Schedule

WAIVER AND RELEASE OF LIABILITY  

 In  consideration  of  the  risk  of  injury  while  participating  in ANY PHYSICAL ACTIVITY WITHIN THE GYM,  and  as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors,administrators,  assigns,  or  personal  representatives,  knowingly  and  voluntarily  enter  into  this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever  discharge Alpha Omega Gym,  located  at 4639 West Bancroft Street, Toledo, OH 43615, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs,representatives, predecessors, successors and assigns, for any physical or psychological injury,including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I AM  VOLUNTARILY  PARTICIPATING  IN  THE AFOREMENTIONED ACTIVITY AND  I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS  ACTIVITY,  WHICH  MAY  INCLUDE,  BUT  ARE  NOT  LIMITED  TO,  PHYSICAL  ORPSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR  PERMANENT  DISABILITY  (INCLUDING  PARALYSIS),  ECONOMIC  OR  EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY,INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.I agree to indemnify and hold harmless Alpha Omega Gym against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Alpha Omega Gym  incurs  any  of  these  types  of  expenses,  I  agree  to  reimburse Alpha Omega Gym.I acknowledge that Alpha Omega Gym and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party  or  entity  conducting  a  specific  event  or  activity  on  behalf  of Alpha Omega Gym.I  ACKNOWLEDGE  THAT  THIS  ACTIVITY  MAY  INVOLVE  A  TEST  OF  A  PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH,SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused  by  terrain,  facilities,  temperature,  weather,  lack  of  hydration,  condition  of  participants, equipment,  vehicular  traffic  and  actions  of  others,  including  but  not  limited  to,  participants, volunteers,  spectators,  coaches,  event  officials  and  event  monitors,  and/or  producers  of  the event. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" ANDFULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE  AND  DISCHARGE Alpha Omega Gym  AND  ALL  OF  ITS AFFILIATES,  MANAGERS,  MEMBERS,  AGENTS,  ATTORNEYS,  STAFF,  VOLUNTEERS,HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY

AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINSTAlpha Omega Gym 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 Alpha Omega Gym,  its  agents,  and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This  Agreement  was  entered  into  at  arm's-length,  without  duress  or  coercion,  and  is  to  be interpreted  as  an  agreement  between  two  parties  of equal  bargaining  strength.  Both  the Participant,  {name},  and Alpha Omega Gym  agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable  or  invalid,  or  if  any  term,  condition,  phrase  or  portion  of  this  agreement  shall  be determined  to  be  unlawful  or  otherwise  unenforceable,  the  remainder  of  this  agreement  shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. In the event of an emergency, please contact the following person(s) in the order presented:{contact_name} {contact_relation}. The undersigned participant, affirmed that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and contract and that I am signing it of my own free will.