CONSENT TO MEDICAL TREATMENT
In consideration of my use of the gym equipment and facilities (the “Facilities”) of New
Found Power LLC, a Wisconsin limited liability company (“NFP”), I hereby give consent and
provide authority to NFP to obtain medical treatment on my behalf if I am injured or require
medical attention during my use of the Facilities, as determined in the sole reasonable discretion
of NFP. I understand and agree that I am solely responsible for all costs related to such medical
treatment, medical transportation, and/or evacuation. By signing below, I hereby release, forever
discharge, and hold harmless NFP from any claim whatsoever in connection with such treatment
or other medical services.
FOR VISITORS OR MEMBERS OF MINORITY AGE (A “MINOR VISTOR OR
MEMBER”), A PARENT OR LEGAL GUARDIAN MUST SIGN THE FOLLOWING
CERTIFICATION AND AGREEMENT:
This is to certify that I, as parent, guardian, or temporary guardian, with legal responsibility for
the Minor Visitor or Member, have reviewed the preceding CONSENT TO OBTAIN
MEDICAL TREATMENT, and hereby consent and agree to the following Minor Visitor or
Member’s use of the Facilities pursuant to the terms as
I understand and agree that during my use of the exercise equipment, café, front entrance, and
group fitness classes (the “Facilities”) of New Found Power LLC, a Wisconsin limited liability
company (“NFP”), I may be photographed and/or videotaped by NFP for internal and/or promotional
use. In consideration of use of the Facilities, I hereby grant and convey to the NFP all right, title, and
interest, including but not limited to, any royalties, proceeds, or other benefits, in any and all such
photographs or recordings, and consent to the NFP 's use of my name, image, likeness, and voice in
perpetuity, in any medium or format, for any publicity without further compensation or permission.
FOR VISITORS OR MEMBERS OF MINORITY AGE (A “MINOR VISTOR OR
MEMBER”), A PARENT OR LEGAL GUARDIAN MUST SIGN THE FOLLOWING
CERTIFICATION AND AGREEMENT:
This is to certify that I, as parent, guardian, or temporary guardian, with legal responsibility
for the Minor Visitor or Member, have reviewed the preceding PHOTO AND VIDEO
RELEASE, and hereby consent and agree to the following Minor Visitor or Member’s use of
the Facilities and equipment pursuant to the terms as set forth therein on behalf of such Minor
Visitor or Member and on behalf of myself.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK, AND
INDEMNITY AGREEMENT
Please read and be certain you understand that you are giving up legal rights by signing.
I, the undersigned (the “Visitor” or “Member”), hereby acknowledge and agree that, as a
condition to my use of the gym equipment and facilities of New Found Power LLC, a Wisconsin limited
liability company (“NFP”), including the use of, without limitation, exercise equipment, class equipment,
saunas, showers, and locker room facilities (collectively, the “Facilities”), I am required to, and do hereby,
waive and release any and all claims against NFP as set forth herein.
1. I acknowledge and agree that using the Facilities can be a dangerous activity and that
there are inherent risks, hazards, and dangers in using the Facilities that can be affected by my own
abilities, the abilities of other members in the Facilities, and the equipment in the Facilities. I
acknowledge, agree, and represent that I am fully aware of the inherent risks, hazards, and dangers that
may result from my use of the Facilities, including, but not limited to, the following:
1.1 Risk of injury from the activity and equipment utilized at the Facilities is
significant and includes the risk of significant injury, permanent disability, and death.
1.2 Risk of injury, permanent disability, and death due to possible equipment failure
and/or malfunction.
1.3 Risk of injury, permanent disability, and death due to improper maintenance of
the equipment.
1.4 Risk of injury, permanent disability, and death from improper use of equipment
by myself or others using the Facilities.
1.5 Risk of injury, permanent disability, and death from contracting an illness or
disease from use of the Facilities.
1.6 Injuries from slipping, tripping, or falling, including but not limited to severe
injuries to head, neck, back, or other parts of the body, which may result in permanent illness,
impairments, or death.
1.7 My own negligence and/or the negligence of others, including members, guests,
agents, independent contractors, or representatives of NFP.
1.8 Injury to hands, fingers, feet, and toes or other parts of the body, including but not
limited to inflammation and/or strain of muscles, ligaments and/or tendons, nerve damage or
compression, and broken bones.
