USE OF BROWNS FIT FACILITIES
WAIVER AND RELEASE – ASSUMPTION OF RISK.
Using the M6Browns, LLC ("Browns Fit") facilities involves the risk of injury to you or your guest, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death.
In consideration of your use of the Browns Fit facilities and your participation in the activities offered by, Browns Fit you understand and voluntarily accept all such risks, both known and unknown, and agree on behalf of yourself (and your personal representatives, heirs, executors, spouse, administrators, agents, assigns or others) to release and discharge Browns Fit its officers, directors, employees, volunteers, agents, affiliates and independent contractors for any injury, including, without limitation, personal, bodily, or mental injury, economic loss or theft of any personal property or any damage (“Damages”) to you, your spouse, guests, unborn child, or relatives resulting from the use of a Browns Fit facility or from the negligence of Browns Fit or anyone on Browns Fit’s behalf or anyone using the facilities whether related to exercise or not, except such Damages which result from the willful misconduct or gross negligence of Browns Fit (and its affiliates, employees, agents, representatives, successor and assigns).
Further, you understand and acknowledge that Browns Fit does not manufacture fitness or other equipment at its facilities, but purchases and/or leases equipment. You understand and acknowledge that Browns Fit is providing recreational services and may not be held liable for defective products.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY.
Indemnity. You agree to indemnify Browns Fit, and its affiliates, officers, directors, managers, employees, volunteers, agents and independent contractors against any and all liability incurred by you during your use of any and all Browns Fit facilities and Damages resulting from your use of any and all Browns Fit facilities except to the extent such Damages result from the willful misconduct or gross negligence of Browns Fit, its affiliates, agents or employees.
Health Warranty. You represent that you are in good health and have no disability, impairment, injury, disease, known or obvious symptoms of risk factors for a highly communicable disease (e.g. COVID-19), or ailment, preventing you from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. You agree to assume full responsibility for your use of a Browns Fit facility and shall indemnify Browns Fit, its affiliates, agents and employees, against any and all Damages arising out of your use of the facilities.
Medical Disclaimer. You acknowledge that Browns Fit has made no claims as to medical results that can or may be obtained through use of any Browns Fit facility and cannot and does not warrant that such facility is free from communicable diseases. Browns Fit has neither suggested nor will it suggest any medical treatment to Members and Guests at its facilities. Only licensed medical professionals are qualified to give medical advice. You represent that there is no medical or physical condition that would preclude you from the use of Browns Fit’s facilities and you further represent that you have not been instructed by any physician not to use Brown Fit’s facility or any similar facility.
Governing Law. This Agreement shall be interpreted under the laws of the State of Ohio. By checking this box, you acknowledge and agree that you have read the foregoing and you agree to all terms herein.
NOTICE OF LICENSE FOR BROWNS FIT. NEITHER CLEVELAND BROWNS FOOTBALL COMPANY, LLC (“LICENSOR”) NOR ANY RELATED CORPORATION IS THE OWNER OF THIS FACILITY AND FITNESS CENTER OPERATION. BROWNS FIT IS THE OWNER OF THIS FACILITY AND FITNESS CENTER OPERATION AND HAS BEEN LICENSED BY LICENSOR TO USE THE CLEVELAND BROWNS MARKS IN CONNECTION WITH ITS OPERATION. NEITHER LICENSOR, NOR ANY RELATED CORPORATION IS CONTRACTUALLY OR OTHERWISE LIABLE TO YOU AS BROWNS FIT IS SOLELY LIABLE FOR THE DEBTS AND OBLIGATIONS OF THIS FACILITY AND FITNESS CENTER OPERATION.