Release of Liability Agreement
Gym Equipment Use and Smart Gym Equipment Release of Liability Agreement
This Agreement is entered into on this ___ day of _________________, 20___, by and between JASC & CO. CORP., a company with its principal place of business at 70 Calle San Martin, Guaynabo, PR 00966 hereinafter referred to as the Company, and the undersigned customer hereinafter referred to the Customer.
- Assumption of Risk The Customer acknowledges that the use of gym equipment, including but not limited to physical exercise equipment, fitness machines, and any smart gym equipment, inherently involves the risk of injury, including but not limited to sprains, fractures, muscle strain, or other injuries. The Customer understands that these risks may be caused by their own actions, the actions of others, or the condition of the equipment. The Customer agrees to use the equipment at their own risk and assumes all responsibility for any injury, loss, or damage that may occur.
- Waiver and Release In consideration for being allowed to use the gym equipment and smart gym equipment, the Customer, on behalf of themselves, their heirs, personal representatives, or assigns, does hereby waive, release, discharge, and hold harmless the Company, its officers, directors, employees, agents, affiliates, and representatives from any and all claims, demands, losses, or damages arising out of or in any way related to the Customer’s use of the gym and smart gym equipment, including any injury sustained from equipment malfunction, improper use, or failure to follow the instructions provided.
- Acknowledgment of Equipment Condition The Customer acknowledges that they have inspected the equipment provided and that, to the best of their knowledge, it is in good condition and working order. If the Customer notices any defect or malfunction with the equipment during use, they agree to immediately cease using the equipment and report the issue to the Company.
- Smart Equipment & Data Use The Customer acknowledges that smart gym equipment may collect data related to their physical activity and performance, including but not limited to exercise metrics, heart rate, steps, and other fitness-related information. The Customer agrees to allow such data collection and understands that this data may be used for operational purposes by the Company, subject to the Company’s privacy policy. The Customer may opt-out of data collection if explicitly allowed but acknowledges that opting out may limit access to certain features or services.
- Compliance with Instructions and Safety Standards The Customer agrees to follow all instructions provided by the Company for the safe use of gym and smart gym equipment, including but not limited to any verbal or written guidelines, training sessions, or warnings provided by the Company or its representatives. The Customer agrees to not misuse or alter any equipment in any way that is not explicitly authorized.
- Fitness Level and Health Condition The Customer represents that they are physically capable of using the gym and smart gym equipment. The Customer agrees to seek medical advice and approval from a licensed healthcare provider before engaging in physical activity if they have any pre-existing medical conditions or health concerns. The Customer understands that it is their responsibility to monitor their own health and well-being while using the equipment.
- Indemnification The Customer agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from any claims, losses, or damages arising out of or related to the Customer’s use of the gym or smart gym equipment, including but not limited to any claims of personal injury, property damage, or violation of law.
- Limitation of Liability To the fullest extent permitted by law, the Company’s liability to the Customer for any claims arising out of or related to this Agreement shall be limited to the amount paid by the Customer for the use of the gym equipment and smart gym equipment. The Company shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, business interruption, or any other financial losses.
- Governing Law and Dispute Resolution This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico. Any disputes arising under or in connection with this Agreement shall be resolved through binding arbitration in the court of San Juan, Puerto Rico, and the decision of the arbitrator(s) shall be final and binding.
- Entire Agreement This Agreement constitutes the entire understanding between the Customer and the Company regarding the use of gym equipment and smart gym equipment and supersedes all prior agreements or understandings, whether written or oral. Any amendments to this Agreement must be made in writing and signed by both parties.
- Acknowledgment of Understanding By signing this Agreement, the Customer acknowledges that they have read, understood, and voluntarily agree to the terms outlined in this Release of Liability Agreement. The Customer further acknowledges that they are signing this Agreement freely and without any coercion.
Customer’s Name (Printed): ___________________________
Customer’s Signature: _______________________________
License #: ____________________________________________
Date: ____________________________________________
Customer’s Name (Printed): ___________________________
Customer’s Signature: _______________________________
License #: ____________________________________________
Date: ____________________________________________
Customer’s Name (Printed): ___________________________
Customer’s Signature: _______________________________
License #: ____________________________________________
Date: ____________________________________________