IRONPARK Activity Waiver and Release

Last Modified: January 17, 2024

This Activity Waiver and Release (this “Release”) is made and given by the Platforms user (herein, “I” or “my” or “me”) to Simple Fitness & Nutrition, LLC, an Arizona limited liability company with offices located at 2375 E. Camelback Rd., Suite 600, Phoenix, Arizona 85016, (“Simple Fitness”) for its benefit and for the benefit of the Affiliated Entities (defined below) in consideration for my participation in activities suggested or included in the IRONPARK™ Platforms (the “Platforms”). I understand and agree that this Release is incorporated into and made an integral part of the Terms of Use I entered into with Simple Fitness (the “Terms of Use”). Capitalized terms not otherwise defined herein will have the same meaning as in the Terms of Use.

I acknowledge that participating in physical exercise, fitness activities and/or nutritional regimens, some of which may be featured, suggested, recommended and/or instructed on the Platforms (the “Activities”), involves a risk of personal injury to me, including disability and death, and damage to property belonging to me and others. I acknowledge that this Release will be relied upon by Simple Fitness, and its affiliates (the “Affiliated Entities”) and all of their respective managers, officers, directors, agents and employees (collectively, the “Platforms Parties”). In order to induce the Platforms Parties to provide virtual personal fitness training, monitoring and education through the Platforms, I represent and agree as follows:

Release, Indemnification and Assumption of Risk

I HEREBY IRREVOCABLY AND UNCONDITIONALLY FOREVER RELEASE, DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE PLATFORMS PARTIES with respect to any and all claims and causes of action of any nature, whether currently known or unknown, which I have or which could be asserted on my behalf in connection with my participation in the Activities, including, without limitation: (i) claims for any loss, damage, injury, illness, death, medical or other expense and/or property damage that I may suffer or that any other party may suffer, due to any cause whatsoever; and (ii) claims of negligence, breach of warranty, and/or breach of contract.

I HEREBY AGREE TO HOLD HARMLESS AND INDEMNIFY THE PLATFORMS PARTIES from any and all liability, cost, expense, or damage of any kind or nature whatsoever for any property damage or personal injury to any third party and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to my participation in the Activities. My obligation to the Platforms Parties under this paragraph survives the period of my participation in the Activities.

I agree and understand that there are risks and dangers associated with participation in the Activities, including, without limitation, the acts, omissions, representations, carelessness, and negligence of the Platforms Parties. I agree that the services offered on the Platforms are not a substitute for medical advice and I am encouraged to seek professional medical advice before interacting with the Platforms. I agree that even though the Platforms provide personalized fitness guidelines, their services are not medical advice and it is my responsibility to perform the exercises in appropriate conditions and with the proper form. I understand that the Platforms may contain user-generated content that is not endorsed by and does not represent the views of the Platforms Parties and any reliance on any user-generated content is solely at my own risk. I acknowledge that health, diet and fitness information is often subject to change due to medical research and developments and the Platforms Parties make no assurance that the Platforms will reflect the most recent findings or developments. I agree and acknowledge that property loss, physical injury, and death are all possible from participation in the events and Activities. RECOGNIZING THE RISKS AND DANGERS, I UNDERSTAND THE NATURE OF THE EVENTS AND ACTIVITIES AND VOLUNTARILY CHOOSE TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF MY participation in the Activities, WHETHER OR NOT DESCRIBED IN THIS AGREEMENT, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. I hereby acknowledge and agree that I am responsible for unreasonable risks while participating in the Activities, including, without limitation, attempting skills that I am not qualified to perform safely, and that I shall follow correct safety procedures when participating in the Activities.

I represent to Simple Fitness that I am in good health and have no disability, impairment, medical condition, illness, preexisting condition, pregnancy or health related issue which would affect my ability to perform the Activities. I assume full responsibility for my medical condition as it relates to engaging in exercise, including the Activities, and using the Platforms. I have consulted with a physician and have not been instructed by such physician to refrain from using the Platforms or not to participate in any activities of the type available through the Platforms. I am not currently taking any medications, drugs or other substances that will impair my ability to exercise sound reasonable judgment or my ability to perform the Activities. 

Because the Platforms are intended for use by individuals healthy enough to perform strenuous exercise, I agree that the following statements are true and accurate:

• No physician has ever informed me that I have a heart condition or that I should limit my physical activities to those recommended by a physician;
• I have not experienced chest pain during non-strenuous activities at any time within the past month;
• I have never experienced chest pain when engaged in a physical activity;
• I have never lost my balance due to dizziness and I have never lost consciousness;
• I do not have a bone or joint problem that could be made worse by a change in my physical activity;
• My physician is not currently prescribing me drugs for a blood pressure or heart condition;
• I do not have a condition of high-cholesterol, diabetes, obesity or arthritis; and
• I do not know of any other reason I should not exercise.

I have adequate insurance (including, without limitation, health insurance) necessary to provide for and pay any and all medical costs that may directly or indirectly result from my use of the Platforms or engagement in Activities.

I have previously performed activities similar to the Activities and am familiar with the facilities, site, and equipment in connection with which I expect to perform the Activities. I agree that before I participate in any of the Activities, I will inspect the related facilities, site, and equipment. I will not participate in the Activities until all unsafe conditions have been remedied.

I agree to, and will use appropriate safety equipment, as established by industry and activity standards and common safety practices, at all times during my participation in the Activities. I assume all risks associated with my failure to use appropriate safety equipment.

If at any time during the Activities I experience dizziness, fainting, pain, discomfort, chest pains or any medical condition, I will immediately cease such Activities and consult with a physician. I understand Simple Fitness has the right to deny me access to the Platforms for any reason or no reason, including if it determines, in its sole discretion, that I have certain medical conditions.

GENERAL PROVISIONS

I understand and agree that this Release is a legally binding agreement. This Release shall be governed by and construed in accordance with the laws of the State of Arizona, and will be construed as broadly as possible to provide a release and waiver to the maximum extent permissible under applicable law. The Platforms Parties may assign all or any portion of this Release without my consent. The invalidity or unenforceability of any part of this Release shall in no way affect the validity or enforceability of any other part of this Release.

I acknowledge that no promise or representation not set forth in this Release has been made to induce me to execute this Release.

California Waiver. I UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED. SAID SECTION READS AS FOLLOWS: 

“1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

I have read this Release and I understand its content. I understand that by creating an Account, I agree to the IRONPARK Privacy Policy and terms of use, and that by doing so, I have given up substantial rights. I have voluntarily agreed to this Release.