The Drip Fitness, LLC
Participant Waiver & Release of Liability Agreement
This Waiver and Release of Liability (the “Waiver”) is executed by the undersigned (the “Participant”) in favor of The Drip Fitness LLC, its affiliates and subsidiaries, including but not limited to The Drip Fitness Uptown LLC and The Drip Fitness Caldwell LLC, and their respective owners, officers, employees, instructors, agents, and representatives (collectively, “The Drip Fitness”).
1. Acknowledgement and Assumption of Risk
I, the Participant, acknowledge that participating in fitness activities, including but not limited to high-intensity training, strength training, cardio workouts, and the use of any fitness machines, saunas or equipment (collectively, “Fitness Activities”), involves inherent risks, including but not limited to, physical exertion, dehydration, heat-related illnesses, muscle strain, serious bodily injury, illness, disability, or death. I voluntarily agree to assume all risks associated with my participation in any Fitness Activities offered by The Drip Fitness.
I acknowledge that the classes are instructional rather than recreational in nature, and that my use of The Drip Fitness facilities and equipment is ancillary to the instruction that I receive from the classes. I understand that many of the features of the classes – such as routines, music, and the use of machines and weights – are unique to The Drip Fitness and, as such, I will follow the instructor’s instructions closely.
I acknowledge that The Drip Fitness may at their discretion use infrared heat technology within their studio during class. These infrared heat panels emit electromagnetic fields (EMFs) with a peak reading of up to 3.0 milligauss (mG), which is within the safety standards established by the U.S. Environmental Protection Agency. The studio may reach temperatures of 90 degrees Fahrenheit or higher during class, causing Participant’s body to warm and perspire in excess of that which may occur under normal conditions. The Participant acknowledges that exercising in a heated environment may increase the risk of dehydration, heat exhaustion or other heat-related conditions. The Participant acknowledges that they have been informed of the use of this technology and understand its functionality. The Participant agrees to monitor their own physical condition before, during and after class and hydrate sufficiently at all times.
I acknowledge that use of a heated sauna is at my own risk, and understand inherent risks include but are not limited to dehydration, dizziness, fainting, burns, heat exhaustion and, in rare cases, more serious health conditions. I voluntarily assume all risks associated with the use of all of the Studio’s facilities, including the sauna, regardless of whether such risks are foreseeable.
At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff.
2. Medical Clearance and Fitness Level
I acknowledge that The Drip Fitness strongly recommends consulting with a physician before participating in any Fitness Activities. I confirm that I am in good physical condition and do not suffer from any medical condition that would limit my participation. I understand that it is my responsibility to monitor my own physical condition during any Fitness Activities and to stop participating if I experience any discomfort, pain, or other symptoms.
I certify I am physically and mentally fit to participate in Fitness Activities that are based in a heated environment. I acknowledge that it is my sole responsibility to consult with a physician prior to participating in a heated environment especially if they have pre-existing conditions including but not limited to cardiovascular issues, respiratory issues, heat sensitivity and pregnancy. I agree to immediately stop participation and notify staff if they feel discomfort, dizziness or other adverse symptoms during a Fitness Activity.
I affirm that I will not use the sauna or participate in any Fitness Activity under the influence of alcohol, drugs or medications that may affect heat tolerance.
If in the subjective opinion of The Drip Fitness staff, I would be at physical risk participating in The Drip Fitness classes or using the facilities, I understand and agree that I may be denied access to the classes and facilities until I furnish The Drip Fitness with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing The Drip Fitness’ concerns and stating that The Drip Fitness’ concerns are unfounded. However, I also acknowledge that being permitted to access the classes and facilities does not mean I am not at physical risk, and it is not an endorsement by The Drip Fitness of my fitness to participate in the classes or use the facilities.
3. Release of Liability
In consideration for being permitted to participate in Fitness Activities and use the facilities and equipment, I hereby release, waive, discharge, and hold harmless The Drip Fitness from any and all claims, demands, damages, rights of action, or causes of action, present or future, arising from or relating to any injury, illness, or other harm that I may suffer as a result of my participation, whether caused by the negligence of The Drip Fitness or otherwise.
In consideration of being allowed to participate in and access the classes and facilities, I hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained, aggravated or caused by me to myself or anyone else in relation to the classes and facilities, (2) release and agree to indemnify and hold harmless The Drip Fitness, its direct and indirect parents and shareholders, subsidiary affiliate entities, and each of their respective of officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others (collectively, “The Drip Fitness Releasees”), from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to my participation in the classes or use of the facilities, and (3) represent that I (a) understand that participating in a Drip Fitness class constitutes strenuous physical activity, and that I am in good health and able to engage in such activity, (b) have no medical or physical condition that would prevent me from properly using any of the classes and facilities, or that would put me or anyone else in physical or medical danger, (c) have not been instructed by a physician to not participate in physical exercise or in the type or intensity of activity in the classes and facilities, and (d) am physically and mentally capable of participating in the classes and using the facilities. I acknowledge that if I have any chronic disabilities or conditions, I am at risk in using The Drip Fitness’ classes and facilities and should not be participating in any classes.
4. Valuables and Personal Property
I acknowledge that I have been urged to avoid bringing valuables onto the facilities and that The Drip Fitness shall not be liable for the loss of, theft of, or damage to my personal property, including items left in lockers, bathrooms, studios, or anywhere else in the facilities. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.
5. Indemnification
I agree to indemnify and hold harmless The Drip Fitness against any and all claims, liabilities, damages, and expenses, including reasonable attorney’s fees, arising from or related to my participation in any Fitness Activities or use of The Drip Fitness facilities and equipment, including but not limited to the use of infrared heat technology or high-temperature exposure.
