TERMS & CONDITIONS
The “Participant” has chosen to participate in personal and group training activities conducted by Breakbuild Athletics Inc. as well as certain of their employees, (together, the “Trainers”) at Breakbuild Athletics Inc located at 394 McGuinness Blvd. as well as any outdoor facilities that may be used. In consideration for being permitted to enter Breakbuild Athletics Inc. for any purpose, including but not limited to observation, use of the facilities or equipment, or participation in any way in any personal or group training activities conducted at Breakbuild Athletics Inc. (collectively, the “Activity”), the undersigned on behalf of the Participant hereby acknowledges, agrees and represents that he, she, they, or them has, or immediately upon entering Breakbuild Athletics Inc. will, inspect such premises and facilities. It is further warranted that such premises and all facilities and equipment thereon have been inspected and that the undersigned on behalf of the Participant finds and accepts same as being safe and reasonably suited for the purpose of such observation or use.
In further consideration of being permitted to enter Breakbuild Athletics Inc. for any purpose including but not limited to observation, use of facilities or equipment, or personal or group training, the undersigned hereby acknowledges and agrees to the following on behalf of the Participant:
The undersigned expressly understands and acknowledges that participating in the Activity is potentially hazardous and presents risks to the Participant, inherent and otherwise, both serious and minor, that cannot be eliminated, including but in no way limited to paralysis, broken bones, heat-related injuries, head injuries, concussions, strokes, seizures, heart attacks or death, as well as potential damage to property. Some of the risks associated with the participation in the Activity include, but are in no way limited to, negligence of the Trainers, negligence of other individuals or entities responsible for maintaining the facilities in which the Activity is conducted (including any outdoor facilities that may be used in connection with the Activity), failure of any of equipment, improper use of any of equipment, known or unknown medical conditions, acts of others present in the areas where the Activity is conducted, or acts of others participating in the Activity. The undersigned is responsible for researching and evaluating the risks that the Participant may face and is responsible for the Participant’s actions. The undersigned further accepts full responsibility for all risks, both known and unknown, inherent or otherwise, related to the Participant’s participation in the Activity, and acknowledges that the Participant is voluntarily participating in the Activity even with the knowledge of these risks.
Acknowledging that such risks exist, the undersigned on behalf of the Participant hereby releases, waives, discharges and covenants not to sue each of the Trainers, and anyone associated with them and the Participant’s participation in the Activity (the “Released Parties”), from and against all claims, damages, injuries, losses, actions, suits, proceedings, expenses, and attorney’s fees that the Participant or anyone associated with the Participant (including but not limited to anyone the Participant invites to Breakbuild Athletics Inc., and his/her/they/them heirs, representatives or next of kin) (together, the “Releasors”) have or might have arising out of, involving or relating to the Activity or any of the Releasors’ entry into Breakbuild Athletics Inc., regardless of cause or fault, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
The undersigned further agrees to indemnify, hold harmless, and defend the Released Parties in any action or proceeding from and against all claims, damages, injuries, losses, actions, suits, proceedings, expenses, and attorney fees that the Participant or anyone on the Participant’s behalf (including but not limited to anyone the Participant invites to Breakbuild Athletics Inc., and his/her/they/them heirs, representatives or next of kin) have or might have arising out of, involving or relating to the Participant’s participation in the Activity or any of the Releasors’ entry into Breakbuild Athletics Inc., regardless of cause or fault. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties. The undersigned further recognizes, understands and agrees that the Trainers assume no responsibility for any liability, damage or injury that may be caused by Participant’s negligence or willful acts committed prior to, during or after participation in the Activity, or for any liability, damage or injury caused by the intentional or negligent acts or omissions of any other participant in the Activity, or caused by any other person. The undersigned further attests that the Participant is physically capable of participating in the Activity and has no known health restrictions that might jeopardize the Participant’s safety or health or the safety or health of others during their participation in the Activity. The undersigned further consents to the use by the Trainers or anyone employed by them of any photographs or video recordings depicting the Participant’s likeness taken in connection with the Activity for the purpose of promoting, advertising or describing the Activity or any business activities conducted at Breakbuild Athletics Inc. The undersigned further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. The undersigned further expressly agrees that this document is governed by the laws of the State of New York and that any cause of action relating to the interpretation or enforcement of this document shall be instituted and litigated in a court located in Kings County, New York.
The undersigned on behalf of the Participant acknowledges that she/he/they/them has read and fully understands this Release, Waiver and Indemnity Agreement and agrees to be bound by its terms. The undersigned understands that by signing this document, she/he is waiving certain legal rights of the Participant, including the right to sue the Released Parties. The undersigned further acknowledges that she/he is aware that serious catastrophic injuries and even death may result from participation in any athletic activity. The undersigned is signing this document on behalf of the Participant (which may be herself/himself) freely and willingly and further agrees that no oral representations, statements, or inducement apart from the foregoing written agreement has been made. The undersigned further agrees that this agreement shall be binding on him/herself, the Participant, and the Participants spouse, heirs, estate, executors, administrators and successors and assigns.
Cancellation Policy
The details of these training sessions can be used for a lifetime. In order to maximize progress, it will be necessary for you to follow program guidelines during supervised and (if applicable) unsupervised training days. Remember, exercise and healthy eating are equally important! During your training, every effort will be made to assure your safety. However, as with any training program, there are risks of serious injury. In volunteering for this program, you agree to assume responsibility for these risks and waive any possibility for personal damage. You also agree that, to your knowledge, you have no limiting physical conditions or disability that would preclude a training program. By signing below, you acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability. You agree to voluntarily give up any right that you may otherwise have to bring a legal action against Breakbuild Athletics Inc. for negligence, or any other personal injury or property damage or loss action.
Personal training sessions that are not rescheduled or canceled 24 hours in advance will result in forfeiture of the session and a loss of the financial investment at the rate of one session.
Clients arriving late will receive the remaining scheduled session time, unless other arrangements have been previously made with the trainer.