WAIVER/RELEASE OF LIABILITY: Member’s use of all AFC Facilities shall be AT MEMBER’S OWN RISK. Because physical exercise can be strenuous and can subject a member to risk of serious injury, AFC urges and recommends that member obtains a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. Member acknowledges and agrees that if he/she engages in any physical exercise or activity, or uses any club amenity on or off the premises (including any sponsored club event), or utilizes any part of the club facility, the member does so entirely at his/her own risk. Any recommendations for changes in diet, including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and member should consult a physician prior to undergoing any dietary or food supplement changes. Member agrees that if he/she is not knowledgeable in the proper use of any of the club’s equipment or facilities, he/she will request and obtain proper instruction from a qualified employee prior to using such equipment or facility. Member agrees that he/she is voluntarily participating in these activities and that all exercise and use of all equipment, the facilities and premises are at the sole risk of member and member assumes all risks of injury, illness, or death. Member hereby releases AquaHab, LP and AFC Feasterville, LLC, its owners, shareholders, directors, officers, employees, representatives, agents and lessees from, and covenants not to sue for, any and all present and future claims resulting from member’s use of the facilities, amenities, services and equipment of the club. This waiver and release of liability includes, but is not limited to, all injuries, loss or damage which may occur as a result of, (a) member’s use of all amenities and equipment in the facility or on the property, and member’s participation in any activity, class, program, personal training session or instruction,(b) the sudden and unforeseen malfunctioning of any equipment, (c) our instruction, training, supervision, or dietary recommendations, and (d) member’s slipping and/or falling while in the club, or on the club premises, including in/on locker rooms, restrooms and adjacent sidewalks and parking areas. Member acknowledges that he/she has carefully read the waiver and release set forth in these paragraphs and fully understands that it is a release of liability. Member expressly agrees to release and discharge AquaHab, LP, AFC Feasterville, LLC and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and agrees to voluntarily give up or waive any right that member may otherwise have to bring a legal action against the club for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the AquaHab, LP and AFC Feasterville, LLC, its agents, and employees. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision(s) severed here from. By signing this contract, which includes this release I acknowledge that I understand its contents and that this release cannot be modified verbally. Member agrees that any disputes or claims arising out of this Agreement shall be settled by arbitration in the Commonwealth of Pennsylvania. All judgments on any award rendered by the arbitrator(s) may be entered in any court having jurisdiction and shall be final and binding on the parties. Each party shall bear its own expense in connection with the arbitration and shall share equally the administrative fees and incidental expenses. Member hereby expressly waives and relinquishes all rights to a trial by jury and punitive and exemplary damages for any such claim or dispute.
