Liability Waiver
Motion Coach, LLC
Release of Liability and Assumption of Risk
This Release of Liability and Assumption of Risk (this “Release”) is between you and Motion Coach, LLC. (“Motion Coach”). To participate in the exercise class you have selected (the “Activity”), you must agree to this Release.
1. Assumption of Risk. YOU ACKNOWLEDGE THAT YOU ARE AWARE OF AND UNDERSTAND THAT THE ACTIVITY IS POTENTIALLY DANGEROUS AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. YOU ACKNOWLEDGE THAT ANY INJURIES THAT YOU SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF MOTION COACH. NOTWITHSTANDING THE RISK, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND YOU AGREE TO ACCEPT AND ASSUME ALL RISK OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM YOUR PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
2. Release. You hereby expressly waive and release any claims, known now or hereafter, against Motion Coach and its officers, directors, employees, agents, affiliates, service providers, shareholders, successors, and assigns (collectively, "Releasees"), related to your participation in the Activity, whether arising out of the ordinary negligence of any Releasees or otherwise. You will not make or bring any such claim against any Releasee, and forever release and discharge all Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that may not be released by agreement under applicable law.
3. Miscellaneous. This Release is governed by Massachusetts law without reference to its conflict of laws principles. All claims arising under this Release will be litigated exclusively in the federal or state courts of Massachusetts. This Release binds and benefits the parties’ permitted successors and assigns. If any provision of this Release or portion of a provision is invalid, illegal, or unenforceable, the rest of this Release will remain in effect. This Release and Motion Coach’s Terms of Service constitute the entire agreement of the parties relating to their subject matter.
BY AGREEING TO THIS RELEASE, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE MOTION COACH.