I acknowledge that participating in fitness activities at Diablo Fitness involves inherent risks of physical and psychological injuries, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. Therefore, I voluntarily assume all such risks and waive any and all rights, claims, or causes of action arising out of my participation in any activity at Diablo Fitness.

I hereby release and forever discharge Diablo Fitness, its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively referred to as “Releasees”), from any and all liability for any physical or psychological injuries that I may suffer as a direct result of my participation in any activity at Diablo Fitness. I understand that these injuries or outcomes may arise from my own or others’ negligence, conditions related to travel to and from the activity, or from conditions at the activity location(s).

I further agree to indemnify, defend, and hold harmless the Releasees against any and all claims, suits, or actions of any kind brought by me or anyone on my behalf, including attorney’s fees and any related costs.

I acknowledge that participating in fitness activities may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. Therefore, I agree not to participate in any activity unless I am medically able and properly trained, and I agree to abide by the decision of Diablo Fitness officials or agents regarding my approval to participate.

In the event that I require medical care or treatment, I authorize Diablo Fitness to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I acknowledge that any damage to equipment or facilities as a result of my or my family’s or my agent’s willful actions, neglect, or recklessness may result in my liability for any and all associated costs.

I further acknowledge that this agreement is governed for all purposes by the laws of the State of California, without regard to any conflict of law principles. This agreement supersedes any and all previous oral or written promises or other agreements.

This waiver and release of liability shall remain in effect for the duration of my participation in any activity at Diablo Fitness, during this initial and all subsequent events of participation.

I acknowledge that this agreement was entered into at arm’s length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, and Diablo Fitness agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

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