The undersigned (hereinafter referred to as “Participant”) hereby acknowledges that he/she is a customer and/or guest of Invictus Performance LLC (“INVICTUS”), has entered upon the premises of Invictus’s training facility at 4565 S. Euclid St. Las Vegas, Nevada 89121 (“Facility”) and/or secondary locations for training, such as Indoor5 at 7770 Dean Martin Dr. Unit 307 Las Vegas, Nevada 89139 and outdoor (“Secondary Locations''), has entered said Facility and Secondary Locations voluntarily, and upon his/her own free will and volition for the sole purpose of participating in athletic fitness and specialized fitness sessions (hereinafter referred to as “Sessions”). For good and valuable consideration, the receipt of which is hereby acknowledged, the undersigned hereby agrees as follows:
Participant, in consideration of being able to participate in the Sessions, hereby agrees to waive and release any claim for damages by reason of injuries, including death, sustained by Participant as a participant in the Sessions. Specifically, Participant hereby releases, discharges, waives, relinquishes, and covenants not to sue, now and forever, INVICTUS, and all respective successors, assigns, agents, employees, owners, officers, directors, and any other individuals or entities affiliated with INVICTUS or the Facility (collectively “INVICTUS Parties”) with respect to any and all actions or causes of action for bodily injury, property damage or loss, or death occurring to Participant arising either directly or indirectly from use of facilities and/or equipment and/or participating in the Sessions or other activities whenever or however the same may occur. Participant agrees that all references to bodily injury or death contained herein include those injuries having been caused by an infectious disease, cold or virus obtained while at a Session from equipment or other persons in close proximity to Participant, including without limitation novel corona viruses like COVID-19.
Participant hereby indemnifies and holds harmless INVICTUS and INVICTUS Parties from any and all claims, actions, demands, costs, liabilities, expenses, or judgments whatsoever, including attorney’s fees and costs, which might arise by whomever, through or under Participant or whoever made or presented for Participant’s use of INVICTUS facilities and/or equipment and/or participation in the Sessions.
Participant understands that all personal effects, jewelry and other personal property owned by Participant and brought to the Facility shall remain the sole responsibility of Participant to properly secure from theft, damage or injury to any other person. All personal property left at the Facility is left at sole risk of Participant. Theft, damage, or injury to another person caused by Participant’s personal property is the sole responsibility of Participant and shall be at the sole expense of Participant. Participant further understands that the release and indemnity provisions of this agreement include and relate to any and all damages, claims, causes of action, expenses, or the like arising from the theft, damage or injury occurring to or caused by the personal property of Participant and thereby understands that this agreement is intended to apply equally to personal property.
Physical exercise can be strenuous and subject to risk of serious injury. INVICTUS has urged participant to obtain a physical examination from a doctor before using any exercise equipment or participating in any Sessions. Participant agrees that by participating in physical exercise or Sessions, Participant does so entirely at his/her own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely the Participant's responsibility and Participant should consult a physician prior to undergoing any dietary or food supplement changes. Participant agrees that he/she is voluntarily participating in these activities and use of the Facility, Secondary Locations and any equipment or other products and assumes all risks of injury, illness, or death. Participant hereby assumes full responsibility for any risk of bodily injury, death or property damage arising out of or related to the Sessions. Participant hereby acknowledges that the activities of the Sessions are dangerous, and involve the risk of serious injury and/or death and/or property damage. Participant also expressly acknowledge that injuries received may be compounded or increased by negligent rescue operations.
Participant hereby agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement shall extend to acts of negligence by INVICTUS and/or INVICTUS Parties, save and except for acts of gross negligence or intentional wrongdoing. This agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Nevada in which the Sessions are conducted, and that if any portion is held invalid, it is agreed that the balance shall continue in full legal force and effect notwithstanding.
Participant understands that, except as specifically provided herein, this is a complete release of Participant’s claims, including claims that may be raised by, through or under Participant, and by Participant’s heirs, executors, administrators, assigns and others.
I, the undersigned Participant, have carefully read this Release and Waiver of Liability and Assumption of Risk Agreement and fully understand its contents. I am aware that this is a release of liability and a contract between me and INVICTUS, and that by signing I may have given up substantial rights. I have signed it of my own free will, without any inducement, assurance or guarantee being made to me, and agree that no oral representations or statements apart from the foregoing written agreement have been made. I intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.