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THIS FORM IS TO BE USED IN CONNECTION WITH THE EXERCISE FACILITY, LOCKER ROOMS, GOLF SIMULATORS AND RACING SIMULATORS LOCATED ON FIRST FLOOR OF THE BUILDING LOCATED AT 245 PARK AVE (“CLUB 245”), WHICH IS AN UNSUPERVISED FACILITY AND IS INTENDED TO BE USED ONLY BY APPARENTLY HEALTHY INDIVIDUALS WHO HAVE EXECUTED THIS GENERAL WAIVER, RELEASE AND INDEMNITY.

General Waiver, Release, and Indemnity

In consideration of being allowed to access and exercise at Club 245 and to use its facilities, amenities, equipment and machinery, I do hereby waive, release and forever discharge Body By Mark Wellness LLC, & * additional entities below.  

I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and/or assigns as follows:

1. I understand that any activity performed at Club 245 involves inherent risk of INJURY and voluntarily agree to expressly assume any and all such risk which may result from any activity at Club 245, or which may in any way relate to Club 245. I understand that prior to engaging in any exercise routine that I have consulted with a medical care provider and that I am physically fit and mentally capable of performing any physical activity I choose to participate in.  I also understand that fitness activities involve risk of injury and even death and that I am voluntarily participating in these activities and using the facilities, exercise equipment and machinery with knowledge of dangers involved. To the fullest extent permitted by law, I FULLY ACCEPT AND ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH which may occur to me.
2. I acknowledge, agree and fully understand that Club 245 is not a supervised facility. I represent that I know how to use the facilities and equipment and that I will use them safely and in a manner consistent with their intended purposes.  I further acknowledge and agree that I am not permitted to utilize a personal trainer or any third-party wellness professional to oversee or otherwise supervise my activities within Club 245. 
3. I hereby authorize any person connected with Club 245 to administer any and all first aid to me, as they deem necessary, it being agreed that the Owner shall not have any liability if aid is not provided to me. I further authorize medical transportation to a medical facility or hospital for treatment necessary for my well-being, as my sole cost and expense.
4. I hereby AGREE, TO THE FULLEST EXTENT PERMITTED UNDER LAW, TO INDEMNIFY, DEFEND AND HOLD HARMLESS Owner harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity that may arise from my access to and use of Club 245 and/or any breach or threatened breach of this agreement by me. 
5. I agree to abide by Club 245 Rules attached hereto which may be modified from time to time. The Owner may suspend or terminate my ability to utilize Club 245 if I fail to abide by Club 245 Rules.
6. I agree that I will be provided with access to Club 245 for my sole use and enjoyment and that I will not permit any person to utilize my credentials to access Club 245.
7. It is my express intent that this Waiver, Release, and Indemnity Agreement shall bind the members of my family and spouse, and my heirs, assigns and personal representatives, if I am deceased, and shall be deemed as a release, waiver, discharge and covenant not to sue the above-named Releases. I hereby further agree that this Waiver, Release, and Indemnity Agreement shall be construed in accordance with the laws of the State of New York.
8. If one or more provisions of this Agreement are held to be unenforceable under applicable law, then such provision(s) shall be excluded from this Agreement to the extent they are held to be unenforceable and the remainder of the Agreement shall be interpreted as if such provision(s) were so excluded and shall be enforceable in accordance with its terms.
9. In participating, attending or utilizing the facilities, I acknowledge and represent that I have read the foregoing Waiver, Release, and Indemnity Agreement, fully understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this release for full, adequate and complete consideration fully intending to be bound by same.
10. Racing Simulators. I understand that participating in racing simulators involves abrupt seat movements and operation of electronic and hydraulic hardware similar to those in actual racing vehicles. Operating these simulators involves danger and risk. I know the nature of the Activities listed above, experience and capabilities, and believe that I am qualified to participate in these Activities.

The undersigned understands and agrees to the terms of this Agreement and has executed this Agreement effective as of this ________ day of _________________, 202__.