WAIVER OF RIGHTS, ASSUMPTION OF RISK,

AND RELEASE OF LIABILITY AGREEMENT

 

    This Waiver of Rights, Assumption of Risk, and Release of Liability Agreement (the “Agreement”) is entered into by the above-named member (the “Member”) for the benefit of NPT HealthWorks, LLC, a Rhode Island limited liability company (“NPT”).  Member has asked to be allowed to use the fitness facility and equipment of NPT located at 13 Memorial Boulevard, Newport, RI 02840 (the “Facility”) and/or to participate in one or more classes, trainings, or events that may be held at the Facility or at other locations (the “Events”).  By signing this Agreement, the Member agrees as follows.

 

    In consideration of being permitted use the Facility and/or to participate in one or more Events, in each case for any purpose (including but not limited to individual personal training sessions, group personal training sessions, independent or guided equipment usage, general or targeted group fitness classes, and independent or guided equipment usage in conjunction with physical therapy), the member, for himself/herself and for his/her heirs, administrators, successors, assigns, executors, estate, parents, children, guardians, spouses, family members, and representatives (jointly and severally, the “Releasing Parties”), hereby waive all rights, voluntary release, and forever discharge, NPT and its affiliates and its/their respective officers, managers, members, owners, employees, contractors, representatives, insurers, reinsurers, attorneys, and agents (jointly and severally, the “Released Parties”) of and from any and all claims, liabilities, damages, demands, causes of action, losses, expenses, and/or costs, whether for personal injury, death, property damage, or otherwise (collectively, "Claims"), which Releasing Parties ever had, now have, or may have in the future, or which may hereafter accrue to any of Releasing Parties, as a result of, arising from, or related to Member’s: (a) presence at and use of the Facility; and/or (b) participation in one or more Events, and hereby assume all risk of every kind and nature related to Member’s presence at and use of the Facility, and Member’s participation in one or more Events.  This waiver, release, and assumption is intended to discharge in advance Released Parties from any and all Claims arising from or related to Member’s presence at and use of the Facility, and Member’s participation in one or more Events.

 

    Member acknowledges by signing this Agreement that: (a) he/she will use the Facility and its equipment, and participate in Events, in a prudent, safe, careful, and responsible manner, and in accordance with his/her own physical limitations; (b) he/she fully understands how to so use the Facility and all equipment thereat; and (c) any use of the Facility and its equipment, and any participation in Events, shall at all times be at his/her own sole risk, with he/she hereby assuming full and exclusive responsibility for any injuries caused and/or sustained by them arising from his/her presence at and/or use of the Facility.  In addition, any Member who brings a child or other minor to the Facility or to one or more Events acknowledges by signing this Agreement that it is the Member’s sole responsibility to supervise the child and to ensure the child’s safety, and that NPT will not and does not provide supervision of children.  Member further acknowledges that he/she is in good physical condition and has no health or medical reason or impairment that might prevent him/her from prudent, safe, careful, and responsible: (i) use of the Facility and its equipment; and/or (ii) participation in one or more Events.  Member acknowledges that if he/she is injured at the Facility or at one or more Events, or causes any injury at the Facility or at one or more Events, he/she will immediately report any such occurrence to management and complete an incident report form.  Member acknowledges that NPT is not responsible for any personal property that is damaged, lost, or stolen while at the Facility or at one or more Events, including but not limited to personal property left in a locker or in a vehicle on the premises where the Facility is located or where one or more Events are held.
 

    Member hereby certifies that he/she is at least 18 years of age, or if not that Member’s parent or legal guardian has also executed and agreed to be bound by this Agreement by signing where indicated below.  In the event that Released Parties are required to incur fees or costs, including attorneys’ fees and costs, to enforce this Agreement, Releasing Parties hereby agree to indemnify, defend, and hold harmless Released Parties from and against any and all such fees and costs.  This Agreement is being delivered and is intended to be performed in the State of Rhode Island and shall be construed and enforced in accordance with the laws of that state without reference to the rules of conflicts of laws thereof.  In any litigation connected with or arising from this Agreement, Releasing Parties hereby consent to and confer exclusive jurisdiction on the federal and state courts of the State of Rhode Island, and hereby expressly waive any objections to personal jurisdiction, venue, and inconvenient forum in any such courts.  TO THE EXTENT THAT HE/SHE/THEY MAY LAWFULLY DO SO, RELEASING PARTIES HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION BROUGHT ON OR WITH RESPECT TO THIS AGREEMENT AND/OR THE FACILITY.

 

Consent for Communication 

Text/Email Communication. Prompt communication is paramount to addressing your health needs and as a result NPT HealthWorks utilizes multiple avenues of communication to ensure engagement. I understand that NPT HealthWorks may need to communicate with me about its services, my health, and my appointments via email or text messages. By providing my email address and telephone number, I hereby authorize NPT HealthWorks (and its service providers) to send me emails and texts regarding its products and services, appointment reminders and other operational and informational messages. I understand that I can opt out of receiving text messages by texting “STOP” to the phone number from which I received the text message, and I can opt out of receiving emails by clicking the unsubscribe link in the email.

I also understand that sending this information over unencrypted email or text creates the potential for unauthorized parties to intercept the information and that if someone else has access to my email or text account, they may see this information. I acknowledge that these kinds of unauthorized access could allow someone to know that I am receiving mental and/or behavioral health care or, in extreme cases, when combined with other information that may be available about me from other sources, lead to medical identity theft.

 

    THE UNDERSIGNED ACKNOWLEDGE(S) THAT HE/SHE/THEY: (A) HAS/HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND(S) ITS CONTENTS; (B) HAS/HAVE BEEN GIVEN SUFFICIENT TIME TO CONSIDER THIS AGREEMENT THOROUGHLY; (C) WAS/WERE ENCOURAGED TO CONSULT WITH INDEPENDENT LEGAL COUNSEL BEFORE SIGNING BELOW; (D) IS/ARE AWARE THAT THIS AGREEMENT INCLUDES A WAIVER OF RIGHTS, AN ASSUMPTION OF RISK, AND A RELEASE OF CLAIMS; AND (E) SIGN(S) THIS AGREEMENT AND SUCH WAIVER, ASSUMPTION, AND RELEASE FREELY AND VOLUNTARILY.