LEGAL
Fit3D Waiver
Fit3D, Inc.
FIT3D WAIVER AND RELEASE
Last Updated: October 15, 2024
You agree that you use equipment developed by Fit3D at your own risk. You assume this risk for all likely and unlikely, reasonably and unreasonably expected experiences or occurrences.
You agree on behalf of yourself (and your personal representatives, heirs, executors, spouse, administrators, agents and assigns or others) to release and discharge Fit3D (and Fit3D’s affiliates, employees, agents, representatives, successors and assigns) from any and all claims or causes of action arising out of Fit3D’s negligence. You hereby agree to release and discharge Fit3D (and Fit3D’s affiliates, employees, agents, representatives, successors and assigns) from any and all claims or causes of action arising out of Your use of Equipment, and covenant not to sue Fit3D for any claims or causes of action arising out Your use of Equipment. This includes, without limitation, injuries which may occur as a result of (a) Your use of any Equipment or its improper maintenance, (b) Your use of any exercise Equipment which may malfunction or break, (c) Fit3D’s improper maintenance of any Equipment, (d) Fit3D’s negligent; instruction or supervision, (e) Fit3D’s negligent hiring or negligent retention of any employee, (f) loss of consortium, (g) Your slipping and falling, or (h) first aid, emergency treatment or any other; services which are negligently rendered or failed to be rendered by released parties, emergency personnel or Good Samaritans, or Fit3D negligently preventing a Good Samaritan from rendering first aid. You hereby expressly waive any and all rights conferred upon You by any statute or rule of law which provides that a release does not extend to claims which the claimant does not; know or suspect to exist in its favor at the time of executing the release, which if known by it must have materially affected its settlement with the released party, including, without limitation, the; following provisions of California Civil Code Section 1542: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
FIT3D WAIVER AND RELEASE
Last Updated: October 15, 2024
You agree that you use equipment developed by Fit3D at your own risk. You assume this risk for all likely and unlikely, reasonably and unreasonably expected experiences or occurrences.
You agree on behalf of yourself (and your personal representatives, heirs, executors, spouse, administrators, agents and assigns or others) to release and discharge Fit3D (and Fit3D’s affiliates, employees, agents, representatives, successors and assigns) from any and all claims or causes of action arising out of Fit3D’s negligence. You hereby agree to release and discharge Fit3D (and Fit3D’s affiliates, employees, agents, representatives, successors and assigns) from any and all claims or causes of action arising out of Your use of Equipment, and covenant not to sue Fit3D for any claims or causes of action arising out Your use of Equipment. This includes, without limitation, injuries which may occur as a result of (a) Your use of any Equipment or its improper maintenance, (b) Your use of any exercise Equipment which may malfunction or break, (c) Fit3D’s improper maintenance of any Equipment, (d) Fit3D’s negligent; instruction or supervision, (e) Fit3D’s negligent hiring or negligent retention of any employee, (f) loss of consortium, (g) Your slipping and falling, or (h) first aid, emergency treatment or any other; services which are negligently rendered or failed to be rendered by released parties, emergency personnel or Good Samaritans, or Fit3D negligently preventing a Good Samaritan from rendering first aid. You hereby expressly waive any and all rights conferred upon You by any statute or rule of law which provides that a release does not extend to claims which the claimant does not; know or suspect to exist in its favor at the time of executing the release, which if known by it must have materially affected its settlement with the released party, including, without limitation, the; following provisions of California Civil Code Section 1542: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”