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Waiver: In consideration of permission to use, today and on all future dates, the property, facilities, and services of FitnessU Erie. I, on behalf of myself, my heirs, personal representatives, or assigns, do hereby release, waive, discharge, and covenant not to sue FitnessU Erie, its directors, officers, employees, volunteers, independent contractors, and agents from liability from any and all claims arising from both ordinary and gross negligence of FitnessU Erie. This agreement applies to 1) personal injury (including death) from accidents or illnesses arising from participation in FitnessU Erie activities including, but not limited to, organized activities, classes, observation, and individual use of facilities, premises or equipment; and to 2) any and all claims resulting from the damage to, loss of, or theft of property. Indemnification and Hold Harmless: I also agree to HOLD HARMLESS AND INDEMNIFY FitnessU Erie from all claims resulting from negligence and to reimburse them for any expenses incurred as a result of my involvement at FitnessU Erie. I further agree to pay all costs that attorneys fees incurred by FitnessU Erie in investigating and defending a claim or suit if my claim is withdrawn, or to the extent a court or arbitration determines that FitnessU Erie is not responsible for the injury or loss. Severability and Venue: the undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted, by the law of the State of Pennsylvania and that if any option thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Likewise, I agree that if legal action is brought, it must be brought in Erie County, Pennsylvania. Acknowledgement of Understanding: I have read this waiver of liability and indemnification agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement fully and voluntarily, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law in the State of Pennsylvania. Assumption of Risk: Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries FitnessU Erie has facilities for and provides for activities such as weight lifting and aerobics activities. Some of these involve strenuous exertions of strength using various muscle groups; some involve quick movements involving speed and change of direction; and others involve sustained physical activity, which places stress on the cardiovascular system. The specific risks vary from one activity to another, but in each activity the risk range from 1) minor injuries such as scratches, bruises, and sprains to 2) major injuries such as loss of sight, joint or back injuries, concussions, and heart attacks 3) catastrophic injuries including paralysis and death. I have read the previous paragraphs and I know the nature of the activities at FitnessU Erie. I understand the demands of those activities relative to my physical condition and skill level, and I appreciate the types of injuries, which may occur as a result of activities made possible by FitnessU Erie. I hereby assert that my participation is voluntary and that I knowingly assume all such risks. Acknowledgment of Understanding: I have read this assumption of risks and fully understand its terms. I acknowledge that I am signing the agreement fully and voluntarily, and intend my signature to signify a complete assumption of the inherent risks of participating in or observing recreational activities at FitnessU Erie to the greatest extent allowed by law in the State of Pennsylvania.

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