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HOW DID YOU HEAR ABOUT ReCYCLE ROOM?

 

 

 

ASSUMPTION OF RISK WAIVER AND RELEASE

 

BY SIGNING UP FOR AND/OR ATTENDING CLASSES, EVENTS, ACTIVITIES, AND OTHER  PROGRAMS AND USING THE PREMISES, FACILITIES AND EQUIPMENT, OR ANY OTHER LOCATION OR VENUE WHERE ReCYCLE ROOM IS PROVIDING SERVICES (INDIVIDUALLY AND/OR COLLECTIVELY, THE  “CLASSES AND FACILITIES”) OF ReCYCLE ROOM AND ITS SUBSIDIARIES (COLLECTIVELY, “ReCYCLE ROOM”), I HEREBY ACKNOWLEDGE ON BEHALF OF MYSELF, MY HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS, THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN INDOOR CYCLING AND THE USE OF EXERCISE EQUIPMENT IN ASSOCIATION WITH THE CLASSES AND FACILITY.  I ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED REGARDLESS OF THE CARE TAKEN TO AVOID INJURIES.  I ALSO ACKNOWLEDGE THAT DOING STRENUOUS PHYSICAL ACTIVITY MAY INCREASE THE RISK OF VARIOUS POTENTIAL INJURIES, INCLUDING BUT NOT LIMITED TO, (1) MINOR INJURIES SUCH AS SCRATCHES, BRUISES AND SPRAINS; (2) MAJOR INJURIES SUCH AS EYE OR EAR INJURY OR LOSS OF SIGHT OR HEARING, JOINT OR BACK INJURIES, HEART ATTACKS, RHABDOMYOLYSIS, SEIZURES AND CONCUSSIONS; AND (3) CATASTROPHIC INJURIES INCLUDING PARALYSIS AND DEATH.  RIDERS SHOULD BE AWARE THAT FLASHING LIGHTS AND MUSIC PLAYED AT HIGH VOLUME IS PART OF THE ReCYCLE ROOM EXPERIENCE.  ReCYCLE ROOM IS NOT RESPONSIBLE FOR ANY ADVERSE REACTIONS TO THESE ELEMENTS.  RIDERS ARE STRONGLY ENCOURAGED TO REQUEST AND TAKE ADVANTAGE OF AN INITIAL INTRODUCTION, INCLUDING EQUIPMENT AND BIKE SET UP, AND ONGOING SUPPORT AVAILABLE FROM ReCYCLE ROOM STAFF TO ENSURE THE PROPER AND SAFE USE OF ALL CLASSES AND FACILITIES.  I HAVE READ AND THOROUGHLY UNDERSTAND ReCYCLE ROOM BIKE SAFETY INSTRUCTIONS.  AT ALL TIME, I SHALL COMPLY WITH ALL STATED AND CUSTOMARY TERMS, POSTED SAFETY SIGNS, RULES, AND VERBAL INSTRUCTIONS GIVEN TO ME BY STAFF. IF IN THE SUBJECTIVE OPINION OF ReCYCLE ROOM STAFF, I WOULD BE AT PHYSICAL RISK PARTICIPATING IN ReCYCLE ROOM’S CLASSES OR USING THE FACILITIES, I UNDERSTAND AND AGREE THAT I MAY BE DENIED ACCESS TO THE CLASSES AND FACILITY UNTIL I FURNISH ReCYCLE ROOM WITH AN OPINION LETTER FROM MY MEDICAL DOCTOR, AT MY SOLE COST AND EXPENSE, SPECIFICALLY ADDRESSING ReCYCLE’S CONCERNS AND STATING THAT ReCYCLE ROOM’S CONCERNS ARE UNFOUNDED. HOWEVER, I ALSO ACKNOWLEDGE THAT BEING PERMITTED TO ACCESS THE CLASSES AND FACILITY DOES NOT MEAN I AM NOT AT PHYSICAL RISK, AND IT IS NOT AN ENDORSEMENT BY Re CYCLE ROOM OF MY FITNESS TO PARTICIPATE IN THE CLASSES OR USE OF THE FACILITIES.  IN CONSIDERATION OF BEING ALLOWED TO PARTICIPATE IN AND ACCESS TO THE CLASSES AND FACILITY, I HEREBY (1) AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES OR DAMAGE WHICH ARE SUSTAINED, AGGRAVATED OR CAUSED BY ME TO MYSELF OR ANYONE ELSE IN RELATION TO THE CLASSES AND FACILITIES, (2) RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS ReCYCLE ROOM, ITS DIRECT AND INDIRECT PARENTS AND SHAREHOLDERS, SUBSIDIARY AFFILIATE ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS  AND ALL OTHERS, FROM ANY AND ALL RESPONSIBILITY, CLAIM, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES, AND LIABILITIES TO THE FULLEST EXTENT ALLOWED BY LAW ARISING OUT OF OR IN ANY WAY RELATED TO MY PARTICIPATION IN THE CLASSES OR USE OF THE FACILITY, AND (3) REPRESENT THAT I (a) UNDERSTAND THAT PARTICIPATING IN A ReCYCLE ROOM CLASS CONSTITUTES STRENUOUS PHYSICAL ACTIVITY, AND THAT I AM IN GOOD HEALTH AND ABLE TO ENGAGE IN SUCH ACTIVITY, (b) HAVE NO MEDICAL OR PHYSICAL CONDITION THAT WOULD PREVENT ME FROM PROPERLY USING ANY OF THE CLASSES AND FACILITIES, OR THAT WOULD PUT ME OR ANYONE ELSE IN PHYSICAL OR MEDICAL DANGER, (c) HAVE NOT BEEN INSTRUCTED BY A PHYSICIAN TO NOT PARTICIPATE IN PHYSICAL EXERCISE OR IN THE TYPE OF INTENSITY OF ACTIVITY IN THE CLASSES AND FACILITIES, AND (d) AM PHYSICALLY AND MENTALLY CAPABLE OF PARTICIPATING IN THE CLASSES AND FACILITY.  I ACKNOWLEDGE THAT IF I HAVE ANY CHRONIC DISABILITIES OR CONDITIONS, I AM AT RISK IN USING ReCYCLE ROOM’S CLASSES AND FACILITY AND SHOULD NOT BE PARTICIPATING IN ANY CLASSES.

