I enter into this release and waiver of liability in connection with being on site at any Fitometry, LLC (“Fitometry”) health club, event, class, or location and/or with my participation in any digital/virtual offering by Fitometry. I agree to the following:

I agree that this release and waiver of liability applies with regard to any digital, virtual, livestreaming, or on-demand event, class, training or from my being on the premises of any facility or area operated by Fitometry for any purposes. This release applies to Fitometry’s class offerings, group fitness, recovery or wellness offerings, training sessions, workshops, or any other fitness/wellness activity at Fitometry health club or offered by Fitometry online (collectively, the “Activities” or “Activity”). This release and waiver equally applies to my entering or exiting any facility operated by Fitometry and whether my participation in the Activities occurs at a Fitometry facility, another location (in-person), or at a virtual event, class, or training.

I assume all risks associated with me being on, entering, or exiting a Fitometry premises and with participating in any Fitometry Activity. Those risks include but are not limited to injuries from slipping or tripping; falling; from alleged negligent training, instruction, cleaning, hiring, and/or building/facility maintenance; from participating in any social event provided on-site, from equipment (including but not limited to the sudden, unforeseen malfunctioning of any equipment), the building’s structure, other individuals on-site, from any interaction with a Fitometry staff member or instructor; from an allergic or chemical reaction to any agent and/or cleaner on-site; or from the contraction of any illness, disease, condition, or infection. I acknowledge that these injuries could be mental, emotional, or physical and that they could be minor or significant (and could include death).

I understand that the Activities may involve the use of weights or other equipment. I represent and warrant that I am physically fit and have no medical condition or medical history which would prevent my full participation in the Activities. It is my responsibility to consult with a physician prior to and regarding my participation in Fitometry’s Activities. I am fully aware of the risks and hazards involved whether I take/participate in the events/classes in person or digitally.

I understand that it is my responsibility to consult a physician regarding my participation in physical conditioning, fitness training activities, workshops, classes or any exercise or nutrition programs in any way associated with Fitometry. If I am suffering from any medical condition, it is my responsibility to inform a Fitometry instructor or staff member before participating in any class or event. 

I agree not to hold Fitometry Health Club or associates in any way responsible for any injury, illness, allergic reaction, or lack of results from fitness classes, Activities, or diet/nutrition recommendations offered by Fitometry instructors, staff, representatives, or third-parties affiliated with Fitometry whether or not the advice is provided at a Fitometry facility.

I understand that the Activities involve touch for the purpose of adjusting posture and that I may decline that teaching/coaching technique at any time. I understand that neither Fitometry, Fitometry executives and employees, nor Fitometry building’s landlord or owner is responsible for any loss of personal property.

I further understand that by participating in in-person or digital training or other Activities with Fitometry that I am consenting to be depicted in photographs and video taken as part of routine surveillance and/or taken for marketing purposes.

I understand that, except to request a monetary refund, I have no claim against Fitometry, Fitometry executives and employees, any Fitometry building’s landlord, or the building’s owner by reason of their refusal to allow me to participate in any class or event at this location.

In consideration of my participation in Fitometry’s Activities and/or use of the Fitometry facilities, I understand and voluntarily accept these risks and agree to not hold Fitometry, Fitometry executives and employees, its landlord, or its building’s owner liable for any injury or claim which arises from my participation in such classes, Activities, events, the use of these facilities or from any risk or situation described in this document whether related to exercise or not.

Accordingly, I do hereby forever release and discharge Fitometry, its building’s landlord and owner, all Fitometry members, executives, employees, successors and/or agents from any and all claims or causes of action to the fullest extent allowable by law.

In further consideration of electing to participate in these Activities and for being on these premises, I knowingly, voluntarily, and expressly waive any claim I may have against Fitometry, its instructors/trainers, this building’s landlord and owner, all Fitometry members, Fitometry executives and employees, Fitometry executives, employees, successors and/or agents for injury or damages that I may sustain from being on these premises including those claims in which negligence is alleged.

The validity, enforcement, construction, and interpretation of this agreement shall be governed by New Jersey law. Any action or proceeding arising in connection with this agreement and/or with the undersigned’s participation in any class or event with Fitometry or from being on its premises or against Fitometry in any respect, can only be brought in New Jersey. All parties to this agreement waive any objection to the jurisdiction of these courts whether based on convenience or otherwise.

If any clause in this agreement is considered invalid, it shall be regarded as stricken while the remainder of this agreement shall continue in full effect.

If any portion of this release shall be deemed by a court of competent jurisdiction to be invalid for any reason, the remainder of the release shall remain in full force and effect. By signing this release, I acknowledge that I understand its contents and that this release cannot be orally modified. I voluntarily agree to the terms and conditions stated above.