I acknowledge and agree that:
By signing this document, I declare that I have no known medical problems that would preclude my participation in the Program, and the information provided to BlueStreak regarding my medical history and physical condition is, to the best of my knowledge, true and correct. My participation in the BlueStreak combine program is voluntary and I assume all risk of injury or contraction of any illness or medical condition that may result, or the aggravation of any pre-existing medical condition I may have, or any damage, loss or theft of any personal property resulting or arising out of my participation in the Program. I understand and acknowledge that BlueStreak has no expertise in diagnosing, examining, or treating any medical condition, whether existing or incurred as a result of my participation in the BlueStreak program. I understand and acknowledge that BlueStreak has made no guaranty of success or improvement as a result of my participation in the program.
I hereby, on behalf of myself, personal representatives, heirs, executors, administrators, agents and assigns, forever release and discharge BlueStreak, its affiliates, employees, agents, representatives, successors, and assigns from any and all claims or causes of action (known or unknown) that I may now have or will have in the future as a result of BlueStreak’s negligence. This waiver and release of liability includes, but is not limited to, injuries that result from (a) use of any exercise equipment or facilities provided by BlueStreak, (b) use of any exercise equipment or facilities which may malfunction, (c) BlueStreak’s improper maintenance of any exercise equipment or facilities, (d) any negligent instruction or supervision provided by BlueStreak, and (e) any injuries which occur because of slipping and falling while on BlueStreak premises or equipment. I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A COMPLETE RELEASE OF LIABILITY, THAT I HEREBY WAIVE ANY RIGHT THAT I MAY NOW HAVE OR WILL HAVE TO BRING ANY LEGAL ACTION AGAINST BLUESTREAK, ITS EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, FOR ANY LIABILITIES THAT MAY RESULT, WHETHER DIRECTLY OR INDIRECTLY, FROM BlueStreak NEGLIGENCE.
The provisions in this document are severable and if any provision is determined to be illegal or unenforceable, the remaining provisions and any partially enforceable provisions shall nevertheless be enforceable unless otherwise prohibited by the laws of the State of Connecticut. BlueStreak’s failure to enforce any remedy or provision of this document shall not be construed as a waiver of such remedy or provision.