 

I HAVE READ THIS ASSUMPTION OF RISK, WAIVER, AND RELEASE AGREEMENT, AND FULLY UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS INCLUDING MY RIGHT TO SUE ReCYCLE ROOM UNDER CERTAIN CIRCUMSTANCES.  I ACKNOWLEDGE THAT I AM SIGNING THIS DOCUMENT FREELY AND VOLUNTARILY.  THE TERM OF THIS DOCUMENT IS INDEFINITE.  THIS DOCUMENT BINDS ME, MY HEIRS, MY EXECUTOR, MY PERSONAL REPRESENTATIVES AND MY ASSIGNS.

 

VALUABLES AND PERSONAL PROPERTY: I ACKNOWLEDGE THAT I HAVE BEEN URGED TO AVOID BRINGING VALUABLES ON TO THE FACILITY AND THAT ReCYCLE ROOM SHALL NOT BE LIABLE FOR THE LOSS OF, OR DAMAGE TO MY PERSONAL PROPERTY, INCLUDING ITEMS LEFT IN LOCKERS, CUBBY HOLES, BATHROOM, STUDIO, OR ANYWHERE ELSE IN THE FACILITY.  I ACKNOWLEDGE THAT NO PORTION OF ANY FEES PAID BY ME IS IN CONSIDERATION FOR THE SAFEGUARDING OF VALUABLES.

 

I HAVE BEEN GIVEN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE BEFORE SIGNING  THIS AGREEMENT, AND I HAVE OBTAINED SUCH ADVICE OR VOLUNTARILY CHOSEN NOT TO.

 

I HEREBY AFFIRM I AM 18 YEARS OF AGE OR OLDER.

 

NEW RIDER SIGNATURE:_________________________________________  DATE_________________                                                     

CONTACT​ US

9800 Buccaneer Mall, Suite 4

St. Thomas, USVI 00802

 

therecycleroomvi@gmail.com

 

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