LEGAL

LIABILITY WAIVER, ASSUMPTION OF RISK, RELEASE OF CLAIMS, PRIVACY POLICY & TERMS OF SERVICE

PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.

This Liability Waiver, Assumption of Risk, Release of Claims, Privacy Policy, and Terms of Service (“Agreement”) is entered into by the undersigned participant (“Participant,” “I,” or “me”), or if a minor, the undersigned parent or legal guardian (“Parent/Guardian”), and Bucktown Assembly LLC, an Illinois limited liability company (“Bucktown Assembly,” “Company,” “we,” “us,” or “our”).

By signing below, I acknowledge that I have read, understood, and voluntarily agreed to all terms of this Agreement.

1. SCOPE OF ACTIVITIES COVERED

This Agreement applies to any and all participation in activities, services, programs, events, or use of facilities provided by Bucktown Assembly, including but not limited to:

  • Group fitness classes

  • Open gym access

  • Personal training and semi-private training

  • HYROX-style training and competitive simulations

  • Strength training, conditioning, endurance training, running, sled work, plyometrics, and mobility work

  • Use of all equipment, locker rooms, common areas, and surrounding premises

This Agreement applies regardless of whether activities are supervised or unsupervised, conducted on-site or off-site, indoors or outdoors, during staffed or unstaffed hours.

2. EXPRESS ASSUMPTION OF RISK

I understand and expressly acknowledge that participation in physical fitness and athletic activities involves inherent and unavoidable risks, including but not limited to:

  • Serious bodily injury, permanent disability, paralysis, or death

  • Muscle, ligament, tendon, or joint injuries

  • Cardiovascular events

  • Slips, falls, collisions with people or equipment

  • Equipment failure or misuse

  • Exposure to communicable illnesses

I voluntarily and knowingly assume all risks, whether known or unknown, foreseeable or unforeseeable, arising out of my participation, even if caused in whole or in part by the ordinary negligence of the Released Parties, to the fullest extent permitted by Illinois law.

3. RELEASE OF LIABILITY & WAIVER OF CLAIMS

TO THE MAXIMUM EXTENT PERMITTED BY ILLINOIS LAW, I HEREBY RELEASE, WAIVE, DISCHARGE, AND FOREVER HOLD HARMLESS Bucktown Assembly LLC and its owners, members, managers, employees, coaches, contractors, volunteers, agents, successors, assigns, and landlords (“Released Parties”) from ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, OR LIABILITIES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO MY PARTICIPATION IN ANY ACTIVITY OR USE OF THE FACILITY.

This release includes claims arising from ORDINARY NEGLIGENCE of the Released Parties.

THIS RELEASE DOES NOT APPLY TO WILLFUL OR WANTON MISCONDUCT, which cannot be waived under Illinois law.

4. COVENANT NOT TO SUE

I agree that I will not initiate or assist in any lawsuit, claim, or legal proceeding against any Released Party arising out of my participation or use of the facility, except as prohibited by Illinois law.

5. MEDICAL ACKNOWLEDGMENTS & FITNESS TO PARTICIPATE

I represent and warrant that:

  • I am physically and medically able to participate in strenuous exercise

  • I have consulted a physician regarding any medical conditions, injuries, or limitations

  • I assume full responsibility for monitoring my physical condition

Bucktown Assembly does not provide medical advice, diagnosis, or treatment.

6. PERSONAL TRAINING & PHYSICAL CONTACT CONSENT

I understand that personal training and coaching may involve verbal and physical cueing for instructional purposes. I expressly consent to such contact and understand I may withdraw consent at any time.

7. OPEN GYM ACKNOWLEDGMENT

I understand that open gym use is self-directed and may occur without active supervision. I assume full responsibility for all actions, exercise selection, and equipment use during open gym.

8. RULES, SAFETY & TERMINATION

I agree to comply with all posted rules, safety instructions, and coach direction. Bucktown Assembly reserves the right to suspend or terminate access or membership for unsafe, inappropriate, or disruptive conduct, without refund.

9. FEES, MEMBERSHIP & NO REFUNDS

All memberships, packages, and sessions are non-refundable, except as required by law. Missed sessions do not entitle me to credits or refunds unless expressly stated in writing by Bucktown Assembly.

10. PRIVACY POLICY & MEDIA RELEASE

A. Collection & Use of Information

Bucktown Assembly may collect personal information including name, contact information, emergency contacts, and participation history. This information is used for membership administration, safety, communication, billing, and marketing.

We do not sell personal information to third parties.

B. Photo, Video, & Audio Recording Consent

I hereby grant Bucktown Assembly the irrevocable, perpetual, worldwide, royalty-free right to photograph, video record, or otherwise capture my likeness, voice, and appearance during participation in any activity.

C. Marketing & Online Use Authorization

I expressly authorize Bucktown Assembly to use, reproduce, modify, publish, distribute, and publicly display such media for:

  • Website content

  • Social media (including future platforms)

  • Digital and print advertising

  • Promotional materials

  • Internal training or branding

  • This consent applies without compensation, and I waive any right to inspect or approve the finished product.

D. Revocation

I may revoke future use by submitting written notice; however, I understand revocation does not apply retroactively to media already published or distributed.

11. PERSONAL PROPERTY DISCLAIMER

Bucktown Assembly is not responsible for loss, theft, or damage to personal property.

12. INDEMNIFICATION

I agree to indemnify, defend, and hold harmless the Released Parties from any claims, damages, losses, or expenses, including attorneys’ fees, arising from my actions or participation, including claims brought by third parties.

13. MINORS & PARENTAL CONSENT

If the Participant is under 18 years of age:

  • The undersigned Parent/Guardian consents to the minor’s participation

  • The Parent/Guardian agrees to all terms on behalf of the minor

  • The Parent/Guardian releases and indemnifies the Released Parties from any claims brought by or on behalf of the minor

  • The Parent/Guardian accepts full financial and legal responsibility for the minor

14. GOVERNING LAW & VENUE

This Agreement shall be governed by the laws of the State of Illinois, without regard to conflict-of-law principles. Any legal action shall be brought exclusively in the state or federal courts located in Cook County, Illinois.

15. SEVERABILITY & ENTIRE AGREEMENT

If any provision is found unenforceable, the remainder shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties.

ACKNOWLEDGMENT & SIGNATURE

I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, UNDERSTAND ITS TERMS, AND AM VOLUNTARILY WAIVING CERTAIN LEGAL RIGHTS.