EXERCISE EQUIPMENT USE LIABILITY WAIVER & RELEASE AGREEMENT
Company: KIAPAC LLC (hereinafter referred to as the "Company"), including its owners, officers, employees, agents, and affiliates.
Contact: kiapacllc@gmail.com
Jurisdiction: Virginia
This Agreement is entered into between KIAPAC LLC and the undersigned individual (hereinafter referred to as the "User") in connection with the User's access to and use of exercise equipment on a paid, on-demand, time-limited basis.
1. Acknowledgment of Risk
I understand that the use of exercise equipment, including but not limited to treadmills, exercise bikes, rowing machines, stair climbers, and ellipticals, involves inherent risks, including:
- Physical exertion leading to injury, strain, or cardiac events
- Falls, loss of balance, or loss of control while operating equipment
- Equipment malfunction or mechanical failure
- Pre-existing medical conditions aggravated by physical activity
- Dehydration, overheating, or exhaustion
- Injury from improper use or unfamiliarity with equipment
These risks may result in serious injury, permanent disability, or death. I knowingly and voluntarily assume all risks associated with my use of the Company's exercise equipment.
2. User Eligibility & Assumption of Responsibility
I certify that:
- I am 18 years of age or older, or am signing as the parent or legal guardian of a minor (see Section 8).
- I am physically and medically capable of engaging in exercise and using the selected equipment.
- There are no health-related reasons or conditions that preclude my participation in exercise or use of the selected equipment.
- I have consulted or will consult a physician if I have any health conditions, injuries, or concerns prior to use.
- I will comply with all posted safety instructions, equipment guidelines, and Company rules at all times.
- I will use the equipment only for its intended purpose and in a safe, responsible manner.
- I will not use the equipment while impaired by alcohol, drugs, medication, or any condition that may affect my judgment or physical ability.
- I will immediately stop use and notify the Company if I experience pain, dizziness, shortness of breath, or any other adverse symptoms.
3. On-Demand Use Terms
I understand that my access to equipment is:
- Paid on a per-session basis for a selected, pre-determined duration.
- Limited to the time period purchased. I agree to vacate or cease use of the equipment promptly when my session time expires.
- Subject to availability and Company operating policies.
- Non-transferable and for my personal use only during the session.
- I will not attempt to repair, modify, tamper with, or remove any equipment components or parts. I may only adjust standard user controls (such as seat height, resistance level, or speed settings) as intended for normal operation.
4. Release of Liability
To the fullest extent permitted by applicable law, I hereby release, waive, discharge, and covenant not to bring any claim against KIAPAC LLC for any injury, illness, death, loss, or damage of any kind arising out of or related to:
- My use of any exercise equipment provided by the Company
- My participation in any on-demand fitness session
- The condition, maintenance, or operation of equipment or facilities
- The acts or omissions of Company staff, agents, or other users
I hereby certify for myself, my executors, administrators, heirs, next of kin, successors, and assigns that this release applies whether such claims arise from negligence, equipment defect, or any other cause, except where expressly prohibited by Virginia law. This Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
5. Indemnification
I agree to indemnify, defend, and hold harmless KIAPAC LLC from any and all claims, demands, damages, losses, costs, or expenses (including reasonable legal fees) arising from:
- My use or misuse of the Company's equipment or facilities
- My violation of this Agreement or any posted Company rules
- Any injury or damage caused to third parties by my actions during my session
6. Equipment Damage & Financial Responsibility
I accept full financial responsibility for:
- Any damage to equipment caused by my misuse, negligence, or reckless conduct
- Loss, theft, or vandalism of any equipment or accessories during my session
- Costs of repair or replacement resulting from my actions
I authorize the Company to charge the payment method on file for any verified damage, repair, or replacement costs attributable to my session.
7. Medical Authorization
In the event of a medical emergency arising during or after my session, I authorize the Company to seek or facilitate emergency medical assistance on my behalf. I understand that I am solely responsible for all medical costs incurred, and that the Company assumes no liability for medical outcomes.
8. Minors
If I am signing on behalf of a minor under the age of 18, I certify that I am the parent or legal guardian of that minor. I agree to all terms of this Agreement on behalf of the minor and accept full responsibility for their compliance, safety, and any liability arising from their use of the equipment.
9. Severability
If any provision of this Agreement is determined to be invalid, void, or unenforceable under applicable law, the remaining provisions shall remain in full force and effect.
10. Entire Agreement
This Agreement constitutes the entire understanding between the User and KIAPAC LLC with respect to the subject matter herein and supersedes all prior agreements, representations, or understandings, whether written or oral.
11. Acknowledgment
By accepting this Agreement, I confirm that:
- I have read this Agreement in its entirety and fully understand its contents.
- I am signing this Agreement voluntarily and without coercion.
- I understand that by accepting this Agreement electronically, I am waiving certain legal rights, including the right to sue KIAPAC LLC for claims covered by this Agreement.
For questions regarding this Agreement, contact KIAPAC LLC at kiapacllc@gmail.com.
Disclaimer: This waiver is provided for general use and does not constitute legal advice. KIAPAC LLC recommends reviewing this document with a licensed Virginia attorney to ensure compliance with all applicable state and local laws prior to use.