WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participating at Black Hills Barbell LLC(hereinafter the “Activity”); and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor,” “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge BLACK HILLS BARBELL, located at 23855 Hwy 385, Hill City, South Dakota 57745, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING
PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Black Hills Barbell to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the Black Hills Barbell official or agent, regarding my approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Black Hills Barbell AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY
AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Black Hills Barbell FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Black Hills Barbell, its agents, and employees.
I agree that this Release shall be governed for all purposes by South Dakota law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s or my agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
I agree that I will be the only one using my membership pass, I will not let anyone access the building using my pass that is not a member. I agree if this happens my membership will be terminated, and I will be responsible for the remaining balance left on my membership.
The monthly membership will be billed monthly to the account that you provided. If you have a minimum monthly term you will be billed for a minimum of the indicated number of months, after that you will be charged on a month to month basis at the monthly rate until you cancel in accordance with this agreement.
Your monthly membership fee is guaranteed as long as you remain a member and keep in good standing all monthly dues.
To cancel your membership or stop automatic payments you must contact the payment processing center (Paypal) . Membership: My membership is a contract that will continue until I cancel it by ; (1) Cancelling club membership online (2) Returning your key fob or mailing it to Black Hills Barbell.
PLEASE READ BELOW PAYMENT AUTHORIZATION CAREFULLY
You are authorizing us to debit/charge all amounts you may owe us and to make automatically monthly recurring debit/charges from any form of payment you have provided for us until you revoke your authorization of that form of payment.
I request that my applicable club fees be deducted from the above account (via PayPal) by using electronic funds transfer. This includes any overage sessions, which will be charged at my program rate for each session. This also includes the annual fee, retail and online purchases, service fees for uncollectible monthly dues, applicable taxes, charges and other unpaid fees or dues including past unpaid dues and fees, this authorization for automatic debit remains in effect until I cancel or transfer my membership in writing and return my membership card in conformance with the terms and conditions on the reverse side. I confirm that I am authorized under the terms of the applicable agreement with my financial institution to use the accounts designated for the purchase of goods and services from Black Hills Barbell and agree to comply with my financial institutions agreement at all times this authorization is in effect.
Black Hills Barbell strives to provide a safe and comfortable environment for all members. Clothing that may be perceived as intimidating, revealing or offensive, as well as clothing that may present a safety hazard or damage the equipment is not allowed.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, and Black Hills Barbell agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
In the event of an emergency, please contact the following person(s) in the order presented:
I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.
Co-Signer Authorization & Waiver
Parent/ Guardian: Black Hills Barbell LLC does not accept individual members under the age of 16. In exchange for Black Hills Barbell LLC allowing my minor child 16 years or older to purchase a membership (unless they are working with a trainer/coach or under the supervision in the gym by their parents. Please contact Black Hills Barbell if you are in a circumstance that you are questionable with regarding your minor) , I agree to the release of liability and assumption of risk clauses in this agreement and I agree to defend and indemnify Black Hills Barbell LLC to the fullest extent permitted by the law for any claim brought by minor child against Black Hills Barbell LLC. I also promise to pay any financial obligation that my minor child does not pay for any reason and acknowledge that the banking information above is my account.
Financial Cosigner: I promise to pay any financial obligation that the member does not pay for any reason and acknowledge that the banking information above is my account. I also agree to defend and indemnify Black Hills Barbell LLC to the fullest extent permitted by the law for any claim brought against Black Hills Barbell LLC by the member.
PARENT / GUARDIAN WAIVER FOR MINORS
In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent or guardian, as follows:
I HEREBY CERTIFY that I am the parent or guardian of the enrolling member, and do hereby give my consent without reservation to the foregoing on behalf of this individual.