ICanFitness Waiver

(YOU MUST BE 18 OR OLDER TO SIGN)

In consideration of being permitted to utilize the facilities, services, and programs of I Can Fitness LLC (hereinafter referred to as ICAN) (or for my children to participate) for any purpose, including but not limited to, observation of, use of facility equipment, or participation in any off-site program affiliated with ICAN, the undersigned, for himself/herself and such participating children and any personal representative, heirs and next kin herby acknowledge, agrees and represents that he or she has, or immediately upon entering or participating will inspect and carefully consider such premises  and facilities or the affiliated programs. It is further warranted that such entry into ICAN for observation or use of any facilities, equipment or participation in such affiliated program constitutes an acknowledgement that such premises and all facilities or equipment thereon and such affiliated program have been inspected and carefully considered and that the undersigned finds and accepts same as being safe and reasonable suited for that purpose of such observation, use of participation by the undersigned and such children.

IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER ICAN FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY OFF-SITE PROGRAM AFFILIATED WITH ICAN, THE UNDERSIGNED HERBY AGREES TO THE FOLLOWING:

1. THE UNDERSIGNED ON HIS OR HER BEHALF AND BEHALF OF SUCH CHILDREN, HERBY RELEASES WAIVERS, DISCHARGES AND COVENANTS NOT TO SUE ICAN OR NAJEH DAVENPORT and all branches therefore, its owners, employees, and agents  (hereinafter referred to as “releases”) from all liability to the undersigned or such children and all personal representatives assigned heirs, and next of kin for any loss or damage, and any claim or demands therefore on account of injury to the person or property of resulting in death of the undersigned or such children whether caused by the negligence of the releases or otherwise while the undersigned or such children in upon or about the premises or any facilities  or equipment therein or participating in any program affiliated with ICAN
2. THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releases and each of them from any loss, liability, damages or cost they may incur due to the presence of the undersigned or such children in upon or about or about ICAN premises or in any way or observing or using any facilities or equipment of ICAN or participate in any program affiliated with ICAN whether caused by the negligence of the releases otherwise.
3. HE UNDERSIGNED HERBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE to the undersigned of such children due to negligence or releases or otherwise while in, about or upon the premises of ICAN and/or while using the premises or any facilities or equipment therein or participant in any program affiliated with ICAN.
4. THE UNDERSIGNED further expressly agrees that the foregoing releases waiver and indemnity in intended to broad and inclusive as is permitted by the law of the state of Florida and that if any portion thereof is held invalid, It is agreed that the balance shall, notwithstanding, continue in full legal force and effort.
5. THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statement or inducement apart from the foregoing written agreement have been made.
6. I HAVE READ AND UNDERSTAND THE DOCUMENT RELEASE. ONLY THE PARTICIPANT MUST SIGN IF HE /SHE IS 18 YEARS OF AGE OR OLDER.