Express Assumption of Risk.  I acknowledge that my attendance at or use of Bob’s Gym and Fitness Center, LLC (the “Club”) or participation in any of the Club’s activities or programs, including without limitation my use of the Club’s equipment and facilities, could cause injury to me.  As a material consideration for the Club to permit me to use the Club and its facilities, I hereby assume all risks of personal injury, death, property loss or other damages which may result from or arise out of attendance at or use of the Club or participation in any of the Club’s programs or activities.  The foregoing risks shall include, but not be limited to, risks associated with:  aerobics, fitness equipment, weight lifting, team and individual sports, exercise, online and virtual exercise instruction, the locker rooms, saunas, swimming pools, steam baths, whirlpools, sun-tanning, dining, massage, spa, nursery, adventure sports, parking, environmental, theft, contagion and use of the Club’s equipment, HydroMassages, facilities, or health and fitness advisory services.  I understand that the foregoing waiver of liability shall apply to any and all claims against the Club, Key West Properties, LLC, their respective owners, members, managers, officers, employees, agents, contactors, staff, volunteers or affiliates (collectively, the “Club Affiliates”) for any personal injuries, property loss or other damages or losses connected to or arising out of any of the aforesaid risks.

I represent to the Club that I am physically fit to perform those activities which I may undertake at the Club and that I am solely responsible for all health risks associated with such activities.  I understand that any evaluation or assessment of my physical fitness and any recommendation of activities made by the Club shall not be a substitute for obtaining such evaluation, assessment or recommendation from my physician before undertaking a physical exercise program or engaging in any of the activities at the Club.  I understand that the Club recommends that I be examined by my physician and that I consult with my physician regularly during the time that I am engaging in activities at the Club.  I acknowledge that the Club and the Club Affiliates are not licensed medical practitioners, and that their advice is therefore limited in scope and is not a substitute for medical supervision and advice.

HydroMassage Consent Waiver.  Anyone suffering from one or more of the following conditions should get physician approval prior to use:   Heart or circulatory problems; inflammatory conditions such as phlebitis; varicose veins or thrombosis; swollen joints; acute inflammations; severe bruising; skin infections; contagious diseases; a high temperature; pain radiating to the arms or legs when the back is massaged; any other conditions in which heat or massage would be harmful.    After Treatment:  Some users report sensations of dizziness or lightheadedness following their HydroMassage treatment.  Please use caution after use of HydroMassage equipment.   Treatment Consent:  I acknowledge that I have read the above contraindications, and that my use of the HydroMassage equipment is completely voluntary.  I told the Club and the Club Affiliates completely harmless for any injury resulting from the use of the HydroMassage equipment.

Release of Liability.  I hereby on behalf of myself and my heirs, executors, administrators and assigns, fully and forever release and discharge the Club and Club Affiliates, and each of them, from any and all claims, damages, demands, rights of action or causes of action, present or future, known or unknown, anticipated or unanticipated, resulting from or arising out of my attendance at or use of the Club or my participation in any of the Club’s activities or programs, including those which arise out of the negligence of the Club and/or the Club Affiliates.  Further, I hereby release and discharge the Club and the Club Affiliates from any and all liability for any loss, or theft of, or damage to personal property, including without limitation automobiles and the contents of lockers.

Indemnification:  I recognize that there is risk involved in the types of activities offered by the Club.  Therefore, I accept financial responsibility for any injury I may cause to myself or to any other participant due to my negligence.  I agree to indemnify and hold harmless (in other words, reimburse and be responsible for) the Club and the Club Affiliates from all claims for any liability, injury, loss or damage in any way connected with or arising out of my attendance at or use of the Club or my participation in any of the Club’s activities or programs, whether or not caused in in whole or in party by the negligence or other misconduct of any parties identified herein.  Should the Club or anyone acting on their behalf, be required to incur attorneys’ fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

Photography/Video Release.    I hereby consent to the use of my image in photographs, videos or recordings, without compensation, taken on behalf of the Club for use in advertising, marketing or promotion, including but not limited to brochures, informational videos, commercials, newsletters, website/Internet postings, social media and advertisements.

I VERIFY THAT I AM EITHER THE PERSON LISTED ABOVE OR THE RESPONSIBLE PARENT OR GUARDIAN OF THE MINOR LISTED ABOVE.  I HAVE READ AND UNDERSTAND THIS WAIVER AND RELEASE AGREEMENT.  I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT.  I AM SIGNING THIS WAIVER AND RELEASE VOLUNTARILY ON BEHALF OF MYSELF AND ON BEHALF OF THE MINOR PARTICIPANT.  I INTEND THAT THIS WAIVER AND RELEASE SHALL BE CONSTRUED BROADLY TO PROVIDE A RELEASE AND WAIVER TO THE MAXIMUM EXTENT POSSIBLE UNDER INDIANA LAW.