6. Photo and Video Release
I grant The Drip Fitness permission to use any photographs, videos, or other media taken during Fitness Activities for promotional, marketing, or other business purposes without compensation.
7. Etiquette
To preserve the positive culture and environment at The Drip Fitness, I agree to abide by The Drip Fitness’s etiquette guidelines:
· Be respectful and considerate to all people and their personal property
· Listen to the instructor
· Be mindful of your surroundings and commit to acting in safe ways
· Be on time – arrive at least 5 minutes early
· No cell phones or devices to be present or used during classes
· Limit distracting behavior (talking, etc.)
· Be prepared for class and wear appropriate clothing
The Drip Fitness reserves the right to deny access to any person The Drip Fitness deems to be acting in an inappropriate or unsafe manner.
8. Acknowledgement of Membership Agreement
I understand that my participation is subject to the terms and conditions outlined in The Drip Fitness Membership Agreement, including policies regarding cancellations and terminations. I agree to abide by all rules, regulations, and policies of The Drip Fitness.
9. Governing Law
This Waiver shall be governed by and interpreted in accordance with the laws of the State of New Jersey.
10. Participant Age Requirement
I acknowledge that I am 18 years of age or older. If I am under 18 years of age, my participation requires the consent of a parent or legal guardian who must also sign this Waiver.
11. Electronic Signature Agreement
By electronically signing this Waiver, I acknowledge and agree that this electronic signature has the same legal effect as a handwritten signature.
I have read this Waiver, fully understand its terms, and understand that I am giving up substantial rights including, among other things, my right to sue The Drip Fitness Releasees for their own negligence under certain circumstances. I acknowledge that I am signing this document freely and voluntarily.
The term of this document is indefinite. This document binds me, my heirs, my executors, my personal representatives and my assigns.
INFANT PARTICIPATION ADDENDUM (“MAMA + INFANT LIFT & FORM/MILF”)
Supplement to Participant Waiver and Release of Liability
This Infant Participation Addendum (the “Addendum”) is incorporated into and supplements the Participant Waiver and Release of Liability Agreement (the “Waiver”) executed by the undersigned participant (“Participant”) in favor of The Drip Fitness LLC and its affiliates (collectively, “The Drip Fitness”).
By signing this Addendum, Participant acknowledges and agrees as follows:
1. Election to Participate with Infant
I affirmatively elect to participate in a class that permits the presence of my infant/newborn child (the “Infant”). I understand that participation with an Infant is optional and not required for any class.
2. Infant Eligibility & Health Requirements
I represent and warrant that:
The Infant is at least six (6) weeks old (or older if required by The Drip Fitness from time to time);
The Infant has received appropriate postnatal medical evaluation and clearance;
I have consulted, or have had the opportunity to consult, with a qualified physician or pediatrician regarding participation;
Both I and the Infant are physically able to safely participate in a fitness environment, including one that may involve heat, movement, music, and equipment.
3. Assumption of Risk (Enhanced)
I acknowledge that participating in Fitness Activities while supervising, holding, carrying, or incorporating an Infant—including using the Infant as resistance or weight—creates heightened and unique risks, including but not limited to:
Dropping or improperly supporting the Infant
Loss of balance or coordination
Equipment-related injury
Collisions with other participants or objects
Heat exposure or overstimulation
Any other foreseeable or unforeseeable injury to myself or the Infant
I voluntarily and knowingly assume all such risks, for both myself and the Infant.
4. Strict Parental Responsibility
I acknowledge and agree:
I am solely responsible for the care, supervision, handling, and safety of the Infant at all times;
The Drip Fitness does not provide childcare, monitoring, or infant-specific instruction;
I will remain in full physical control of the Infant at all times;
I will immediately stop any movement that I believe may pose a risk;
I understand that I may opt out of any exercise at any time.
5. Movement Restrictions & Safety Compliance
I agree to comply with all safety guidance, including but not limited to:
No rapid, jerking, or high-velocity movements involving the Infant
No use of equipment in a manner that places the Infant at risk
Maintaining constant physical control and support of the Infant
I understand that The Drip Fitness and its instructors reserve the absolute right, in their sole discretion, to:
Modify or restrict my participation
Require that the Infant not be used in certain movements
Remove me and/or the Infant from class if safety concerns arise
7. Release of Liability (Adult and Infant)
To the fullest extent permitted by law, I, on behalf of myself and the Infant, hereby release, waive, discharge, and covenant not to sue The Drip Fitness and all related parties (the “Releasees”) from any and all claims arising out of or related to:
My participation in any class involving an Infant;
The Infant’s presence in the studio;
Any use of the Infant during exercise;
Any injury, illness, damage, or death affecting me or the Infant
This includes claims based on negligence, to the fullest extent permitted by law (excluding gross negligence or willful misconduct where prohibited).
8. Indemnification
I agree to indemnify, defend, and hold harmless The Drip Fitness Releasees from and against any and all claims, liabilities, damages, and expenses (including attorneys’ fees) arising out of or related to:
The Infant’s participation or presence
Any act or omission by me involving the Infant
Any claim brought by or on behalf of the Infant
9. Minor Waiver Acknowledgment
I understand that certain jurisdictions, including New Jersey, may limit the enforceability of liability waivers on behalf of minors. I agree that:
This Addendum is intended to be as broad as permitted by law;
Any unenforceable portion shall not affect the remainder;
My indemnification obligations remain in full force.
10. Affirmative Acknowledgment
☐ I am bringing an Infant into class
☐ I have read and agree to all terms of this Addendum
☐ I understand the risks to both myself and the Infant
☐ I agree to comply with all safety rules and instructor direction
Participant Name (Printed): ________________________________
Signature: ________________________________________________
Date: ____________________
Parent/Guardian Name (If applicable): _________________________
Parent/Guardian Signature: ___________________________________
Date: ____________________