JDL Fitness

WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
ModernHaus SoHo – Thor James Hotel Leaseco, LLC
27 Grand Street, New York, NY 1001

In consideration for receiving permission to participate at a facility of Thor James Hotel Leaseco, LLC or one of its affiliates (referred to herein as "MODERNHAUS SOHO"), I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Thor James Hotel Leaseco, LLC, its affiliates, officers, directors, shareholders, employees, contractors, and consultants, and any of their respective successors and/or assigns (collectively, the "RELEASEES") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on or upon the premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.

I am fully aware of the risks and hazards connected with the activities at a ModernHaus SoHo facility (including but not limited to weight lifting, high-intensity and physically strenuous workouts, close proximity to other participants, heated environments, loud music/sounds, and the use of fitness machinery and equipment). I acknowledge that these activities carry the risk of injury and even death, and I voluntarily choose to participate in said activities, accepting that they may be hazardous to myself and my property. I understand that ModernHaus SoHo does not require me to participate. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may result from such participation, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent allowed by law.

I hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys’ fees, that they may incur due to my participation in these activities, WHETHER CAUSED BY NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent allowed by law.

It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns, and personal representative, if I am deceased. This document shall be deemed a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the RELEASEES.

I further AGREE that this Waiver shall be governed by and construed in accordance with the laws of the State of New York and that any mediation, legal suit, or proceeding shall be filed in the state or federal courts located in New York County, New York. Any portion of this document deemed unlawful or unenforceable is severable and shall not affect the validity or enforceability of the remaining provisions. Additionally, Thor James Hotel Leaseco, LLC and I knowingly, voluntarily, and intentionally waive any right either may have to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to my participation in activities at ModernHaus SoHo.

I further AGREE to abide by all current and future policies of ModernHaus SoHo, and understand that failure to comply may result in removal and revocation of participation privileges. I also AGREE not to lead, coach, guide, teach, or instruct others on the premises unless I am formally registered with ModernHaus SoHo as a PROVIDER / INSTRUCTOR, have received written approval, and maintain all required insurance as outlined by the facility.

By providing an email, I agree to receive occasional event and promotional emails from ModernHaus SoHo and JIMMY SoHo. I understand I can unsubscribe at any time.

PHOTO & MEDIA RELEASE

I grant permission to Thor James Hotel Leaseco, LLC, ModernHaus SoHo, JIMMY SoHo, and their affiliates, representatives, and authorized vendors to take photographs, video recordings, and audio recordings of me during my participation in any activities held at or associated with ModernHaus SoHo or JIMMY SoHo. I understand these may be used for marketing, social media, promotional, or public relations purposes, without compensation. I waive any right to inspect or approve the finished product or its use.

If I prefer not to appear in photos or media, I will notify a staff member before participating.