Liability Waiver and Release of Claims
This Liability Waiver applies to all users who access gym facilities through the FTNSS platform. By using FTNSS to book and access gym facilities, users agree to the following terms.
Section 1: Acknowledgment of Risk
I understand that participating in physical exercise and using gym facilities involves inherent risks, including but not limited to physical injury, cardiovascular complications, muscle strains, and equipment-related accidents.
Section 2: Assumption of Risk
By using FTNSS Inc. to access gym facilities, I voluntarily assume all risks associated with physical exercise, including those that may result from my own actions, actions of other gym participants, condition of gym equipment, facility design or maintenance.
Section 3: Release of Liability
I hereby fully release, waive, and discharge FTNSS Inc., its affiliates, partners, and associated gym facilities from any and all liability, claims, demands, actions, and causes of action arising from personal injury, property damage, death, or any other loss or damage.
Section 4: No Responsibility for Medical Advice
FTNSS Inc. provides no medical advice or fitness recommendations. Users should consult healthcare professionals before beginning any exercise program.
Section 5: Indemnification
I agree to indemnify and hold harmless FTNSS Inc. from any claims, damages, or expenses brought by myself or any third party related to my use of gym facilities.
Section 6: Acknowledgment of Understanding
By accessing gym facilities through FTNSS Inc., I confirm that:
- I have read and understood this waiver
- I am signing voluntarily
- I am of legal age and mental capacity to enter this agreement
Section 7: Arbitration
Any and all disputes, claims, or controversies arising out of or relating to this Agreement, FTNSS Inc., or any Services provided through FTNSS Inc., including but not limited to the validity, enforceability, or scope of this Arbitration Clause, shall be resolved exclusively through final and binding arbitration.
The arbitration process shall be as follows:
- Arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time of filing.
- The arbitration will be held in the county and state where the User primarily resides, unless both parties agree to an alternative location.
- A single neutral arbitrator shall be selected in accordance with the AAA Rules.
The arbitration shall be conducted on an individual basis. Class arbitrations, class actions, and other representative proceedings are not permitted. Each party shall bear its own attorneys' fees and costs, except as may be required by applicable law.
BY AGREEING TO THIS ARBITRATION CLAUSE, BOTH PARTIES IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL.
Section 8: Governing Law
This waiver shall be governed by the laws of New York, with any disputes subject to binding arbitration.
Section 9: Severability
If any portion of this waiver is found invalid, the remainder shall remain in full force and effect.
For questions about this liability waiver, please contact us at Support@FTNSS.fit