The Garage Chicago LLC Participation Waiver, Release, Terms of Service, and Indemnity Agreement:
I, on my own behalf and on behalf of my heirs, successors, and assigns (singularly and collectively referred to as “Participant”), agree to release the owner and operators of this independently owned and operated facility (the “Facility or Company”), The Garage Chicago LLC, an Illinois limited liability company, and all of their respective members, employees, officers, directors, affiliates, subsidiaries, related companies, parent companies, heirs, successors, agents, contractors, assigns, and other entities with which they are, or may in the future become affiliated (singularly and collectively referred to as “Company”) from any and all claims, demands, injuries, damages, actions, or causes of action (collectively, “Claims”) related to my use of the Facility or participation in the services offered by the Company, whether on or off the Facility premises. I hereby agree to defend, indemnify, and hold The Garage Chicago LLC, its owners, and all Company entities harmless from and against any such Claims arising out of or in connection with (i) the Company’s negligence, (ii) Participant’s presence at and use of the Facility, including all common areas located therein; or (iii) Participant’s participation in services offered by the Company. This Agreement does not and is not intended to release the Company from claims arising out of gross negligence or willful, wanton, or intentional conduct engaged in by the Company. Participant also hereby acknowledges and agrees, on Participant’s own behalf, and on behalf of Participant’s personal representatives, heirs, assigns, executors, administrators, and next of kin, as follows:
By utilizing the facilities and services provided by The Garage Chicago LLC (hereinafter referred to as "the Facility"), you hereby expressly agree to be legally bound by the terms and conditions as stipulated in this agreement (the "Agreement"). If you do not unequivocally consent to these terms, we respectfully request that you refrain from utilizing the Facility's facilities and services. Membership Eligibility: Membership at the Facility is explicitly restricted to individuals who have reached the age of majority, which is 18 years and above, in accordance with the laws of [Your State/Country]. Minors between the ages of 16 and 18 may only obtain membership status with the explicit, written consent of their parents or legal guardians. Registration: You are under a strict legal obligation to provide accurate and comprehensive registration information, including but not limited to your full legal name, precise contact details, and any pertinent medical history, as specifically requested by the Facility. Membership Fees: You hereby legally commit to the payment of all applicable membership fees and charges, as precisely delineated in the Facility's pricing and payment policies. Participant understands that services offered by the Company are physically strenuous and involve participation in exercise activities in close proximity to other participants and Facility staff. Participant expressly acknowledges that its participation in the Company’s classes, whether on or off the Facility premises, and the use of the Facility are undertaken voluntarily and at Participant’s sole risk and, in consideration of such use, Participant agrees on behalf of itself, its heirs, successors, and assigns to release, indemnify, and hold harmless The Garage Chicago LLC, from any and all claims arising out of personal injury, including bodily injury or death, illness (including infection from known and unknown pathogens such as influenza and SARS-CoV2), and any property loss or damage suffered by Participant while utilizing the Facility, or any of The Garage Chicago LLC or its affiliates’ Facility locations or services of the Company, whether on-premises or off-premises, and whether caused as a result of Participant’s participation in the activities or as a result of Company’s negligence. Further, Participant specifically acknowledges that The Garage Chicago LLC will not accept any responsibility for the theft of or damage to Participant’s personal property left in any areas, anywhere on any Company property.
Use of Facilities and Equipment: You affirmatively pledge and covenant to employ the Facility's facilities and equipment in a manner that is safe, responsible, and in strict accordance with any and all posted rules, regulations, and guidelines. The Facility explicitly reserves and retains the unequivocal legal right to limit, suspend, or deny access to specific equipment or areas for valid reasons, which may include but are not limited to maintenance, safety, or any other lawful grounds determined by the Facility management. Participant will inspect the premises, facilities, and equipment at the Facility, or where Company’s services are offered, and Participant’s observation and use of the same shall constitute an acknowledgment that Participant finds and accepts the Facility or premises where services are offered to be safe and reasonably suited for their intended purpose(s). If Participant finds any unsafe or unreasonably suited conditions with the premises, facilities, and equipment located at the Facility or premises where Company’s services are being offered, Participant will immediately cease any activity and notify Company of the unsafe or unreasonable conditions. Participant understands that they should always consult with a physician before starting any exercise program. Participant represents themselves as being in good physical condition and having no disability, impairment, or ailment preventing participation in a fitness program or physical activity. Participant has not been advised by any physician or health provider to either refrain from exercising or to limit it in any way.
Participant expressly agrees that the terms of the release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of the state in which The Garage Chicago LLC is located. Any provision of this Release found to be invalid by a court having jurisdiction shall be invalid only with respect to such provision, and all other provisions shall remain unaffected and in full force and effect.
Participant consents and agrees that by clicking the button to green to the I agree to the “Terms of Service and Privacy Policy” on an electronic screen or through the use of a keypad, mouse, or other device to select an item, button, icon, or similar act/action, the Participant indicate that you agree with the terms of this Agreement constitutes your signature, acceptance, and agreement with the terms of this Agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third-party verification is necessary to validate your electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of your signature or the resulting contract between you and The Garage Chicago LLC. You understand and agree that your consent in conjunction with this Agreement will be legally binding, and such transaction will be considered authorized by you.
