WAIVERs

Below are Clarry Partners LLC's ("Clarry Partners LLC's" or "Persevera's") waivers of liability: the (i) Waiver of Liability (Adult), and (ii) Waiver of Liability (Guardian for Dependent), each, an "Agreement".

If you are 18 years of age or older and you would like to train with us, the Waiver of Liability (Adult) applies to you.  If you are a parent or legal guardian who is 18 years of age or older and you are giving permission to a dependent under the age of 18 to train with us, the Waiver of Liability (Guardian for Dependent) applies to you and to your dependent.  If you are under the age of 18 and you would like to train with us, your account must be created and managed by a parent or legal guardian who is over the age of 18, and the Waiver of Liability (Guardian for Dependent) applies to you and to your parent or legal guardian.

By training with us, you acknowledge and agree to the terms of the Agreement that applies to you.

Waiver of Liability (ADULT)

Release and Assumption of Risk Agreement for adults (the "Agreement")

I certify that I have volunteered to participate in programs ("Programs") provided to me by Clarry Partners LLC, owner of the Persevera trademark, and its employees, independent contractors, parent company and wholly-owned subsidiaries, if any, ("Trainer"), which may include, but may not be limited to, (i) strength and resistance training, (ii) metabolic, aerobic or cardiovascular exercise, (iii) recovery techniques, and (iv) nutritional guidance. In consideration of Trainer’s agreement to instruct, advise and train me, I do here now and forever release and discharge and hereby hold harmless Trainer and its respective managers, members, agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in these or any of Trainer’s Programs, including any injuries or illnesses or damage or loss of property resulting therefrom.

THIS WAIVER AND RELEASE OF LIABILITY, REFERRED TO HEREIN AS THE "AGREEMENT", INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF (1) EQUIPMENT BELONGING TO TRAINER, TO A THIRD PARTY OR TO MYSELF THAT MAY MALFUNCTION OR BREAK; (2) ANY SLIP, FALL, DROPPING OF EQUIPMENT; (3) AND/OR NEGLIGENT INSTRUCTION OR ORDINARY NEGLIGENCE ON BEHALF OF TRAINER THAT MAY OCCUR PRIOR TO, DURING OR AFTER THE TRAINING SESSION PROVIDED, ANYWHERE ON STUDIO PREMISES.

I have been informed of, understand and am aware that any physical exercise program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity. I have also been informed of, understand and am aware that any physical exercise and/or fitness activities involve a risk of injury and illness, including, but not limited to: (i) fatigue, soreness, scrapes or skin lacerations, nausea, concussions, and broken bones, (ii) abnormal changes in blood pressure, (iii) heart attack, stroke, or other serious disability, or (iv) death, and that I am voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury and illness, regardless of severity, or death.

I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in Trainer’s Programs. I acknowledge that my enrollment and subsequent participation is purely voluntary and is in no way mandated by Trainer. I affirm that I will follow all instructions given to me by Trainer, and will follow all safety rules set by Trainer. I further acknowledge that it is my right and responsibility to decline to perform any exercise or recovery technique, use any piece of equipment, or take any advice with which I am uncomfortable or which I believe may be contraindicated.

I have been advised that I should consult with my physician prior to commencing and while performing any personal training, fitness, physical exercise or recovery program. I have also been advised to consult with my physician before taking supplements or undertaking any dietary changes, and I understand and acknowledge that Trainer is not a certified dietitian or nutritionist. If I have chosen not to obtain a physician’s consent prior to beginning and/or while performing Trainer’s Programs, I hereby agree that I am doing so solely at my own risk.

I grant Trainer the permission to administer and secure emergency medical care, including, but not limited to, first aid and CPR (the availability of such care Trainer in no way guarantees), and I authorize Trainer to secure emergency transport and share any medical information in Trainer’s possession with any emergency medical responders in the event of any emergency. I also assume the cost of any emergency medical care required prior to, during and after any training session or other Programs.

I agree to indemnify, protect, defend and hold harmless Trainer for any legal costs, attorney fees, court and investigative costs to Trainer in connection with any acts or omissions by Trainer for any claims made by me, my spouse, heirs, successors, assigns, administrators, or any claims of any co-participants, rescuers or others arising from my conduct before, during and after all training sessions or other Programs.

