If you are under the Age of Majority in the State of Montana (18 years old), your legal guardian must also sign this Wavier on your behalf.
In exchange for participation in the activity of indoor cycling and exercise organized by Spark Cycling Studio MT, of 58 Silverleaf Ln., Bozeman, Montana, 59718 and/or use of the property, facilities and services of Spark Cycling Studio MT, I, ______________________, agree for myself and (if applicable) for the members of my family, to the following:
Agreement to Follow Directions. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Spark Cycling Studio LLC, or the employees, representatives or agents of Spark Cycling Studio.
Equipment Use. Equipment used may include but is not limited to: stationary bikes, weights, and bands. I agree to not use any equipment unless instructed to do so by Spark Cycling Studio.
Assumption of Risk and Release. I recognize that there are certain inherent risks associated with the above described activity including but not limited to muscle tears, strains, musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, nausea, and in extreme cases, death. I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Spark Cycling Studio for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Spark Cycling Studio, whether caused by the fault of myself, my family, Spark Cycling Studio or other third parties.
I recognize that should the class be held outdoors or in other spaces for special purposes, there are inherent risks of a different environment, including but not limited to collision with human or natural elements, sun, insects, dehydration, and other environmental factors.
Affirmation of Health. I recognize that by participating in activities with Spark Cycling Studio, I am affirming that my level of health and fitness is appropriate to engage in physical activity, and that if I do have a preexisting condition (such as but not limited to asthma, diabetes, heart disease). I have consulted my physician prior to engaging in actives with Spark Cycling Studio. I am recognizing that I am a capable adult and will listen to my body and not push it behind its limits. If I feel unwell at any point during the class, I will immediately inform a Spark Cycling Studio employee.
Indemnification. I agree to indemnify and defend Spark Cycling Studio against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Spark Cycling Studio.
Fees. I agree to pay for all damages to the facilities of Spark Cycling Studio caused by any negligent, reckless, or willful actions by me or my family.
Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under Montana law.
No Duress. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Spark Cycling Studio has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
Arm's Length Agreement. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
Enforceability. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.