the limits of my physical abilities.

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These risks also include, but are not limited to: illness or death from communicable diseases such as MRSA, influenza and COVID-19; falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, the coach, or other people around me; injury or death to improper use or failure of equipment; and injury or death due to the health risks associated with strenuous exercise.

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As of today’s date, and prior to my participation in any Program, I hereby certify that I have no medical problems (including illness or communicable disease) that would increase my risk of illness and injury as a result of participation in the Programs (as that term is defined above) or that would make my use of the Programs dangerous to me or any other participant. 

Informed Consent Waiver and Release

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On my own behalf, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS DISCUSSED ABOVE RELATING TO MY PARTICIPATION IN THE “PROGRAMS,” BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OR WILFUL MISCONDUCT OF LEGAL COMPANY NAME, OR ANY OTHER OPERATOR OF GYM NAME, THEIR MANAGERS, OWNERS, AGENTS, INDEPENDENT CONTRACTORS, EMPLOYEES AND/OR LANDLORDS (REFERRED TO AS “RELEASEES”), other than “gross negligence”, assume full responsibility for my participation in the Programs.

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I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY WAIVE, RELEASE, INDEMNIFY, AND HOLD HARMLESS THE RELEASEES FOR ALL CLAIMS, EVEN IF ARISING FROM THE NEGLIGENCE OR WILFUL MISCONDUCT OF, EXCEPT TO THE EXTENT CAUSED BY THE “GROSS NEGLIGENCE” (AS DETERMINED BY TEXAS LAW) OF THE RELEASEES, ARISING FROM OR DURING MY PARTICIPATION IN ANY PAST OR FUTURE FITNESS ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THE “PROGRAMS,” ASSOCIATED WITH THE GYM OF SOCIAL MECHANICS AND WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER ARISING FROM THE NEGLIGENCE OR WILFULL MISCONDUCT OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.