WAIVER

Acknowledgement of Risk and Waiver of Liability

I recognize that there are certain inherent risks associated with exercise and use of gym facilities and equipment. I voluntarily assume the risk of injury, accident, death, loss, cost or damage to my person or property which might arise from my use of the gym or presence upon the facilities thereof, and I agree to hold harmless and release the gym and all affiliated corporations, and its officers, directors, board members, agents, employees, representatives, executors, and all others from any and all liability. I also release all of those mentioned and any others acting on their behalf from any responsibility or liability for any injury or damage to myself including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with my participation in any activities or the use of any equipment at the gym during staffed or non-staffed hours.
Check here as acceptance of Acknowledgement of Risk and Release of Liability Waiver.

Informed Consent
General Statement of Program Objectives and Procedures
I understand that a physical fitness program may include exercises to build the cardiorespiratory system (heart and lungs), the musculoskeletal system (muscle endurance, strength and flexibility), and to improve body composition (decrease of body fat in individuals needing to loose fat, with an increase in muscle and bone). Exercise may include aerobic activities (treadmill walking/running, bicycle riding, rowing machine exercise, group aerobic activity, swimming, and other such activities), calisthenics, and weight lifting to improve muscular strength and endurance, and flexibility exercises to improve joint range of motion.

Description of Potential Risks
I understand that the reaction of the heart, lung, and blood vessel system to such exercise cannot always be predicted with accuracy. I know there is a risk of certain abnormal changes occurring during or during exercise, which may include abnormalities of blood pressure or heart rate, in effect of functioning of the heart, and in rare instances heart attacks. Use of the weight lifting equipment, and engaging in heavy body calisthenics, can lead to musculoskeletal strains, pain, and injury if adequate warm-up, gradual progression, and safety procedures are not followed.

(PARQ) Physical Activity Readiness Questionnaire
Regular physical activity is fun and healthy, and increasingly more people are starting to become more active every day. Becoming more active is very safe for most people. However, some people should check with their Doctor before they start becoming much more physically active.

If you are planning to become much more physically active than you are now, start by answering the seven questions in the box below. If you are between the ages of 15 and 69, this questionnaire (the PARQ) will tell you if you should check with your Doctor before you start. If you are over 69 years of age and you are not used to being active, check with your Doctor.

Please read the questions carefully and answer each question honestly. Check the box indicating yes or no. Common sense is the best guide when you answer these questions.

1. Has your Doctor ever said that you have a heart condition and that you should only do physical activity recommended by a Doctor?
YesNo

2. Do you feel pain in your chest when you do physical activity?YesNo

3. In the past month, have you had pain in your chest while NOT doing physical activity?YesNo

4. Do you lose your balance due to dizziness or do you ever lose consciousness?YesNo

5. Do you have a bone or joint problem that could be made worse by a change in
your physical activity?YesNo

6. Is your Doctor presently prescribing drugs for your blood pressure or heart conditionYesNo

7. Do you know any other reason that you should not do physical activity?YesNo

Cleared for Exercise
I certify that I am in good physical health and I am able to undertake and engage in the range of physical activities in which I choose to participate at the gym. I assume all responsibility for updating the facility with respect to any changes in my physical or mental condition and for reporting all injuries sustained at the facility to the gym staff. I understand and am aware that strength, flexibility, aerobic and anaerobic exercise, including the use of any equipment, is a potentially hazardous activity. I also understand that fitness activities involve a risk of injury and even death and that I am voluntarily participating in these activities and using equipment with knowledge of all the dangers involved. I do hereby agree to expressly assume and accept any and all risks of injury or death either accidental or otherwise. This waiver, release and indemnification agreement includes, without limitation, all injuries which may occur as a result of (a) my use of all amenities and equipment in the facility and my participation in any class, activity or personal training; (b) sudden unforeseen malfunctioning of any equipment; and (c) my slipping or falling while in the facility, on the facility premises, including adjacent sidewalks and parking areas. I acknowledge that I have carefully read this waiver, release and indemnification agreement and fully understand that it is a full and complete release of all liability.
Check here as acceptance of your certification that you are able to engage in exercise.

Duty to Inform of Changes in Health Condition
I understand that I am required to inform the gym of any material changes in my health condition in the future, including but not limited to, any changes which would cause me to change my responses to the PARQ above.
Check here as acceptance of your Duty to Inform of Changes in Health Condition.

General
This agreement represents the complete understanding between you and the gym. No representations, written or oral, other than those contained in this agreement are authorized or binding upon the gym. Should any part of this agreement be determined by a court of competent jurisdiction to be unenforceable, the remaining provisions within this agreement not impacted by such change shall remain in full force and effect as originally written. When any provision of this agreement is found to be unenforceable, the parties will then make reasonable efforts to replace the invalid or unenforceable provision with a valid and enforceable provision, the effect of which is as close as possible to the intended effect of the original invalid or unenforceable provision. I agree to promptly update the gym of any changes of address, phone, e-mail address and/or bank account/credit card information.
Check here as acceptance and understanding:

Indemnification
I agree to indemnify and defend the gym against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my use of or presence upon the facilities of the gym.
Check here as acceptance of Indemnification.

Choice of Law
This agreement shall be governed and interpreted under the law of the state of Nebraska. Any legal or equitable claim that may arise from this agreement shall be resolved under Nebraska law.
Check here as acceptance of Choice of Law.

Jurisdiction
The courts of the state of Nebraska are to have exclusive jurisdiction to settle any dispute arising out of or in connection with this agreement.
Check here as Acceptance of Jurisdiction.

Damages
I agree to pay for any and all damages done to the property or premises of the gym by my negligent, reckless, or willful conduct or omission.
Check here as acceptance of Damages.

Applicability to All Members
The terms of this agreement shall be applicable to, and binding upon, any and all persons whose membership is associated with a single billing account or billing statement, regardless of whether those persons have personally executed this agreement or not. Accordingly, this agreement shall be interpreted as necessary to at all times include and bind all family, friends, or other persons on the associated billing account or billing statement, and their guests. Words in the singular form shall be construed to include the plural and vice versa. Pronouns in masculine, feminine, and neutral gender shall be construed to include any other gender.
Check here as acceptance of Applicability to All Members.

Force Majeure
This agreement will be suspended, and either party will be excused from performance and shall not be in default in respect to any obligation, to the extent that the failure to perform such obligation was the result of an unforeseen disaster, Act of God, or natural force majeure.
Check here as acceptance of Force Majeure.

No Waiver
A waiver by the gym of any right or benefit provided in this agreement does not infer or permit a further waiver or benefit, nor does it infer or permit a waiver of any other right or benefit provided in this agreement.
Check here as acceptance of No Waiver.

Video/Media Agreement
I consent to allowing Kratos Performance and Fitness to take photos and videos to use as either a feedback training tool or to showcase their abilities and progress through our social media platforms. By initialing you consent to allowing Kratos coaches to use pictures or video of you or your child taken in Kratos Performance and Fitness, highlighting their performance and progress to be viewed on our social media platforms.

I CERTIFY THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND KNOWINGLY AND VOLUNTARILY AGREE TO BE BOUND BY ALL OF ITS TERMS.

Type your name to serve as your signature:

Today's Date:

All billing is done on a minimum time requirement for services. Service can be cancelled at any time, it is the client’s responsibility to notify Kratos Performance & Fitness via email when they need a service cancelled.