WAIVER OF LIABILITY

I fully understand and was made aware that there are possible and potential risk for me to get injured from the use of any PHO equipment and/or participating in any PHO activities. Activities which may lead to accidents, that includes but is not limited to the potential for permanent paralysis and/or even death. Therefore, having full knowledge of the risks involved in my participation in these activities, I shall conscientiously assume all the risks involved in connection therewith.

I acknowledge and assume all risks associated with the use of exercise equipment. Exercising alone without the requirement of supervision and presence of any PHO staff on the premises shall likewise be acceptable on my end. I hereby expressly release, free, and hold harmless PHO, as well as all its sponsors, advertisers, owners and lessors of the premises or of such facility, and their respective officers, heirs, assigns,, affiliates, agents and employees with respect to any and all injury, disability, death, loss or damage to my person or my property that may arise out of or in connection with the use of any of the equipment or the facilities of PHO, or any accident that may occur while in the use of such facilities, or otherwise related to my membership.

I hereby warrant and represent that I do not have any pre-existing medical, mental condition, disability or any disease, that could become worse during exercise or result in damage to my health, while engaged in any physical activity at PHO. I hereby warrant and agree that I shall be solely responsible for the exercise of due diligence and give attention to my own physical and mental well-being at all times while in the PHO facilities.

I do hereby expressly agree that this release is intended to be as broad and inclusive as permitted by applicable laws and regulations, and if any portion of this waiver or release shall be held invalid or void, the provisions that are unaffected shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives and any other next of kin. I understand that PHO is relying on this release in agreeing to enter into this Agreement.

I acknowledge, and fully understand that PHO shall not, to the extent permitted by law, accept any liability for any injury, disability, death, or loss or damage to my person or my property, except those arising from their gross negligence or breach of this Agreement.