As lawful consideration for access to Back in Action Therapy of Las Cruces and Activities, I agree to all of the terms and conditions set forth in this Waiver of Liability and Informed Consent (this "Waiver and Consent"). I understand that this Waiver and Consent will apply to each and every time that I participate with Back in Action Therapy of Las Cruces.

I acknowledge and fully understand that any fitness or exercise activities, and the use of training and fitness equipment and machinery, involve risks of serious injury, permanent disability, or death, even if done correctly and with the utmost attention to safety. I further acknowledge and fully understand that participation in any fitness or exercise activities could aggravate a pre-existing condition, whether known or unknown, and that there may be other risks associated with my participation in fitness or exercise activities that are not known or not reasonably foreseeable at this time. Further, I hereby waive, release, and discharge Back in Action Therapy of Las Cruces from any and all liability from death, injuries or damages to persons or property arising from, or in any way connected with my engagement or participation in the Activities, no matter where those injuries or damages occur.

I acknowledge that Back in Action Therapy of Las Cruces offers general wellness and fitness information and is designed and intended for informational purposes only. I acknowledge and fully understand that Back in Action Therapy of Las Cruces cannot guarantee that any programs, methods, workouts, recommendations, or routines will be safe, effective or suitable for everyone. I acknowledge and fully understand that the information provided is not intended to replace a one-on-one relationship with a qualified health care professional, and is not intended, and must not be taken as, medical advice or the practice of medical or professional care. I understand that the Activities made available through by Back in Action Therapy of Las Cruces are offered without warranties or guarantees of any kind, express or implied, including, but not limited to, warranties of safety or fitness for any particular purpose. I understand that the Activities provided by Back in Action Therapy of Las Cruces may not be medically supervised, and that if I have any questions or concerns about my health, I should immediately consult my physician or other qualified health care professional.

I acknowledge and fully understand that a physician’s approval is highly recommended prior to participating in any type of fitness or exercise activity, and I hereby represent that I have either obtained a signed approval from my physician, or that I acknowledge the risks inherent in such activities but have elected to engage in said activities without seeking prior approval by a physician.

I expressly agree that this Waiver and Consent is intended to be as broad and inclusive as is permitted by the laws of the State of New Mexico, and that if any provision of this Waiver and Consent shall be found to be unlawful or for any reason unenforceable, then that provision shall be deemed severable from this Waiver and Consent and shall not affect the validity and enforceability of any remaining provisions. All legal rights and obligations relating to this Waiver and Consent and relating to the programming and services provided under pursuant with Back in Action Therapy of Las Cruces shall be governed by New Mexico law, irrespective of any choice-of-law principles, and this Waiver and Consent shall be deemed to have been agreed to and executed in New Mexico.

I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS FORM IN ITS ENTIRETY AND FULLY UNDERSTAND IT. I UNDERSTAND THAT IT CONTAINS A WAIVER AND RELEASE OF LIABILITY. I ACKNOWLEDGE THAT BY SIGNING THIS WAIVER AND CONSENT, I AM WAIVING CERTAIN RIGHTS THAT I OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST BACK IN ACTION THERAPY OF LAS CRUCES ARISING FROM OR IN CONNECTION WITH THE WELLNESS, FITNESS AND EXERCISE ACTIVITIES PROVIDED BY BACK IN ACTION THERAPY OF LAS CRUCES, INCLUDING FOR ITS NEGLIGENCE, MY OWN NEGLIGENCE, OR THAT OF BACK IN ACTION THERAPY OF LAS CRUCES OWNERS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, PRACTITIONERS, TRAINERS, AND COACHES. I UNDERSTAND THAT THIS SERVICE IS TO BE USED CAREFULLY AND AT MY OWN RISK.