LEGAL
Fit3D Waiver
Fit3D, Inc.
FIT3D WAIVER AND RELEASE
Last Updated: September 04, 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: September 04, 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.”