LIABILITY WAIVER AND RELEASE
Summary: you are aware of the risks of exercising and participating in, or instructing, classes and/or personal training sessions. Please check with a healthcare professional to ensure you are healthy enough to be in a class or personal training session. These classes and/or personal training sessions are not medical advice. You hold GoTrayne, LLC harmless for any issue that may arise from your use of GoTrayne, LLC or participation in classes and/or personal training sessions.
You understand that there are certain inherent risks and dangers in exercising and that the classes and/or personal training sessions you may register for, attend or participate in offer a range of activity and intensity levels. By using GoTrayne, LLC (as either an attendee or an instructor), you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness, loss and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm.
You acknowledge and agree that it is your responsibility to consult with your physician or other health care professional prior to using GoTrayne, LLC (including but not limited to attending, participating in, instructing, or using a class or personal training session) and to determine if and how using GoTrayne, LLC is appropriate for you. Do not use classes and/or personal training sessions if your physician or health care provider advises against it. If you experience faintness, pain or shortness of breath at any time while exercising, you should stop immediately.
You also understand and agree that the platform offers fitness and related information that is designed for informational and entertainment purposes only. Nothing on the platform is intended to be, and must not be taken to be, the practice of medical, professional or counseling care. You should not rely on any information on or through the platform and/or a class or personal training session as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment.
Always consult a physician if you have any concerns or questions about your health or fitness level.
You understand, agree, warrant, and covenant that you are voluntarily deciding to use GoTrayne.com (“GoTrayne”). While using GoTrayne, you may engage in the activities permitted (collectively, the “Activities”). Your choice to undertake the Activities is voluntary on your part and you are solely responsible for your action in undertaking such activities. Accordingly, for good and valuable consideration, the receipt of which is hereby acknowledged, you hereby agree as follows:
1. Waiver. You understand that participation in the Activities is potentially hazardous and you should not participate unless you are medically able and properly trained. Your participation in the Activities is done so knowingly and you freely assume all associated risks. Without limiting the foregoing, you acknowledge and agree that participation in the Activities carries with it certain inherent risks that cannot be eliminated completely, ranging from minor injuries to catastrophic injuries, including death. You understand and agree that in consideration of being permitted to participate in the Activities, you, your heirs, personal representatives, and assigns do hereby release, waive, discharge, and covenant not to sue GoTrayne.com, GoTrayne, LLC, its related entities, employees, officers, directors, contractors, agents, representatives, fellow invitees, successors, and assigns (collectively, the “Released Parties”) for any and all liability and damage arising from your participation in the Activities or otherwise in connection with your use of GoTrayne.
2. Limitation of Liability; Disclaimer of Warranties. The Released Parties shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your participation in the Activities. The Released Parties expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
3. Indemnification. You agree to indemnify, defend, and hold the Released Parties harmless from and against any and all damages, costs, claims, or demands, including reasonable attorneys’ fees, due to or arising from or relating to your breach of any term of this agreement.
4. Applicable Law; Consent to Jurisdiction. The statutes and laws of the State of Florida, without regard to the conflict of laws principles thereof, will apply to all matters relating to your participation in the Activities and this waiver. You agree that the exclusive jurisdiction for any dispute with the Released Parties resides in the courts of Sarasota County (or Federal Courts for the Middle District of Florida) and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Sarasota County (or Federal Courts for the Middle District of Florida) in connection with any dispute including any claim involving the Released Parties.
5. Severability. You further expressly agree that this agreement and waiver is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any provision of this agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
BY PARTICIPATING IN A GOTRAYNE SESSION, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AND FULLY UNDERSTAND ITS TERMS.
YOU UNDERSTAND THAT YOU ARE GIVING UP ANY CLAIMS, WHETHER CAUSED BY NEGLIGENCE, THE ACTION OR INACTION OF ANY OF THE PARTIES INVOLVED IN THE ACTIVITIES OR OTHERWISE.
YOU ACKNOWLEDGE THAT YOU ARE ENTERING INTO THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.