ACKNOWLEDGEMENT OF RISK AND AGREEMENT NOT TO SUE
THIS IS A CONTRACT!*************PLEASE READ
In consideration of the opportunity to participate in rides, classes, and other activities conducted from time to time by STEEL WHEELS, LLC, YOU (hereinafter, “Rider”), agree as follows:
a. Medical Recommendations. Rider should consult with his or her physician or have a physical examination before using any of Steel Wheels’ facilities or enrolling in any of Steel Wheels’ classes, especially if Rider is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to physical exertion or has other physical limitations.
b. Rider Conduct. Rider shall not use any Steel Wheels facility, service or equipment in such a way as to endanger the health or safety of Rider or others. Rider shall be responsible for any property damage or personal injury caused by Rider or his or her guests. Rider agrees not to violate any laws while in a Steel Wheels.
c. Activity Risk. Any strenuous athletic or physical activity involves certain risks. Rider and his or her guests assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of Steel Wheels facilities. Steel Wheels cannot guarantee that any facility or equipment is free of risk. Rider agrees to use care in the use of Steel Wheels facilities, equipment and services and to protect against accidents by other Riders.
d. Medical Disclaimer. Rider has been informed and acknowledges that the Steel Wheels makes no claims as to medical or fitness results that can or may be obtained through use of Steel Wheels’ facilities, equipment or services. Steel Wheels has neither suggested nor will suggest any medical treatment to Rider. Only licensed medical professionals are qualified to give medical advice.
e. Rider’s Health Warranty. Rider represents that: (i) there are no medical or physical conditions that would preclude his or her use of Steel Wheels’ facilities; (ii) he or she has not been instructed by any physician not to use Steel Wheels; and (iii) he or she is in good health and has no disability, impairment, injury, disease or ailment preventing him or her from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise.
f. I agree and understand that indoor cycling is a purely, voluntary, fitness activity and that if I am not willing to acknowledge the risk and agree not to sue, I should not go participate in cycling at Steel Wheels.
f.. IN CONSIDERATION OF THE ABOVE AND OF BEING ALLOWED TO PA[R]TICIPATE IN THE SPORT OF INDOOR CYCLING, I AGREE THAT I WILL NOT SUE AND WILL RELEASE FROM ANY AND ALL LIABILITY, STEEL WHEELS, LLC., THEIR OWNERS, OPERATIONS, LESSORS, LESSEES, OFFICERS, AGENTS, AND EMPLOYEES IF I OR ANY MEMBER OF MY FAMILY IS INJURED WHILE USING ANY OF THE STEEL WHEELS FACILITIES OR WHILE BEING PRESENT AT THE FACILITIES, EVEN IF I CONTEND THAT SUCH INJURIES ARE THE RESULT OF NEGLIGENCE ON THE PART OF STEEL WHEELS AND ITS EMPLOYEES.
g. I further agree that I WILL INDEMNIFY AND HOLD HARMLESS STEEL WHEELS, LLC. THEIR OWNERS, OPERATORS, LESSORS, LESSEES, OFFICERS, AGENTS, AND EMPLOYEES from any loss, liability, damages or cost of any kind that it may incur as the result of any injury to myself or to any member of my family or to any person for whom I am explaining that meaning of this agreement, EVEN IF IT IS CONTENDED THAT ANY SUCH INJURY WAS CAUSED BY THE NEGLIGENCE ON THE PART OF STEEL WHEELS.
h. Costs of Collection. Rider agrees to pay all costs plus reasonable attorney’s and collection fees in connection with Steel Wheels’ (or Steel Wheels’ designee’s) collection of any amounts owed by Rider.
i. Loss of Property. Rider is urged not to bring valuables onto Steel Wheels premises and to keep valuables with him or her at all times. Steel Wheels shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, negotiable securities and jewelry).
By checking the box Rider acknowledges that he/she is over 18 years of age.