RELEASE OF LIABILITY AND EXPRESS ASSUMPTION OF RISK
I hereby agree that by clicking through this page and/or viewing any Fitness Alliance, LLC dba EOS (“EOS”) streaming content, including but not limited to exercise programs or activities (“Content”), I assume all risk of injury and release EOS and its parents, subsidiaries, officers, directors, instructors, employees, agents, and related parties and entities from any liability for their negligence and to assume any and all risks of injury. My assumption of risk includes, without limitation, my use of any exercise equipment (mechanical or otherwise) and/or following any instruction. I agree to assume the risk of my participation in any activity, class, program, instruction, or event. I agree on behalf of myself (and anyone viewing Content in my presence) to forever release and discharge every EOS brand entity, Club and our affiliates (including, but not limited to Eos Fitness, and any of their related companies and their employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence, whether active or passive, of any EOS brand facility, the Club or any of its affiliates, owners, employees, agents, representatives, successors, and assigns. Should any action or arbitration be instituted by any of the parties hereto in any court of law or equity, or any arbitrator, pertaining to the enforcement or breach of any of the provisions of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party, in addition to any judgment or decree rendered therein, all court costs and reasonable attorneys’ fees and expenses. I further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State in which I electronically signed this agreement and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This Agreement is not intended as an attempt to release gross negligence or intentional torts. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AN EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. I AM AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, I AM GIVING UP A SUBSTANTIAL RIGHT, MY RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST ANY EOS BRAND FACILITY OR ITS OWNERS, EMPLOYEES AND AGENTS FOR THEIR NEGLIGENCE. I HAVE READ AND VOLUNTARILY SIGNED THIS WAIVER AND RELEASE OR AUTHORIZED ANOTHER TO SIGN IT ON MY BEHALF, AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING HAVE BEEN MADE. I AGREE, FOR MYSELF AND MY SPOUSE, SUCCESSORS, HEIRS AND ASSIGNS, THAT THE ABOVE REPRESENTATIONS ARE CONTRACTUALLY BINDING, AND ARE NOT MERE RECITALS, AND THAT SHOULD I OR MY SPOUSE OR SUCCESSORS ASSERT ANY CLAIM IN CONTRAVENTION OF THIS AGREEMENT, THE ASSERTING PARTY SHALL BE LIABLE FOR THE EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) INCURRED BY THE OTHER PARTY OR PARTIES IN DEFENDING AGAINST ANY SUCH ACTION. I ACKNOWLEDGE THAT THIS RELEASE WAS NEGOTIATED BY AND BETWEEN THE PARTIES TO THIS AGREEMENT, AND THAT BY CLICKING THROUGH THIS PAGE AND/OR VIEWING ANY CONTENT I AGREE TO VIEW THE CONTENT SUBJECT TO THIS RELEASE, AND THAT OTHERWISE THERE WOULD BE FEES, OR THE EXISTING FEES WOULD BE SUBSTANTIALLY HIGHER. IF I HAD WISHED TO VIEW THE CONTENT WITHOUT THIS RELEASE I WOULD HAVE VISITED nowaiver.eosfitness.com TO ARRANGE FOR SAME.