Waiver

WAIVER AND RELEASE

Threshold Fitness, Inc.

I intend to use some or all of the activities, facilities, programs and services offered at or by Threshold Fitness, Inc. (“Threshold”). In consideration of being allowed such use, I do herby waive, release and forever discharge Threshold, and its members, officers, employees, agents, representatives and all others acting on their behalf from any and all claims or causes of action (known or unknown) for any and all injury, illness, damage or loss that may occur to me or my property as a result of my participation in any aspect of the classes, activities, facilities, programs and services offered at or by Threshold, including, but not limited to, my use of equipment or machinery in connection with the classes, activities, facilities, programs and services offered at or by Threshold.

I understand that each person (myself included) has a different capacity for participating in such classes, activities, facilities, programs and services. I am aware that classes, activities, facilities, services and programs offered are self-directed in nature. I agree that my participation in any and all classes activities, facilities, programs and services and programs provided at Threshold is at my own risk and that I assume any and all risk of injury, illness, damage or loss that might result. I also agree to assume all risk of damage, loss or theft to or of any of my personal property. 

I declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in any of the classes, activities, facilities, programs and services offered at or by Threshold. I acknowledge that I have either had a physical examination and have been given a physician’s permission to participate in these classes, activities, facilities, programs and services, or that I have decided to participate in theses classes, activities, facilities, programs and services without the approval of my physician. I do herby assume all responsibility for my participation in the classes, activities, facilities, programs and services offered at or by Threshold and for my utilization of any and all equipment and machinery in connection with these classes, activities, facilities, programs and services.

I understand that the classes, activities, facilities, programs and services offered by Threshold may sometimes be conducted by persons who may not be knowledgable, licenses, certified or registered instructors or professionals. I accept the fact that the skills and competencies of some Threshold employees, agents, representatives or volunteers will vary according to their training and experience and that no claim is made to offer assessment or treatment of any mental or physical disease or condition by those who are certified or registered and employed to provide such professional services.

THIS WAIVER AND RELEASE IS INTENDED TO AND DOES RELEASE THRESHOLD INC. FROM ANY AND ALL LIABILITY FOR DAMAGES OR INJURIES ON ACCOUNT OF OR IN ANY WAY RELATED TO OR GROWING OUT OF MY NEGLIGENCE, THE NEGLIGENCE OF THIRD PARTIES, AND THRESHOLD’S NEGLIGENCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE IN THE CONSTRUCTION, MAINTENANCE AND UPKEEP OF ITS BUSINESS LOCATION AND ITS EQUIPMENT, NEGLIGENCE IN TRAINING, NEGLIGENCE IN SUPERVISION. THIS IS NOT INTENDED TO RELEASE THRESHOLD FROM ANY LIABILITY RESULTING FROM THEIR INTENTIONAL CONDUCT.

I agree that in the event of any inconsistency between this Waiver and Release and my membership agreement or any other agreement with Threshold Inc, this Waiver and Release shall control.