In exchange for participation in the activity of Clear Creek Fitness’ Boot Camp organized by Clear Creek Fitness, of 6234 Hwy 18, Brandon, Mississippi, 39042 and/or use of the property, facilities and services of Clear Creek Fitness, I agree for myself and (if applicable) for the members of my family, to the following:
AGREEMENT TO FOLLOW DIRECTIONS.
I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Clear Creek Fitness, or the employees, representatives or agents of Clear Creek Fitness.
ASSUMPTION OF THE RISKS AND RELEASE.
I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for person injury to myself and (if applicable) my family members, and further release and discharge Clear Creek Total Fitness LLC for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of Clear Creek Fitness, whether caused by the fault of myself, my family, Clear Creek Fitness or other third parties.
I agree to indemnify and defend Clear Creek Fitness against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Clear Creek Fitness.
I agree to pay for all damages to the facilities of Clear Creek Fitness caused by any negligent, reckless, or willful actions by me or my family.
Any legal or equitable claim that may arise from participation in the above shall be resolved under Mississippi Law.
I agree and acknowledge that I am under no pressure to duress to sign this Agreement and that I have been a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Clear Creek Fitness has offered to refund any fees I have paid to use it facilities if I choose not to sign this Agreement.
ARM’S LENGTH AGREEMENT.
This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of the Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
The invalidity or unenforceability of any provision of the Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be part of this Agreement.