Waiver

McMillan Training Systems, LLC.

WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT

1.                In consideration for receiving permission to participate in personal, strength and conditioning, lifting or any other form of High Intensity training, I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE McMillan Training Systems, LLC (McTS), their officers, agents or employees(hereinafter referred to as RELEASEES) from any and all liability, claims, demand, actions and causes of action whatsoever a and even death, and I hereby elect to voluntarily rising out of or related to any loss, damage, or injury, including death that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on or upon the premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THR RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.

2.                I am fully aware of the risks and hazards connected with the activities of person, strength and conditioning, lifting or any other form of High Intensity training, and I am aware that such activities include the risk of injury and even death, and I hereby elect to voluntarily participate in such activities, knowing that the activities may be hazardous to my property and me. I understand that McTS does not require me to participate in this activity.  I voluntarily assume full responsibility for any risk of loss, property damage, or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES, or otherwise, to the fullest extent allowed by law.

3.                I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys’ fees the Releases may incur due to my participation in said activities, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.

4.                It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above named RELEASEES.  I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Pennsylvania and that any mediation, suit, or other proceeding must be filed or entered into only Pennsylvania and the federal or state courts of Pennsylvania. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.

5.                I hereby understand that I am not to use any equipment while my trainer is not present.  If my trainer is not present and I enter McMillan Training Systems, I do so with the understanding that I put myself at a greater risk of injury and will not hold other trainers or McMillan Training Systems responsible. I therefor understand that my trainer is responsible for my wellbeing when I enter McTS, even if my trainer is not present.

IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT, I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.