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All in Motion, LLC (dba AIM Pro)

Waiver, Hold Harmless & Release of Liability Agreement


READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
 

This Waiver, Hold Harmless & Release of Liability Agreement (collectively referred to as this “Agreement”) is made effective as of the date signed below by and between All in Motion, LLC (dba AIM Pro) (hereinafter, the “STUDIO”), located at 112 S Sangamon St, Lower Level, Chicago, IL 60607, and the undersigned individual, whether a Trainer, Customer, or Trainer’s Client (hereinafter, the “CLIENT”). The STUDIO and CLIENT are sometimes individually referred to as a “Party” and collectively as the “Parties.”

 

1. Hold Harmless
CLIENT shall fully defend, indemnify, and hold harmless the STUDIO from any and all claims, lawsuits, demands, causes of action, liability, loss, damage, and/or injury, of any kind whatsoever (including without limitation claims for monetary loss, property damage, personal injury, illness, or wrongful death), whether brought by an individual or entity, or imposed by a court or administrative body, arising out of any acts, omissions, negligence, or willful misconduct by CLIENT, its trainers, clients, employees, agents, contractors, invitees, or volunteers.


This indemnification includes, without limitation, the payment of all penalties, fines, judgments, attorney’s fees, and any other costs incurred by the STUDIO. CLIENT further agrees to hold harmless the STUDIO from claims, damages, or injuries arising out of or related to the condition, maintenance, or alleged negligence of the STUDIO’s equipment or facilities.

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2. Assumption of Risk
CLIENT understands and acknowledges that use of the STUDIO’s facility, equipment, and participation in exercise or related activities involves inherent risks, including but not limited to slips, falls, muscle strain, injury, illness, or death. CLIENT voluntarily assumes all such risks, whether known or unknown, and accepts full responsibility for their participation.


CLIENT further acknowledges that:

  • Trainers are independent contractors, not employees of the STUDIO.

  • AIM Pro does not provide supervision, instruction, or monitoring of training sessions.

  • Trainers are solely responsible for the safety and conduct of their clients.

  • CLIENT expressly agrees that this waiver applies even to claims arising from the negligence of trainers, instructors, contractors, or service providers operating within the STUDIO.

  • CLIENT expressly assumes the risk of injury, illness, or death even if caused in whole or in part by the alleged negligence of the STUDIO, including but not limited to the condition, inspection, maintenance, or repair of equipment or facilities.

  • CLIENT further acknowledges the risks associated with COVID-19 and other communicable diseases, accepts that such risks are inherent and contagious, and assumes full responsibility for any illness or exposure, even if caused by the alleged fault or negligence of the STUDIO, its staff, or third parties.


This release is intended to be as broad and inclusive as permitted by the laws of the State of Illinois.

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3. Agreement to Follow Directions
CLIENT agrees to observe and obey all posted (both online and in-person) rules and warnings, and to follow any oral instructions or directions given by the STUDIO, or the employees, representatives, or agents of the STUDIO.

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4. Insurance & Liability
CLIENT acknowledges that the STUDIO requires all independent trainers to maintain current liability insurance and certifications. The STUDIO does not provide insurance coverage for CLIENT’s activities.

 

5. Fees for Damages
CLIENT agrees to pay for all damages to the facilities of the STUDIO caused by any negligent, reckless, or willful actions by CLIENT, their family, or guests.

 

6. Authority to Enter Agreement
Each Party warrants that the individuals signing this Agreement have the legal power, right, and authority to enter into this Agreement and bind each respective Party.

 

7. Amendment & Modification
No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

 

8. Waiver
No waiver of any breach shall constitute a waiver of any other breach. No voluntary waiver or benefit provided shall grant the other Party any contractual right by custom, estoppel, or otherwise.

 

9. Attorneys’ Fees and Costs
If any legal action is brought in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys’ fees and related costs in addition to any other relief.

 

10. Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supersedes any prior oral or written agreements regarding its subject matter.

 

11. Enforceability & Severability
If any provision of this Agreement is deemed unenforceable, the remaining provisions shall remain valid. If a provision is limited by law, it shall be enforced to the maximum extent permitted. The Parties intend this Agreement to provide the broadest indemnification possible under Illinois law.

 

12. Applicable Law & Venue
This Agreement shall be governed exclusively by the laws of Illinois. Each Party expressly consents to jurisdiction and venue in Illinois.

 

13. No Duress
CLIENT acknowledges that they are under no pressure or duress to sign this Agreement, that they have had a reasonable opportunity to review it, and that they may consult independent legal counsel before signing.

 

14. Arm’s Length Agreement
This Agreement is the product of an arm’s length negotiation. The Parties reject any interpretation rule that would construe terms “for” or “against” either Party due to authorship.

 

15. Dispute Resolution (ADR)
The Parties will attempt to resolve any dispute arising out of or relating to this Agreement through good-faith negotiations. If unresolved, the dispute shall be submitted to mediation in accordance with applicable rules. If mediation fails, the matter shall be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered in any court of proper jurisdiction located in Illinois. Illinois courts shall have exclusive jurisdiction to enforce this arbitration provision and any resulting award.

 

16. Acknowledgment of Understanding
By signing below, CLIENT acknowledges that they have read and understood this Agreement; that they are waiving substantial legal rights, including the right to sue; and that they are signing voluntarily.

 

17. Minor Clients
If the CLIENT is under 18 years of age, this Agreement must also be signed by a parent or legal guardian. The parent/guardian acknowledges and agrees that:

  • They have read and understood this Agreement.

  • They consent to the minor’s participation and use of the STUDIO.

  • They assume all risks on behalf of the minor.

  • They agree to indemnify and hold harmless the STUDIO against any claims arising from the minor’s participation, including claims based on trainer negligence.

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Acknowledgment

By checking the box in your registration you are acknowledging: I have read, understood, and agree to abide by the Rules, Policies, and Procedures of All in Motion, LLC (dba AIM Pro). I understand that failure to comply may result in termination of rental privileges.

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