TD Athlete’s Edge, LLC

Member Waiver of Liability and Release Agreement

Last updated March 4, 2023

PLEASE READ THIS Member Waiver of Liability and Release Agreement ("WAIVER") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY TD Athlete’s Edge, LLC ("TDAE”). THIS AGREEMENT SETS FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION IN TDAE SERVICES.

This Waiver governs a user’s (“I”, “you”, “your”) participation and/or utilization of any services of TDAE, whether or not offered through the Site. The services are offered subject to your acceptance of the terms and conditions contained herein, the Membership Agreement, Terms of Service, Privacy Policy, and all other operating rules, policies and procedures that may be published from time to time on this Site by TDAE.

Please read this Waiver carefully before accessing or using the Site or services. By accessing or using any part of the Site and/or any TDAE services, you agree to become bound by the terms and conditions of this Waiver. If you do not agree to all the terms and conditions of this Waiver, then you may not access the Site or use any of the services.

If you have any questions, contact us at tdteam@tdathletesege.com.

By using the facilities, gym equipment, or participating in training, counseling, classes or programs, whether at the gym facility, a gym sponsored event or through the Site, offered by TDAE (collectively, the “Facilities”), and in consideration for  being allowed to participate in the Facilities, the receipt and sufficiency of which is hereby acknowledged, I, for myself, or as the parent and/or legal guardian of a minor using the Facilities, freely agree to be bound by each of the following provisions of this Member Waiver of Liability and Release Agreement (“Waiver”):

1.      Acknowledgement and Assumption of Risk. I understand that exercise, training and using fitness equipment are potentially hazardous activities. I further understand that these activities involve risks of injury, aggravation of preexisting conditions, and in the most severe and extreme situations, even death. Furthermore, I acknowledge that the effect of exercise on the body cannot be predicted with complete accuracy and that injuries may occur during or following exercise, including, but not limited to exercise under the supervision of a trainer or during a class or program, that could lead to these complications and adversely affect my health. Accordingly, I acknowledge that I am voluntarily participating in these activities with the full knowledge and understanding of the potential dangers and further that I do so at my own risk. I also agree that I assume all the risk of any loss or damage to my personal property present at the Facilities and that TDAE has no obligations or responsibility related thereto.  For clarity, I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in/use of the Facilities. I accept personal responsibility for any liability, injury, loss, death or damage in any way connected with my participation in/use of the Facilities.

I understand that TDAE advises me to obtain a physical examination from a doctor before using TDAE Facilities. I may receive recommendations for changes in diet, including the use of food supplements, weight reduction and/or body building enhancement products during my use of the Facilities from TDAE staff or other third parties at the TDAE Facilities.  I understand that acting on any such recommendations is based on my own knowledge and judgment and I acknowledge, that even if TDAE provided such recommendation TDAE has no and assumes no responsibility for such recommendations. I understand that TDAE advises me to consult a physician prior to undergoing any dietary or food supplement changes or additions. This Waiver includes, but is not limited to, all injuries which may occur as a result of the following: (i) my use of all amenities and equipment in the facility and my participation in any activity, class, program, personal training or instruction; (ii) the sudden and unforeseen malfunctioning of any equipment; (iii) TDAE’s instruction, training, supervision, or dietary recommendations; (iv) My slipping and/or falling while in the building, or on the premises, including adjacent sidewalks and parking areas; (v) contact with and actions of other participants at the Facilities; (vi) the effects of the weather, including water, changes in temperature, cold, high heat and/or humidity; and/or (vii) Any of my known or unknown health, physical, or mental conditions.  

2.     My Obligations. I agree to listen to and follow the directions of TDAE personnel, and I understand that failure to do so may increase the risk of injury to myself and to those around me, and negatively impact the overall operations of the Facilities.  I agree that I will use good judgment, be self–reliant and stop to request assistance if I am unsure of my ability to utilize or participate in the Facilities safely.  I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately inform the TDAE personnel. I represent and warrant that I am physically fit and mentally capable of performing the physical activities and Facilities I choose to participate in.

3.     Consent to Medical Treatment. I authorize TDAE to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon TDAE to provide such assistance, transportation, or services. I understand that the cost of all emergency services is my responsibility.    

4.     Release of Liability; Limitation of Damages. I hereby forever and unconditionally release TDAE and its affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively “Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of my participation in or use of the Facilities, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. TDAE’s liability to me will be limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall my damages in connection with my participation in/use of the Facilities greater than $500. Recovery of such amount shall be my sole and exclusive remedy. All liability arising out of my participation in/use of the Facilities is cumulative and not per incident. In no event shall TDAE be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if TDAE has been informed of the possibility thereof. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the facility, its agents, and employees.

5. Indemnification. I agree to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of my participation in/use of the Facilities.

6. Binding Effect. This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of TDAE, its successors and assigns. I, the undersigned, for myself, my heirs, representatives, assigns, and next of kin, hereby release, discharge, and covenant not to sue TD Athlete’s Edge, LLC, its managers, employees, vendors, or affiliates from any and all Claims., demands, suits, loss, and causes of action.

7. Severability. If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.

8. Governing Law and Venue. This Waiver shall be governed in all respects by the laws of the Commonwealth of Massachusetts without regard to conflict of law principles. Venue shall be in Suffolk County, Massachusetts and I hereby agree and acknowledge that I am personally subject to jurisdiction in Suffolk County, Massachusetts.

9. Promotional Release. I hereby grant to TDAE the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in/use of the Facilities, in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). TDAE has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogues, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the "Works'). I agree that TDAE is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. I further grant to TDAE an irrevocable, royalty-free, worldwide license to use my name, age, and hometown in connection with the Material and the Works.

THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ THIS ENTIRE DOCUMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.   I agree that by continuing to participate in/using the Facilities, I am indicating my voluntary agreement to the provisions of this Waiver and Release of Liability.  I agree that no oral statements or representations, apart from the language of the above agreement, have been made.  PARTICIPATION IN THE EVENTS BY A PERSON WHO IS NOT YET 18 YEARS OLD INDICATES THAT A PARENT OR LEGAL GUARDIAN HAS ALSO READ AND CONSENTED TO THIS WAIVER.