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Waiver and Release

WAIVER AND RELEASE OF LIABILITY AGREEMENT PROJECT BURN (HYSTERICALLY HAPPY, LLC)

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5303 NE 2nd Ave, Miami, FL 33137

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This Waiver and Release of Liability Agreement (the "Agreement") is entered into by and between the undersigned participant (the "Participant") and Hysterically Happy, LLC, d/b/a Project Burn ("Project Burn"), and applies to all activities, programs, classes, and use of facilities at 5303 NE 2nd Ave, Miami, FL 33137.

 

PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING, YOU GIVE UP IMPORTANT LEGAL RIGHTS.

 

1. ASSUMPTION OF RISK

I acknowledge and understand that participation in fitness activities, including but not limited to Bootcamp, Strength, and Shadowbox classes, as well as the use of fitness equipment, carries inherent risks. These risks include, but are not limited to:

  • Bodily injury, including sprains, fractures, muscle tears, concussions, paralysis, or death;

  • Accidents involving equipment malfunction, misuse, or failure;

  • Injuries caused by other participants, trainers, or staff;

  • Health risks due to pre-existing medical conditions, physical exertion, dehydration, or overexertion;

  • Unpredictable incidents such as collisions, slips, falls, or fights between participants;

  • Any and all other risks inherent to a fitness facility environment.

I voluntarily assume all risks associated with my participation in Project Burn’s programs and agree that Project Burn, Hysterically Happy, LLC, its owners (including Andres Gomez), employees, trainers (including Andres Gomez), independent contractors, and affiliates are in no way liable for any injuries, damages, or losses suffered as a result of my participation.

 

2. WAIVER OF LIABILITY & INDEMNIFICATION

I, on behalf of myself, my heirs, assigns, personal representatives, and next of kin, hereby waive, release, discharge, and hold harmless Project Burn, Hysterically Happy, LLC, its owners, employees, trainers, contractors, affiliates, and landlords from any and all liability, claims, demands, damages, rights of action, or causes of action, whether known or unknown, foreseen or unforeseen, arising out of my participation in Project Burn’s programs, including but not limited to claims of negligence, personal injury, wrongful death, property damage, and any other liability claim.

I agree to indemnify and hold harmless Project Burn, Hysterically Happy, LLC, its owners, trainers, employees, and contractors against all claims, liabilities, damages, costs, and expenses (including attorney’s fees) arising out of or in connection with my participation in any fitness class or use of the gym's facilities.

 

3. MEDICAL RELEASE & RESPONSIBILITY

I understand that Project Burn is not responsible for my medical condition and that I am solely responsible for determining whether I am fit to participate. I certify that:

  • I am physically and mentally capable of participating in strenuous fitness activities;

  • I have consulted with a physician if I have any medical concerns;

  • I will immediately inform Project Burn staff if I experience any discomfort, dizziness, or pain during activities;

  • I understand that Project Burn does not provide medical treatment or insurance coverage for participants.

In the event of a medical emergency, I authorize Project Burn personnel to obtain medical assistance and agree that I am solely responsible for any medical expenses incurred.

 

4. RULES, CONDUCT, AND REFUSAL OF SERVICE

I acknowledge and agree to abide by all gym rules, policies, and safety guidelines. Project Burn reserves the right to refuse service or entry to anyone for any reason, including but not limited to:

  • Disorderly, aggressive, or dangerous behavior;

  • Failure to follow gym policies or instructions from trainers;

  • Harassment, discrimination, or verbal/physical altercations;

  • Being under the influence of drugs or alcohol while on gym premises;

  • Any behavior that jeopardizes the safety, well-being, or comfort of others.

I understand that violations of these rules may result in suspension or permanent expulsion from Project Burn, without refund.

 

5. PHOTO & VIDEO RELEASE

I grant Project Burn the right to use photos, videos, and recordings of me taken during classes or events for promotional purposes, including social media, websites, and marketing materials. If I do not wish to be recorded, I will inform the staff in writing before participating.

 

6. LEGAL CONSIDERATIONS & GOVERNING LAW

  • This Agreement shall be governed by the laws of the State of Florida and the City of Miami.

  • Any disputes arising from this Agreement shall be resolved in the courts of Miami-Dade County, Florida.

  • If any portion of this Agreement is found to be invalid, the remainder shall remain in full force and effect.

 

7. ACKNOWLEDGMENT & SIGNATURE

By signing below, I acknowledge that:

  • I have read and fully understand this Waiver and Release of Liability;

  • I agree to its terms voluntarily and acknowledge that I am giving up substantial legal rights;

  • I understand that I am fully responsible for my actions and participation;

  • I am at least 18 years of age or have obtained parental/guardian consent.

Participant Name: ______________________________
Participant Signature: ___________________________
Date: ________________

 

PARENT/GUARDIAN CONSENT (IF UNDER 18)

I, the undersigned parent/guardian, grant permission for my child to participate in Project Burn activities and acknowledge that I assume all risks on their behalf. I have read and agree to the terms of this Agreement.

Parent/Guardian Name: ____________________________
Parent/Guardian Signature: __________________________
Date: ________________

 

INITIALS SECTION (FOR ADDITIONAL PROTECTION)
PLEASE INITIAL EACH SECTION BELOW TO CONFIRM YOUR AGREEMENT:

  • _______ I understand the Assumption of Risk and accept full responsibility.

  • _______ I waive all liability claims against Project Burn and its affiliates.

  • _______ I acknowledge medical responsibility and confirm my fitness to participate.

  • _______ I agree to abide by all rules and conduct policies of Project Burn.

  • _______ I consent to photo/video usage or have opted out in writing.

  • _______ I acknowledge that this Agreement is legally binding.

 

FINAL STATEMENT

I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I AM WAIVING MY RIGHT TO SUE PROJECT BURN, HYSTERICALLY HAPPY, LLC, ITS OWNERS, TRAINERS, EMPLOYEES, AND AFFILIATES FOR ANY INJURY, LOSS, OR DAMAGE INCURRED DURING MY PARTICIPATION. I ENTER INTO THIS AGREEMENT VOLUNTARILY AND WITH FULL KNOWLEDGE OF ITS LEGAL SIGNIFICANCE.

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