Pickle Ball Tournament November 8, 2025

I understand and agree that my participation in classes, use of any or all parts of the gym, demonstrations or events outside the gym, or any program or service organized, operated, conducted and/or hosted by KC Excel Fitness Center, either on or off the KCExcel premises, is conditional upon my execution of this agreement.

1. 
   I am aware that fitness activities in general, and Fitball classes, Bootcamp classes, Cycle classes and weight training and lifting programs in specific involve the possibility of injury.
   


2. 
   I accept these risks and all others arising from the use of the equipment at the KC Excel Fitness Center, as well as classes and programs at or involving Whib’s Gym Inc in any way, even if arising from the negligence, gross negligence, equipment failure or any other cause related to those associated in any way with the KC Excel Fitness Center or classes and programs I may be involved in, the venues at which these events and programs take place, or by those organizing, officiating, instructing or participating in the KC Excel Fitness Center, and any classes, events and programs throughout the year, including the staff, instructors, volunteers and representatives (“the Releasees”).
   


3. 
   I understand that all instructions and rules for safe participation must be followed and that the SOLE RESPONSIBILITY FOR MY PERSONAL SAFETY REMAINS WITH ME, including my physical and emotional preparation and fitness to participate in workouts, events and classes which I chose throughout the year.
   


4. 
   I undertake and agree to remove myself from participation if I sense or observe any unusual hazard or unsafe condition, or if, at any time in the gym or in any class or event I feel unable or unfit to continue for any reason.
   


5. 
   I give a FULL RELEASE AND WAIVER OF LIABILITY AND ALL CLAIMS that I have or may have in the future against the hosts and all other Releasees from all liability for any loss, damage, injury or expense that I may suffer as a result of my utilizing any part or parts of the KC Fitness Center, and classes or events held or hosted by KC Fitness Center or my presence at any venue at which they may take place due to any cause whatsoever including the forms of negligence set forth in paragraph 2 above or from any breach of contract or statutory duty or other duty of care including any duty of care owed under the relevant Occupier’s Liability Act on the part of the Releasees.
   


6. 
   I AGREE NOT TO SUE, and I further agree TO INDEMNIFY AND SAVE HARMLESS the Releasees from all expenses, fees, liability or damage aware or cost of any type whatsoever arising from my participation in these classes or events.