All Participants must have a waiver on file

CLIENT’S REPRESENTATIONS AND WARRANTIES

I hereby voluntarily agree to, personally or on behalf of the minor child named (the “Minor), to participate in individual and group fitness classes (the “Classes”) designed and administered by Flow Foundry and its authorized agents, employees and contractors (individually and collectively, “Flow Foundry”). If signing on behalf of a Minor, I understand that all references to “I” and “my” in the sections below are referring to the Minor.

I hereby declare myself physically and mentally sound and suffering from no condition, injury, impairment, disease, infirmity, or other illness that would prevent my participation in the Classes. I acknowledge Flow Foundry has recommended that I obtain a physician’s approval prior to my participation in the Classes, and that I further obtain physician’s approval with respect to the continuation of my participation in the Classes if, at any time, I suffer any adverse change in my physical or mental condition. I further acknowledge that I have either had a physical examination and have been granted permission by my physician to participate in the Classes, or I have elected to participate in the Classes without my physician’s approval. I further acknowledge that it is my responsibility to keep abreast of any changes or deterioration in my physical condition.

I acknowledge and understand that the instructors and other personnel of Flow Foundry are not trained medical professionals and that any information provided to me by Flow Foundry neither constitutes nor serves as a substitute for medical advice. I further acknowledge that I, in my sole discretion, may disclose to Flow Foundry the existence of an illness, injury, impairment, disease, infirmity, or other condition that may prevent, hamper, or otherwise affect my participation in the Classes, but that Flow Foundry is not qualified to determine if and how my participation in the Classes will affect any such illness, injury, impairment, disease, infirmity or other condition, whether positively or negatively. In the event Flow Foundry suggests a modification to an activity to accommodate any such condition, it is my responsibility to evaluate whether or not such modification would aggravate or worsen such condition.

Although Flow Foundry shall exercise reasonable precautions to ensure my safety, I acknowledge and agree that I will be engaging in activities that may pose inherent risks, including but not limited to, bodily injury and death. Additionally, there may be other risks not known or not reasonably foreseeable at this time.

I hereby grant Flow Foundry permission to to use my likeness in photograph(s)/video in any and all of its publications and in any and all other media, whether now known or hereafter existing, controlled by Flow Foundry in perpetuity, and for other use by Flow Foundry. I will make no monetary or other claim against Flow Foundry for the use of the photograph(s)/video.

I acknowledge and agree to no warranties, representations, or guarantees of any kind, expressed or implied, have been made to me regarding the results I will achieve from the Classes. I understand that Flow Foundry will prescribe the most effective methods within the scope of its knowledge to help me achieve my fitness goals, but actual results may vary based on factors beyond the control of Flow Foundry, including, but not limited to, my frequency of participation in the Classes, the number and type of physical activities undertaken by me outside of Flow Foundry, my dietary choices and habits, and my individual body type and metabolism. I further acknowledge that the activities undertaken by me in the Classes may be unsuitable, or even dangerous, for another individual to undertake. I therefore agree that I will not share any information provided by Flow Foundry, whether verbal, written or physically demonstrated, with any other person.

I represent and warrant that all of the representations made by me herein are truthful and accurate. I have had the opportunity to ask questions regarding the representations set forth in this document, and if I have asked any such questions, Flow Foundry has answered the same to my satisfaction.

I have read the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect. I acknowledge that I have been advised to obtain independent legal advice concerning the ramifications of signing this document.

PARENTAL CONSENT
AND I, the minor’s parent and/or legal guardian, understand the nature of the above-referenced activities and the Minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I hereby Release, discharge, covenant not to sue and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the Releasees from all liability, claims demands, losses or damages on the minor’s account caused or alleged to have been caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the above Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss liability, damage, or cost of any Releasee may incur as the result of any such claim. I acknowledge that I have been advised to obtain independent legal advice concerning the ramifications of signing this document.

THIS WAIVER WILL TAKE FULL EFFECT IMMEDIATELY AFTER DIGITAL SIGNATURE IS APPLIED. This agreement is between Flow Foundry, 301 S. Meridian, Wichita, KS 67213 and (your name below): 

ELECTRONIC AGREEMENT
By clicking “I Agree”, you acknowledge that you have read this agreement and your electronic agreement to the terms of the waiver are the same as if you signed the waiver by hand.