READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and
warnings, and further agree to follow any oral instructions or directions given by Mountain Fitness &
Recovery, LLC, or the employees, representatives or agents of Mountain Fitness & Recovery, LLC.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks
associated with the above described activity and I assume full responsibility for personal injury to myself
and (if applicable) my family members, and further release and discharge Mountain Fitness & Recovery,
LLC for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of
Mountain Fitness & Recovery, LLC, whether caused by the fault of myself, my family, Mountain Fitness &
Recovery, LLC or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Mountain Fitness & Recovery, LLC against all
claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation
costs, which may in any way arise from my or my family's use of or presence upon the facilities of Mountain
Fitness & Recovery, LLC.
4. FEES. I agree to pay for all damages to the facilities of Mountain Fitness & Recovery, LLC caused by
any negligent, reckless, or willful actions by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall
be resolved under Colorado law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and
that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge
that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and
acknowledge that Mountain Fitness & Recovery, LLC has offered to refund any fees I have paid to use its
facilities if I choose not to sign this Agreement.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's
length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of
this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any
legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a
particular party based upon their status as the drafter of a specific term, language, or provision giving rise to
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether
standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or
enforceability of any other provision of this Agreement or of any other applications of such provision, as the
case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
In exchange for participation in the activity of Personal Training & Physical Exercise organized by
Mountain Fitness & Recovery, LLC, of 1607 Cottonwood Drive, LOUISVILLE, Colorado, 80027 and/or use
of the property, facilities and services of Mountain Fitness & Recovery, LLC, I, Last Name (Form Below), First Name (Form Below), agree for myself and (if applicable) for the members of my family, to the following:
9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to
this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by
negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR)
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in
accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then
the parties may proceed to seek an alternative form of resolution in accordance with any other rights and
remedies afforded to them by law.
10. EMERGENCY CONTACT. In case of an emergency, I authorize Mountain Fitness + Recovery, LLC. and any of it's members or employees to call Emergency Contact (Form information below).
11. Clients less than 18 years of age must have a Parent / Guardian Complete the Release of Liability