ASSUMPTION OF RISK

I understand that there are dangers, hazards, and risks of injury or damage, some of which are inherent in the use of Peak Performance’s premises, outside the facility, equipment, services, activities or products.

A. Use of Premises and Services. I understand that Peak Performance’s premises, facility, equipment, services, activities or products can include but not limited to: outside space, sidewalks, fitness floors, fitness equipment, and training services.

B. Risks. I understand that the dangers, hazards, and risks of injury or damage in the use of Peak Performance Premises and Services (“Risks”) may include but are not limited to: slips, trips, collisions, falls, and loss of footing or balance, including “slip and falls” and falls from fitness equipment; equipment failure, malfunction or misuse.

C. Injuries. I understand that such injuries or damages may include but are not limited to major or minor personal, physical, bodily, emotional, mental, property or other types of injuries or damages to my child, including but not limited to: death, paralysis, heart attacks, heat stress and/or heat stroke, dehydration, concussions, torn or damaged muscles or ligaments, broken bones, allergic reactions, sprains, bruises, scrapes.

D. I fully understand, and voluntarily and willingly assume, all of the risks that may or can arise out of participating as a Member of Peak Performance, including but not limited to the activities, use of equipment, field or facilities, the acts of others or the unavailability of emergency care, as well as those risks described in the preceding paragraphs. Additionally, I hereby fully consent to emergency medical care to be rendered by competent medical physicians for my minor children if they should require such attention during participation.

WAIVER OF LIABILITY AND INDEMNIFICATION.

On behalf of my children/Minor Members, I hereby voluntarily and forever release and discharge Peak Performance from, covenant and agree not to sue Peak Performance for, and waive, any claims, demands, actions, causes of action, debts, damages, losses, costs, fees, expenses or any other alleged liabilities or obligations of any kind or nature, whether known or unknown for any Injuries to me, Minor Members or Guests. My agreement to indemnify and hold Peak Performance harmless means that I will pay any settlement, judgement, or other damages, fees of costs of any type incurred by Peak Performance to resolve the claim.