WAIVER AND RELEASE OF LIABILITY (June 2026)
In consideration of my use of the exercise equipment and facilities provided by Newport Peach / GEN SCHMITZ LLC (the “Company”), I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, independent contractors, successors, and assigns, that the Company its insurers, employees, officers, directors, contractors, and associates shall not be liable for any damages arising from personal injuries (including death) sustained by me on or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the company. Nothing in this agreement releases any party from liability for gross negligence, willful or wanton misconduct, or intentional acts.
ASSUMPTION OF RISK AND LIABILITY RELEASE
By executing this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type. I hereby fully and forever release and discharge the Company, its insurers, employees, independent contractors, officers, directors, and associates from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether known or unknown, anticipated or unanticipated, arising out of or related to the use of said equipment and facilities.
UNKNOWN CLAIMS — CALIFORNIA CIVIL CODE § 1542 WAIVER
I hereby expressly waive the protections of California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." I understand the significance of this waiver and make it voluntarily.
INDEMNIFICATION
I agree to indemnify and hold the Company harmless against any and all third-party claims, demands, damages, rights of action, or causes of action arising directly from my own negligent or wrongful conduct while on the premises or using the facilities, excluding any claims arising from the Company's own negligence, gross negligence, or intentional misconduct.
PARTICIPANT CONDUCT
I agree to be solely responsible for my own safety and well-being.
I agree to comply with all rules and guidelines established by the Company regarding the use of facilities and equipment. I will conduct myself in a controlled and reasonable manner at all times and will not use any equipment in a manner inconsistent with its intended design and purpose.
INHERENT RISKS
I understand and acknowledge that participation in fitness activities and the use of exercise equipment involve inherent risks, including the risk of serious injury. I have been advised to consult a physician before beginning this or any fitness program.
PERSONAL PROPERTY
I understand and agree that the Company is not responsible for any personal property that is lost, stolen, or damaged while on or about the premises.
I agree not to damage any property on the premises.
FACILITY RULES AND EQUIPMENT USE
I understand and agree to use proper footing at all times when using studio equipment. I will place my entire foot onto the STEP (heel to toe) and step off with my entire foot (toe to heel). I understand that improper footing may result in injury to the foot, ankle, shin, or Achilles tendon. I agree to never stack more than four risers and to step in a controlled manner, never jumping onto the STEP.
The STEP is rated for a maximum weight capacity of 300 lbs.
I understand and agree that music played during classes may be loud and may include explicit content. The Company is not responsible for any offense taken to music selection.
MEDIA RELEASE + MARKETING CONSENT
I understand and agree that the Company may photograph, film, or otherwise record classes, events, and activities for marketing, advertising, and promotional purposes.
I hereby grant the Company, its owners, employees, contractors, and affiliates, the irrevocable, perpetual, worldwide, royalty-free right and permission to capture, use, reproduce, edit, modify, publish, distribute, and display my name, image, likeness, voice, and appearance in any and all media formats, now known or later developed. This includes, but is not limited to, social media, websites, digital advertising, email marketing, print materials, and promotional campaigns.
I understand and agree that:
I will not receive any compensation for the use of such content
I waive any right to inspect or approve the final content
Content may be edited, altered, or combined with other media
Content may be used for commercial and promotional purposes
I release and discharge the Company from any and all claims, demands, or causes of action that I may have now or in the future related to the use of my likeness, including but not limited to claims for invasion of privacy, right of publicity, or defamation.
If I do not wish to be photographed, filmed, or recorded, it is my responsibility to notify staff in writing prior to class.
HEATED ENVIRONMENT ACKNOWLEDGMENT
I understand that classes may be physically demanding and performed in a heated environment. It is my responsibility to stay hydrated, monitor my condition, and take breaks as needed.
COMMUNICABLE ILLNESS ACKNOWLEDGMENT
I understand that participation in fitness classes involves inherent risks, including exposure to communicable illnesses. While the Company maintains cleanliness and safety practices, I acknowledge that exposure cannot be completely prevented.
By participating, I voluntarily assume all risks related to illness or exposure.
In the event of any dispute arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.
I acknowledge that I am free to choose other fitness facilities and voluntarily choose to participate at Newport Peach.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
DISPUTE RESOLUTION AND ARBITRATION
Any dispute, claim, or controversy arising out of or related to this Agreement, the facilities, or the services provided by the Company shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified herein, with arbitration to take place in Orange County, California.
The parties expressly agree that this Agreement is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq., to the fullest extent permitted by law. The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, except as provided below.
Each party shall bear its own attorneys' fees and costs in arbitration, except that the Company LLC shall pay all AAA filing fees and arbitrator fees, regardless of who initiates the arbitration.
The arbitrator shall have authority to award any remedy available at law or in equity, except that neither party shall be entitled to recover punitive damages. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Nothing in this provision prevents either party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.
The parties agree that any arbitration shall be conducted on an individual basis only. The parties expressly waive any right to bring claims as a class action, collective action, or representative action, including under the California Private Attorneys General Act ("PAGA") to the fullest extent permitted by law.
If any portion of this arbitration provision is found invalid or unenforceable, that portion shall be severed and the remainder of this provision shall continue in full force and effect, except that if the class action waiver is found unenforceable, the entire arbitration provision shall be null and void.
AGE REPRESENTATION
I represent and warrant that I am at least 18 years of age. If I am under 18, I may not participate without the written consent of my parent or legal guardian.
SEVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from this Agreement. The remaining provisions shall continue in full force and effect and shall be construed to carry out the intent of the parties as nearly as possible.
I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY AND VOLUNTARILY AGREE TO ITS TERMS WITH FULL KNOWLEDGE OF ITS CONTENT.