Release of Liability Waiver

In exchange for participation in the activity of indoor cycling classes organized by Thrive Cycle LLC, of 7901 4th St N STE 300, Saint Petersburg, Florida, 33702 and/or use of the property, facilities, and services of Thrive Cycle LLC, I, _________________, of _________________, _________________, _________________ _________________, agree for myself and (if applicable) for the members of my family, to the following:

 

1. Agreement To Follow Directions. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Thrive Cycle LLC, or the employees, representatives, or agents of Thrive Cycle LLC.

 

2. Assumption of the Risks and Release. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Thrive Cycle LLC for injury, loss, or damage arising out of my or my family's use of or presence upon the facilities of Thrive Cycle LLC, whether caused by the fault of myself, my family, Thrive Cycle LLC or other third parties.

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You hereby represent that you are physically fit, physically sound and have the necessary current medical approval to utilize THRIVE CYCLE’s studios for purposes of exercise, and to participate in any of the exercise classes or programs available at THRIVE CYCLE. THRIVE CYCLE is relying on this representation, and you understand that THRIVE CYCLE does not and will not investigate or certify your health or fitness to use the facilities.

 

You further represent that you understand that THRIVE CYCLE’s classes entail extensive physical activity conducted in a room at temperatures ranging from 50 degrees to 90 degrees Fahrenheit. You explicitly agree and understand that all classes involve intensive physical activity and exertion by you. You explicitly agree and understand that such physical activity and exertion may be difficult and strenuous and may cause or aggravate a physical injury or medical condition.

 

You further acknowledge that indoor cycling classes are high-energy and often feature music at a relatively high-volume level. By accepting these Terms, you acknowledge the potential presence of high-volume levels. We provide complimentary earplugs at the front desk for all clients.

 

By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of THRIVE CYCLE, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in indoor cycling and exercise equipment in association with the Classes and use of the Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.

 

If in the subjective opinion of the THRIVE CYCLE staff, you would be at physical risk using THRIVE CYCLE’s Classes and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish THRIVE CYCLE with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing THRIVE CYCLE’s concerns and stating that THRIVE CYCLE’s concerns are unfounded.

In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, whether sustained while using exercise equipment or not, (2) Represent that you (a) have no medical or physical condition that would prevent you from properly using any of THRIVE CYCLE’s Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using THRIVE CYCLE’s Classes and Facilities and should not be participating in any Classes.

 

3. Indemnification. I agree to indemnify and defend Thrive Cycle LLC against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Thrive Cycle LLC.

 

4. Fees. I agree to pay for all damages to the facilities of Thrive Cycle LLC caused by any negligent, reckless, or willful actions by me or my family.

 

5. Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under Florida law.

 

6. No Duress. I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that Thrive Cycle LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this agreement.

 

7. Arm's Length Agreement. This agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

 

8. Enforceability. The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be. Such invalid or unenforceable provision shall be deemed not to be a part of this agreement.

 

9. Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations among the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure:

 

Any controversies or disputes arising out of or relating to this agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

 

10. Emergency Contact. In case of an emergency, please call _________________ (Relationship: _________________) at _________________ (Day), or _________________ (Evening).

 

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.