2. I HAVE REVIEWED THE LIST OF INHERENT HAZARDS, RISKS, AND
DANGERS REFERRED TO IN SECTION 1. I UNDERSTAND THE DESCRIPTION OF THESE
RISKS IS NOT COMPLETE AND THAT UNKNOWN OR UNANTICIPATED RISKS MAY RESULT
IN INJURY, ILLNESS, DISABILITY, IMPAIRMENTS, OR DEATH.
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4915-0336-7035, v. 3
3. WITH THIS UNDERSTANDING, AND IN CONSIDERATION FOR BEING
PERMITTED TO UTILIZE THE FACILITIES AT NFP AND/OR RELATED ACTIVITIES, I HEREBY
ASSUME ALL RISKS ASSOCIATED THEREWITH, AND BY SIGNING BELOW, I HEREBY
AGREE AND ACKNOWLEDGE:
3.1 I will be using the Facilities at my own risk.
3.2 My use of the Facilities is completely voluntary.
3.3 NFP has made no determination regarding my ability and capacity to participate
in the use of the Facilities. I should consult with my physician in regard to my physical ability to safely
use the equipment and any physical limitations with regard to my use of the equipment prior to using the
Facilities.
3.4 I agree to abide by NFP’s Member Rules and Policies, as set forth on Exhibit A.
3.5 I HEREBY RELEASE, HOLD HARMLESS, AND AGREE TO INDEMNIFY
NFP, ITS MEMBERS, SUBSIDIARIES, AFFILIATED ENTITIES, CORPORATIONS, DIVISIONS,
AGENTS, PREDECESSORS, SUCCESSORS, AND INSURERS, OF NFP, AND ALL SUCH
ENTITIES' OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER AGENTS (COLLECTIVELY, “
RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY,
IMPAIRMENT, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER
CAUSED BY NEGLIGENCE OR OTHERWISE, THAT MAY OCCUR AS A RESULT OF MY USE
OF THE FACILITIES.
3.6 I HEREBY RELEASE, HOLD HARMLESS, AND AGREE TO INDEMNIFY
RELEASEES FROM ANY LIABILITY AND RESPONSIBILITY WHATSOEVER AND FOR ANY
CLAIMS OR CAUSES OF ACTION THAT I, MY ESTATE, HEIRS, SURVIVORS, EXECUTORS, OR
ASSIGNS, MAY HAVE FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL
DEATH ARISING FROM THE ACTIVITIES SET FORTH HEREIN, WHETHER CAUSED BY
ACTIVE OR PASSIVE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
3.7 By entering into this Release of Liability, Waiver of Claims, Express Assumption
of Risk, and Indemnity Agreement (this “Agreement”), I am not relying on any oral or written
representation or statements made by the Releasees other than what is set forth in this Agreement. This
release shall be binding to the fullest extent permitted by law. If any provision of this release is found to
be unenforceable, the remaining terms shall be enforceable.
[Signature Page Follows]
Signature Page to Release of Liability
4915-0336-7035, v. 3
I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS
ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT FOR USE OF THE FACILITIES
AND FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT I HAVE GIVEN UP
LEGAL RIGHTS BY SIGNING THIS AGREEMENT, AND I SIGN THIS AGREEMENT
FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
FOR VISITORS OR MEMBERS OF MINORITY AGE (A “MINOR VISTOR OR MEMBER”), A
PARENT OR LEGAL GUARDIAN MUST SIGN THE FOLLOWING CERTIFICATION AND
AGREEMENT:
This is to certify that I, as parent, guardian, or temporary guardian, with legal responsibility for
the Minor Visitor or Member, have reviewed the preceding RELEASE OF LIABILITY,
WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY
AGREEMENT, and hereby consent and agree to the following Minor Visitor or Member’s use
of the Facilities and equipment pursuant to the terms as set forth therein, and further hereby
release, hold harmless and agree to indemnify Releasees from any and all liabilities incident to
the Minor Visitor or Member's use of the Facilities and equipment, on behalf of such Minor
Visitor or Member and on behalf of myself,
{name}
{dob}
REQUEST FOR PREAUTHORIZED PAYMENT
By providing the credit card information below (the “Credit Card”), I hereby authorize New
Found Power LLC, a Wisconsin limited liability company (“NFP”), to charge the Credit Card for
any payment due and payable from myself to NFP. I understand that this authorization will
remain in effect for the duration of my membership unless revoked in writing.