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WAIVER OF LIABILITY:   

MEMBER ACKNOWLEDGES THAT THE USE OF ZTA FACILITIES (AND ANY ACTIVITIES CONDUCTED OUTSIDE THE FOUR WALLS OF THE GYM, INCLUDING BUT NOT LIMITED TO PARKING LOTS AND OTHER AREAS NEAR THE GYM), EQUIPMENT, MERCHANDISE, SERVICES AND PROGRAMS (INCLUDING PERSONAL TRAINING) INVOLVES AN INHERENT RISK OF PERSONAL INJURY TO MEMBER AND MEMBER’S GUESTS AND INVITEES. MEMBER VOLUNTARILY AGREES TO ASSUME ALL RISKS OF PERSONAL INJURY TO MEMBER, MEMBER’S SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES AND WAIVES ANY AND ALL CLAIMS OR ACTIONS THAT MEMBER MAY HAVE AGAINST ZTA, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY SUCH PERSONAL INJURY (AND NO SUCH PERSON OR ENTITY SHALL BE LIABLE TO MEMBER, MEMBER’S SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES FOR ANY SUCH PERSONAL INJURY), INCLUDING, WITHOUT LIMITATION:  (I) INJURIES ARISING FROM USE OF ANY EXERCISE EQUIPMENT, MACHINES AND GROP TRAINING PROGRAM OR PERSONAL TRAINING SERVICES; (II) INJURIES ARISING FROM PARTICIPATION IN SUPERVISED OR UNSUPERVISED ACTIVITIES AND PROGRAMS, RUNNING TRACKS, SPINNING, ROWERS, FUNCTIONAL TRAINING, HIGH INTENSITY TRAINING, HIGH INTENSITY INTERVAL TRAINING, OR OTHER AREAS OF ANY ZTA, (III) INJURIES ARISING FROM ZTA, NEGLIGENCE, WHETHER DIRECT OR INDIRECT; (IV) INJURIES, DISEASE, INFECTION OR MEDICAL DISORDERS RESULTING FROM EXERCISING AT ZTA, INCLUDING HEART ATTACKS, STROKES, HEAT STRESS, SPRAINS, BROKEN BONES AND TORN OR DAMAGED MUSCLES, LIGAMENTS OR TENDONS; AND (V) ACCIDENTAL INJURIES WITHIN ZTA FACILITY, INCLUDING LOCKER ROOM, RESTROOM.  MEMBER ALSO WAIVES ALL CLAIMS AGAINST ZTA, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS MEMBER MAY HAVE UNDER ANY OF THE STATE’S CONSUMER PROTECTION STATUTES.  THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND THE MEMBER’S MEMBERSHIP.

ASSUMPTION OF RISK AND INDEMNIFICATION:  Member acknowledges that (i) ZTA does not manufacture any of the fitness or other equipment at its facilities and (ii) ZTA does not manufacture any vitamins, food products, sports drinks, nutritional supplements or other products sold at its facilities; accordingly, neither ZTA  nor any of its parents, subsidiaries or affiliates nor any of their respective officers, directors, employees, agents, successors or assigns shall be held liable for any such defective equipment or products. Member shall indemnify ZTA, its parents, subsidiaries and other affiliates and each of their respective officers, directors, employees, agents, successors and assigns (an “Indemnified Party”)  and save and hold each of them harmless against and pay on behalf of or reimburse any such Indemnified Party as and when incurred for any losses (including attorneys’ fees) which such indemnified party may suffer, sustain or become subject to, as a result of, in connection with, relating or incidental to or by virtue of any claim that is the subject of the waiver set forth above. The provisions of this paragraph shall survive the termination of this Agreement and the Member’s membership. 

Do not sign this Agreement until you have read it in its entirety, including all pages. The terms on this page and the following pages are a part of this Agreement. Member is entitled to a completely filled-in copy of this Agreement. By signing this Agreement, Member acknowledges that (A) This Agreement will become legally binding upon its acceptance by ZTA, and (B) ZTA makes no representations or warranties to Member, either expressed or implied, except to the extent expressly set forth in this Agreement. This Agreement, which incorporates the terms of the Company Contract, constitutes the entire agreement between the Member and ZTA with respect to the subject matter hereof and supersedes any and all prior agreements, written or oral, with respect to such subject matter.

“Thirty (30) days after the signing of this waiver, the terms and conditions of the general contract shall automatically apply, even if you have not signed the general contract separately. Your signature on this waiver constitutes acceptance of all terms and conditions contained in the general contract, which will remain in effect from thirty (30) days after your first visit until the expiration of the contract."