I agree to waive trial by jury in any action, proceeding or counterclaim brought against Trainer on any matters whatsoever arising out of or in any way connected with this Agreement, or my use or occupancy of the premises, or for any claim of injury or damage, or for the enforcement of any remedy under any statute, emergency or otherwise.

If any provision of this Agreement is unenforceable to any extent, the remainder of this Agreement, or application of that provision to any persons or circumstances other than those as to which it is held unenforceable, will not be affected by that unenforceability and will be enforceable to the fullest extent permitted by law.

I covenant and agree not to file any claim in any court of law as a result of any injury I sustain while under Trainer’s supervision or engaging in Trainer’s Programs and agree to settle any dispute arising out of this Agreement by arbitration in the State of New York.

The laws of the State of New York, without giving effect to the principles of conflict of laws, govern all matters arising under this Agreement.

I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS FORM IN ITS ENTIRETY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE AND AGREE THAT I AM ASSUMING ALL OF THE RISKS ASSOCIATED WITH ANY AND ALL OF TRAINER’S PROGRAMS, AND AM WAIVING ANY RIGHT THAT I OR MY SPOUSE, HEIRS, SUCCESSORS, ASSIGNS OR ADMINISTRATORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST TRAINER FOR ITS NEGLIGENCE OR THAT OF ITS EMPLOYEES, AGENTS, OR CONTRACTORS FOR THE DURATION OF MY MEMBERSHIP OR FOR SO LONG AS I AM RECEIVING SERVICES FROM TRAINER. 

NOTE: This Agreement is an important legal document that explains the risks that members are assuming by beginning and continuing an exercise program. It is critical that all members read and understand this document in its entirety. If any member does not understand any part of this document, it is that member’s responsibility to ask for clarification prior to signing this Agreement. 

Waiver of Liability (Guardian for Dependent)

Release and Assumption of Risk Agreement For Dependents Under Age 18 (the "Agreement")

I certify that I am the parent or legal guardian ("Guardian") of dependent ("Dependent"), and that I am 18 (eighteen) years of age or older. I further certify that Dependent has volunteered, with my full knowledge and consent, to participate in programs ("Programs") provided to him/her by Clarry Partners LLC, owner of the Persevera trademark, and its employees, independent contractors, parent company and wholly-owned subsidiaries, if any, ("Trainer"), which may include, but may not be limited to, (i) strength and resistance training, (ii) metabolic, aerobic or cardiovascular exercise, (iii) recovery techniques, and (iv) nutritional guidance. In consideration of Trainer’s agreement to instruct, advise and train Dependent, Dependent and I do here now and forever release and discharge and hereby hold harmless Trainer and its respective managers, members, agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with Dependent’s participation in these or any of Trainer’s Programs, including any injuries or illnesses or damage or loss of property resulting therefrom.

THIS WAIVER AND RELEASE OF LIABILITY, REFERRED TO HEREIN AS THE "AGREEMENT", INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF (1) EQUIPMENT BELONGING TO TRAINER, TO A THIRD PARTY OR TO MYSELF OR DEPENDENT THAT MAY MALFUNCTION OR BREAK; (2) ANY SLIP, FALL, DROPPING OF EQUIPMENT; (3) AND/OR NEGLIGENT INSTRUCTION OR ORDINARY NEGLIGENCE ON BEHALF OF TRAINER THAT MAY OCCUR PRIOR TO, DURING OR AFTER THE TRAINING SESSION PROVIDED, ANYWHERE ON STUDIO PREMISES.

Dependent and I have been informed of, understand and are aware that any physical exercise program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity. Dependent and I have also been informed of, understand and are aware that any physical exercise and/or fitness activities involve a risk of injury and illness, including, but not limited to: (i) fatigue, soreness, scrapes or skin lacerations, nausea, concussions, and broken bones, (ii) abnormal changes in blood pressure, (iii) heart attack, stroke, or other serious disability, or (iv) death, and that Dependent is voluntarily participating in these activities and using equipment and machinery with my full approval and with our full knowledge, understanding and appreciation of the dangers involved. Dependent and I hereby agree to expressly assume and accept any and all risks of injury and illness, regardless of severity, or death.

