ASSUMPTION OF RISKS, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS DOCUMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
In consideration of the services of RUF LLC., its members, shareholders, partners, officers, directors, employees, guides, agents, assigns, volunteers, and any persons acting in any capacity on its behalf (hereafter collectively referred to as “RUF”), I, the above-identified participant, desire to use services, equipment, and facilities, at any RUF location, or any off-site locations which are provided by, sponsored by, or involving RUF or Train RUF, I hereby agree to be bound by the terms of this Assumption of Risks, Release of Liability, and Indemnification Agreement (this “Release”).
DESCRIPTION OF RISKS AND ACKNOWLEDGMENTS: I, and, if applicable, the undersigned parent or legal guardian, understand and acknowledge that there are inherent and other risks of indoor or outdoor fitness and related activities. The “inherent risks” are those that are normal or natural to that activity and cannot be eliminated. In consideration for being allowed to use services, equipment, facilities, and to participate in any related activities at any RUF facility or any off-site locations:
1. I acknowledge that some of the inherent and other risks of exercise, including but not limited to risks associated with the use of exercise equipment or participation in group exercise classes, cycling, yoga, gymnastics equipment, weight lifting, and other sporting, recreational or educational activities. A complete listing of inherent and other risks is not possible and there are risks that cannot be anticipated.
2. I understand that gear and equipment could become damaged or defective. I confirm that I am capable of examining and assessing the gear and equipment that I use and that I am solely responsible for inspecting and assessing the quantity and quality of my own gear.
3. I am satisfied with the information I have received from RUF and have had the opportunity to ask any questions that I wished and received thorough answers to my questions. I understand that I share the responsibility for safety during all activities including, but not limited to, indoor or outdoor fitness and exercise-related activities, and I assume that responsibility.
4. I certify that I have no medical, physical or other conditions, and I have had the opportunity to consult a physician, that could interfere with my ability to exercise. I confirm that I am physically and mentally capable of participating in all activities. I understand that if my mental or physical condition changes after the execution of this Release such that I am not capable of participating in the activity or using the equipment, I am obligated to cease participation in the activities immediately.
5. I certify that I have no medical, physical or other conditions, and I have had the opportunity to consult a physician, which could interfere with my ability to follow the recommended nutrition plan. I confirm that I am physically and mentally capable of taking nutritional guidance. I understand that if my mental or physical condition changes after the execution of this Release such that I am not capable of participating in the nutrition plan, I am obligated to cease participation in the activities immediately.
6. I acknowledge that I will read and will abide by RUF’s rules and regulations as well as other rules that may be posted at all RUF locations, or any off-site locations.
ASSUMPTION OF RISKS: I EXPRESSLY ASSUME ALL KNOWN AND UNKNOWN INHERENT AND OTHER RISKS ASSOCIATED WITH MY USE OF RUF TRAINING OR NUTRITION PROGRAMS, RUF PRODUCTS, OR ACTIVITIES AT ANY RUF LOCATIONS, OR ANY OFF-SITE LOCATIONS, INCLUDING THE RISKS OF INJURY, PARALYSIS, OR DEATH. My participation in any activities is voluntary and I elect to do so in spite of the risks.
RELEASE OF LIABILITY: I hereby agree to waive, release, and forever discharge RUF, LLC, and any of their respective members, shareholders, partners, officers, directors, employees, guides, agents, volunteers, representatives, assigns, sponsors, independent contractors, equipment manufacturers, and suppliers (collectively the “Released Parties”), from and against any and all damages, claims, causes of action (including ordinary negligence), and liabilities, whether known or unknown, anticipated, suspected or unsuspected, whether resulting from negligence, breach of warranty, or otherwise, of every nature associated with or in conjunction with any RUF or Train RUF program, product, or activity.
INDEMNIFICATION:
I agree to indemnify, defend and hold harmless the Released Parties from any loss, liability, damages, expense, or costs, including attorney’s fees, incurred as a result of my participation in any activities at any RUF or Train RUF program, product, or activity.
LAW, VENUE, AND WAIVER OF JURY TRIAL: The laws of the State of Colorado, without reference to Colorado’s conflict of laws principles, govern this Release as well as all matters arising out of or relating to it, including without limitation claims as to its validity, interpretation, construction, performance, and all claims sounding in tort. Any civil action or proceeding arising out of or related to this Release shall be brought solely in the District Court of Boulder County, Colorado, and I irrevocably consent to the personal jurisdiction of this court and waive any rights to alter or change the venue, including by removal.
TERMS OF SERVICE:
I understand that if I purchase:
For any RUF Membership, you may cancel at any time my emailing support@trainruf.com but there are no refunds available for any reason once payments are processed.
I HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY, AND UNCONDITIONALLY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION OR DISPUTE (WHETHER BASED UPON CONTRACT, TORT, OR OTHERWISE) INVOLVING ANY RELEASED PARTIES OR ARISING OUT OF OR IN ANY WAY RELATED TO THIS RELEASE.
I authorize RUF, LLC to use any photograph or video uploaded or taken of me in the app or all RUF locations, or any off-site locations for marketing or other promotional purposes.
We may, at any time, and at our sole discretion, modify these Terms and Conditions of Use, including our Privacy Policy, with or without notice to the User. Any such modification will be effective immediately upon public posting. Your continued use of our Service and this Site following any such modification constitutes your acceptance of these modified Terms.
I HAVE CAREFULLY READ THIS RELEASE; I FULLY UNDERSTAND ITS CONTENTS AND IMPLICATIONS AND KNOWINGLY RELEASE LIABILITY AS PROVIDED.
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