FITNESS LOUNGE
ADULT FACILITY WAIVER & RELEASE OF LIABILITY
This Adult Facility Waiver and Release of Liability (“Agreement”) is entered into by the undersigned participant (“Participant”) and Fitness Lounge LLC, Fitness Lounge One LLC, Fitness Lounge Two LLC, Fitness Lounge Three LLC, and all affiliated entities, owners, managers, officers, employees, independent contractors, and agents (collectively, “Fitness Lounge”).
1. ACTIVITIES COVERED
This Agreement applies to all use of Fitness Lounge facilities, including but not limited to:
• Open gym use
• Strength training and cardiovascular exercise
• Use of weights, machines, and equipment
• Presence on the premises
• Participation in any fitness-related activities
2. ASSUMPTION OF RISK
Participant understands that use of a fitness facility involves inherent risks, including but not limited to:
• Slips, trips, and falls
• Equipment malfunction or misuse
• Overexertion, strains, sprains, fractures
• Heart attack, stroke, or other medical emergencies
• Exposure to communicable illnesses
• Actions of other members or guests
Participant voluntarily assumes all risks, whether known or unknown, even if arising from the negligence of Fitness Lounge or others.
3. FULL WAIVER & RELEASE OF LIABILITY
To the fullest extent permitted by New York law, Participant hereby:
Releases, waives, discharges, and agrees not to sue Fitness Lounge from any and all claims, demands, damages, injuries, losses, or causes of action of any kind, whether known or unknown, arising out of or related to:
• Use of the facility
• Participation in exercise or activities
• Equipment use
• Presence on the premises
• Acts or omissions of any person
Including claims based on ordinary negligence.
4. HEALTH REPRESENTATION
Participant represents and warrants that:
• They are physically capable of participating in exercise
• They have no medical condition that would make participation unsafe without medical clearance
• They assume full responsibility for their health and physical condition
Fitness Lounge does not provide medical advice or diagnosis.
5. PERSONAL PROPERTY
Participant understands that Fitness Lounge is not responsible for lost, stolen, or damaged personal property.
6. VIDEO SURVEILLANCE & MEDIA CONSENT
Participant acknowledges:
• Certain areas of the facility are monitored by video surveillance
• Participant may appear in photos or videos used for operational or promotional purposes
Participant grants Fitness Lounge permission for such use without compensation.
7. EMERGENCY MEDICAL AUTHORIZATION
Participant authorizes Fitness Lounge to obtain emergency medical treatment if necessary and agrees to be financially responsible for all related costs.
8. ARBITRATION & CLASS ACTION WAIVER
Any dispute arising out of or related to this Agreement or facility use shall be resolved by binding arbitration in New York County or Queens County, New York.
Participant waives the right to a jury trial and any class or collective action.
9. ELECTRONIC SIGNATURE & WEBSITE ACCEPTANCE
Participant agrees that:
• Digital forms
• Electronic signatures
• Checkbox acceptance
constitute legally binding execution of this Agreement.
10. GOVERNING LAW & SEVERABILITY
This Agreement shall be governed by the laws of the State of New York.
If any provision is found unenforceable, the remainder shall remain in full force and effect.
11. ENTIRE AGREEMENT
This Agreement constitutes the full understanding between Participant and Fitness Lounge regarding facility use and liability.