Health and Safety: You expressly acknowledge and accept that engaging in physical activities at the Facility carries inherent risks, and you unconditionally agree to assume full legal responsibility for your own health and safety while using the Facility's facilities. b. It is hereby strongly advised that you consult with a qualified healthcare professional before embarking upon any exercise program, particularly if you have any pre-existing medical condition.
Participant grants to The Garage Chicago LLC an unrestricted, sublicensable, assignable, irrevocable, perpetual, worldwide, royalty-free license to Participant’s voice, image, persona, likeness, and performance in any audio, visual, and audiovisual recordings (including, but not limited to, photographs, digital images, digital video, digital audio, videotape, and audiotape) taken or to be taken by or on behalf of The Garage Chicago LLC during Participant’s participation in any activity hosted or sponsored by The Garage Chicago LLC, whether on or off the Facility premises (the “Content”). This license includes without limitation the right to (a) reproduce, modify, create derivative works of, and otherwise use the Content or derivative work thereof, in whole or in part, in any manner and matter or in combination with any other material, in any format or media, whether now existing or hereafter devised, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video, audio, and all formats of computer-readable electronic, magnetic, digital, laser, or optical-based media (the “Works”); and (b) publicly display, publicly perform, sell, rent, distribute (directly or indirectly), transmit, or broadcast the Works by any means now known or hereafter devised. Participant waives the right to inspect, approve, or edit any such use or reproduction, and The Garage Chicago LLC may make all changes, modifications, rearrangements, additions, or deletions in its use reproductions without any approval. This permission extends to all languages, media, formats, and markets now known or hereafter devised.
The Company may make goods or services of certain third parties available to you. Third-party services are provided for the participant's convenience and may be discontinued at any time, with or without notice to you. Third-party services are not controlled by the Company and should not be viewed as any endorsement by, or affiliation with, the Company. You may be required to acknowledge or sign additional Third-Party terms and conditions in order to use Third-Party Services. To the maximum extent permitted by law, The Garage Chicago LLC makes no representations or warranties regarding Third-Party Services and hereby disclaims all liability for any loss, damage, or injury arising out of or in connection with such Third-Party Services, the associated providers, and your use thereof.
Privacy: The Facility may collect, utilize, and disclose your personal information in strict compliance with its privacy policy, which can be accessed at https://thegaragechi.com/privacy-policy.
Security: For safety and security purposes, please be aware that security cameras are on-site at the Facility premises.
Termination: The Facility explicitly reserves the legal right to terminate, suspend, or revoke your membership status and access to its facilities and services for violations of these terms or for any other legally justifiable reason, as determined by the Facility management, without prejudice to any other remedies or rights available under applicable law.
Governing Law and Jurisdiction: This Agreement shall be construed in accordance with and governed by the laws of Illinois, without regard to its conflict of law principles. Any legal action, suit, or proceeding arising out of or relating to this Agreement shall be exclusively venue in the federal or state courts located within the jurisdiction of Illinois, and you hereby consent to personal jurisdiction and venue in such courts.
PARTICIPANT HAS READ AND VOLUNTARILY ELECTRONICALLY ACKNOWLEDGES THIS AGREEMENT AS A SIGNATURE OF ACCEPTANCE. PARTICIPANT AGREES THAT THEY FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT THEY ARE GIVING UP SUBSTANTIAL RIGHTS INCLUDING THE PARTICIPANT’S RIGHT TO SUE THE COMPANY UNDER CERTAIN CIRCUMSTANCES. FURTHER, PARTICIPANT ACKNOWLEDGES AND UNDERSTANDS THAT THE TERMS OF THIS AGREEMENT ARE INDEFINITE AND ACKNOWLEDGES THAT PARTICIPANT HAS SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, GUARANTEE, OR ANY ORAL REPRESENTATION NOT CONTAINED WITHIN THE TERMS OF THIS AGREEMENT. BY SIGNING AND/OR ACKNOWLEDGING THIS AGREEMENT, PARTICIPANT ALSO AGREES TO ABIDE BY THE RULES OF THE FACILITY WHERE SERVICES ARE BEING OFFERED, AS THE SAME MAY BE AMENDED FROM TIME TO TIME, INCLUDING, WITHOUT LIMITATION, AUTHORIZATION FOR THE OWNER OF THE INDEPENDENTLY OWNED AND OPERATED THE GARAGE CHICAGO LOCATION TO CHARGE PARTICIPANT’S CREDIT CARD FOR SERVICES. IF THE PARTICIPANT IS UNDER 18 YEARS OF AGE, A PARENT OR LEGAL GUARDIAN MUST COMPLETE THE FOLLOWING: I, the undersigned parent or legal guardian of the Participant, hereby execute the foregoing Class Participation Waiver, Release, and Indemnity Agreement for and on behalf of Participant and agree to bind myself, Participant and any heirs, next of kin, assigns or personal representatives to the terms of the Class Participation Waiver, Release and Indemnity Agreement. I represent that I have full legal authority to act for and on behalf of the Participant, and I agree to indemnify and hold harmless the Company for any expenses, claims, or liabilities that may arise as a result of any insufficiency of my full legal authority to execute the foregoing Class Participation Waiver, Release, Terms of Service, and Indemnity Agreement.
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