Assumption of Risk, WAIVER, RELEASE & INDEMNIFICATION AGREEMENT
This ASSUMPTION OF RISK, WAIVER, RELEASE & INDEMNIFICATION AGREEMENT (“Agreement”) is entered into by the undersigned individual (“Member”), or if applicable, the undersigned parent or legal guardian on behalf of a minor participant (“Minor”), in favor of BLUE RIDGE BARBELL, LLC, its owners, members, managers, officers, employees, agents, volunteers, and affiliates (collectively, “Blue Ridge Barbell” or “the Gym”).
The Gym is located at 1102 Rose Hill Drive, Charlottesville, Virginia 22903, and includes all indoor areas, outdoor training areas, parking areas, and surrounding grounds, whether enclosed or unenclosed (collectively, the “Premises”).
READ CAREFULLY. THIS AGREEMENT RELEASES CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR ORDINARY NEGLIGENCE.
1. ASSUMPTION OF RISK
Member understands and acknowledges that participation in strength training and fitness activities involves inherent and substantial risks. These activities include, without limitation, powerlifting, bodybuilding, Olympic lifting, strongman-style training, conditioning, use of barbells, dumbbells, racks, machines, platforms, outdoor training equipment, and related activities.
Risks include, but are not limited to, muscle strains and tears, fractures, joint injuries, spinal injuries, head injuries, cardiovascular events, heat or cold exposure, equipment failure, slips and falls, paralysis, and death.
Member knowingly, voluntarily, and expressly assumes all such risks, whether known or unknown, inherent or otherwise, arising from use of the Premises or participation in any activity at or related to the Gym.
2. 24/7 ACCESS AND UNSTAFFED HOURS
The Gym operates twenty-four hours per day, seven days per week. Member acknowledges that during unstaffed hours, no Gym personnel are present and emergency or medical assistance may not be immediately available.
Member accepts full responsibility for safe equipment use, self-monitoring, and seeking emergency assistance when needed during unstaffed hours.
3. INCLEMENT WEATHER AND KEYLESS ENTRY
During inclement weather, including snow, ice, or other hazardous conditions, staff may be unavailable while the Gym remains accessible via keyless entry. Member acknowledges that access during such conditions is entirely voluntary and at Member’s own risk.
Member assumes all risks associated with travel to and from the Premises, entry and exit, and use of the Premises during such conditions.
Member is solely responsible for maintaining the confidentiality and security of keyless entry credentials and assumes liability for any unauthorized access resulting from misuse.
4. RELEASE AND WAIVER OF LIABILITY
To the fullest extent permitted by Virginia law, Member knowingly and voluntarily releases, waives, and forever discharges Blue Ridge Barbell from any and all claims, demands, causes of action, or liabilities for bodily injury, property damage, or death arising out of or related to Member’s use of the Premises or participation in Gym activities, including claims arising from the ordinary negligence of Blue Ridge Barbell.
It is Member’s express intent that this Agreement bind Member’s family members, spouse, heirs, assigns, personal representatives, and any other person or entity acting or purporting to act on Member’s behalf. To the extent permitted by Virginia law, this Agreement constitutes an irrevocable release, waiver, discharge, and covenant not to sue on behalf of Member for any claims arising out of or related to Member’s use of the Premises or participation in Gym activities.
This release does not apply to claims arising from gross negligence or willful misconduct.
5. INDEMNIFICATION
Member agrees to defend, indemnify, and hold harmless Blue Ridge Barbell from and against any claims, damages, losses, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising out of or related to Member’s own acts or omissions, violation of this Agreement, violation of Gym rules or policies, or the conduct of any guest brought onto the Premises by Member.
6. EQUIPMENT USE
Member agrees to inspect all equipment prior to use and to use equipment only as intended. Member assumes all risks associated with improper use, misuse, or failure to follow posted rules or instructions.
7. PERSONAL TRAINERS AND INDEPENDENT CONTRACTORS
Member acknowledges that personal trainers operating at or using the Premises are independent contractors and not employees or agents of Blue Ridge Barbell. Independent trainers are required to maintain their own insurance and have clients sign separate waivers.
Blue Ridge Barbell does not supervise or control independent trainers and is not responsible for their acts or omissions.
8. SECURITY CAMERAS
Member consents to video surveillance of the Premises. Member understands that surveillance footage is recorded but not continuously monitored and does not guarantee safety or security. Member acknowledges that surveillance footage may be reviewed or disclosed for security, safety, or legal purposes.
9. NO ASSUMPTION OF MEDICAL DUTY
Member acknowledges that Blue Ridge Barbell does not provide medical services. Nothing in this Agreement creates a duty on the part of the Gym to provide medical care or emergency response.
10. GUESTS
Member is responsible for all guests brought onto the Premises by Member and for their conduct. Guests must comply with all Gym rules and policies.
11. MINORS
If the participant is a minor, the undersigned parent or legal guardian represents that they have legal authority to sign this Agreement and agrees, individually and on behalf of the Minor, to all terms herein. The parent or guardian personally assumes all risks and releases claims on behalf of both the Minor and themselves. This Agreement is intended to bind the undersigned parent or guardian and the Minor, and any spouse, family member, heir, or personal representative acting or purporting to act on behalf of the Minor.
12. MEDICAL REPRESENTATION
Member represents that they are physically capable of participating in Gym activities and have consulted a physician if necessary. Member assumes full responsibility for any medical conditions or limitations.
13. DRUGS, ALCOHOL, AND PERFORMANCE-ENHANCING DRUGS
Member agrees that the use or possession of alcohol, illegal drugs, or performance-enhancing drugs, including anabolic steroids without a valid prescription, is strictly prohibited on the Premises.
14. LOST OR STOLEN PROPERTY
Blue Ridge Barbell is not responsible for lost, stolen, or damaged personal property.
15. FORCE MAJEURE
Blue Ridge Barbell is not liable for closures, interruptions, or damages caused by events beyond its reasonable control.
16. TERMINATION OF ACCESS
Blue Ridge Barbell reserves the right to suspend or revoke access for unsafe, illegal, or inappropriate conduct or violation of Gym rules or policies.
17. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia.
18. SEVERABILITY
If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect.
19. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties regarding assumption of risk and liability and supersedes all prior agreements or understandings.
20. ACKNOWLEDGMENT AND ELECTRONIC ACCEPTANCE
Member acknowledges that they have read and understood this Agreement and voluntarily agree to its terms. Electronic acceptance, including clicking “I Agree,” constitutes a valid and binding signature.