WAIVER & RELEASE: Because physical exercise can be strenuous and subject to risk of serious injury, the club urges you to obtain a physical examination from a doctor before using Cap’s Sports facilities or equipment, or participating in physical activity. You (each member, guest, and all participating family members) agree agree that if you engage in any physical exercise or activity, or use any of Cap’s Sports amenities either on or off the premises, you do so entirely at your own risk. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risk of injury, illness, or death. We are also not responsible for any loss of personal property. this waiver and release of liability include, without limitation, all injuries which may occur as a result of: (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training, or instruction. (b) the sudden and unforeseen malfunction of any equipment (c) our instruction, training, supervision, or recommendations and (d) your slipping and/or falling while in or on the premises, including adjacent sidewalks and parking areas.

You acknowledge that you have carefully read this “wavier and release” and fully understand that it is a release of liability. You expressly agree to release and discharge Cap’s Sports and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of actions and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against Cap’s Sports for personal injury or property damage.

To the extent that statute or case law does not prohibit release for negligence, this release is also¬† for negligence on the part of Cap’s Sports, its agents, and employees.

If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.