I hereby affirm that Dependent is in good physical condition and does not suffer from any known disability or condition which would prevent or limit his/her participation in Trainer’s Programs. I acknowledge that his/her enrollment and subsequent participation is purely voluntary and is in no way mandated by Trainer. Dependent and I affirm that he/she will follow all instructions given to him/her by Trainer, and will follow all safety rules set by Trainer. Dependent and I further acknowledge that it is his/her right and responsibility to decline to perform any exercise or recovery technique, use any piece of equipment, or take any advice with which Dependent or I is/am uncomfortable or which Dependent or I believe may be contraindicated.

Dependent and I have been advised that Dependent and I should consult with his/her physician prior to commencing and while performing any personal training, fitness, physical exercise or recovery program. Dependent and I have also been advised to consult with his/her physician before he/she takes supplements or undertakes any dietary changes, and Dependent and I understand and acknowledge that Trainer is not a certified dietitian or nutritionist. If Dependent has chosen not to obtain a physician’s consent prior to beginning and/or while performing Trainer’s Programs, Dependent and I hereby agree that Dependent does so at his/her own risk.

Dependent and I grant Trainer the permission to administer and secure emergency medical care, including, but not limited to, first aid and CPR (the availability of such care Trainer in no way guarantees), and I authorize Trainer to secure emergency transport and share any medical information in Trainer’s possession with any emergency medical responders in the event of any emergency. I also assume the cost of any emergency medical care that Dependent may require prior to, during and after any training session or other Programs.

Dependent and I agree to indemnify, protect, defend and hold harmless Trainer for any legal costs, attorney fees, court and investigative costs to Trainer in connection with any acts or omissions by Trainer for any claims made by Dependent or me, my spouse, heirs, successors, assigns, administrators, or any claims of any co-participants, rescuers or others arising from Dependent’s conduct before, during and after training sessions or other Programs.

Dependent and I agree to waive trial by jury in any action, proceeding or counterclaim brought against Trainer on any matters whatsoever arising out of or in any way connected with this Agreement, or Dependent’s use or occupancy of the premises, or for any claim of injury or damage, or for the enforcement of any remedy under any statute, emergency or otherwise.

If any provision of this Agreement is unenforceable to any extent, the remainder of this Agreement, or application of that provision to any persons or circumstances other than those as to which it is held unenforceable, will not be affected by that unenforceability and will be enforceable to the fullest extent permitted by law.

Dependent and I covenant and agree not to file any claim in any court of law as a result of any injury Dependent sustains while under Trainer’s supervision or engaging in Trainer’s Programs and agree to settle any dispute arising out of this Agreement by arbitration in the State of New York.

The laws of the State of New York, without giving effect to the principles of conflict of laws, govern all matters arising under this Agreement.

DEPENDENT AND I ACKNOWLEDGE THAT WE HAVE THOROUGHLY READ THIS FORM IN ITS ENTIRETY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. BY SIGNING THIS DOCUMENT, DEPENDENT AND I ACKNOWLEDGE AND AGREE THAT DEPENDENT IS ASSUMING ALL OF THE RISKS ASSOCIATED WITH ANY AND ALL OF TRAINER’S PROGRAMS, AND ARE WAIVING ANY RIGHT THAT DEPENDENT OR I OR MY SPOUSE, HEIRS, SUCCESSORS, ASSIGNS OR ADMINISTRATORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST TRAINER FOR ITS NEGLIGENCE OR THAT OF ITS EMPLOYEES, AGENTS, OR CONTRACTORS FOR THE DURATION OF DEPENDENT’S MEMBERSHIP OR FOR SO LONG AS DEPENDENT IS RECEIVING SERVICES FROM TRAINER.

NOTE: This Agreement is an important legal document that explains the risks that members are assuming by beginning and continuing an exercise program. It is critical that all members read and understand this document in its entirety. If any member does not understand any part of this document, it is that member’s responsibility to ask for clarification prior to signing this Agreement.