Liability Waiver & Release of Claims

Effective Date: March 1, 2026

This Waiver and Release of Liability ("Waiver") is entered into by the undersigned member or guest ("Participant") in favor of Bionic Barbell, LLC, its owners, officers, employees, trainers, agents, and affiliates (collectively, "Bionic Barbell"), located at 900 N Telshor Blvd, Las Cruces, NM 88011.

1. Assumption of Risk

Participant acknowledges that the use of gym facilities, fitness equipment, group fitness classes, personal training, and all other services offered by Bionic Barbell involves inherent risks of physical injury, including but not limited to:

• Muscle strains, sprains, tears, and fractures
• Joint injuries, dislocations, and ligament damage
• Cardiovascular events, including heart attack and stroke
• Overexertion, dehydration, and heat-related illness
• Injuries from falling, slipping, or contact with equipment
• Aggravation of pre-existing conditions or undisclosed medical conditions

Participant voluntarily assumes all risks of injury, illness, or death arising from participation in any activities at Bionic Barbell.

2. Recovery Services

Bionic Barbell offers specialized recovery services that carry additional inherent risks. By using any of the following services, Participant specifically acknowledges and assumes the risks associated with:

Cryotherapy (Whole-Body and Localized)

Risks include but are not limited to: skin irritation, frostbite, numbness, changes in blood pressure, dizziness, fainting, and allergic reactions. Cryotherapy is contraindicated for individuals with certain conditions including uncontrolled hypertension, Raynaud's disease, cold urticaria, deep vein thrombosis, and pregnancy.

Red Light Therapy

Risks include but are not limited to: eye strain (if eye protection is not worn), skin sensitivity, headache, and interaction with photosensitizing medications. Participant agrees to use provided eye protection at all times during treatment.

PEMF Therapy (Pulsed Electromagnetic Field)

Risks include but are not limited to: tingling sensations, temporary discomfort, and interference with electronic medical devices (pacemakers, insulin pumps, etc.). PEMF therapy is contraindicated for individuals with implanted electronic devices, during pregnancy, and for those with active bleeding disorders.

Oxygen Therapy

Risks include but are not limited to: sinus pressure, ear discomfort, lightheadedness, and temporary vision changes. Oxygen therapy may not be suitable for individuals with certain respiratory conditions.

3. Medical Acknowledgment

Participant represents and warrants that:

• Participant is in good physical health and has no medical conditions that would prevent safe participation in physical exercise or use of recovery services
• Participant has consulted with a qualified healthcare provider regarding their fitness to participate, or voluntarily chooses not to do so
• Participant will immediately inform Bionic Barbell staff of any changes in health status, injuries, or medical conditions that may affect their ability to safely participate
• Participant will follow all safety instructions, guidelines, and posted rules provided by Bionic Barbell staff

4. Release of Liability

In consideration of being permitted to use the facilities and services of Bionic Barbell, Participant hereby releases, waives, discharges, and covenants not to sue Bionic Barbell from any and all liability, claims, demands, actions, and causes of action whatsoever, arising out of or related to any loss, damage, or injury (including death) that may be sustained by Participant while using any Bionic Barbell facility, equipment, or service, whether caused by the negligence of Bionic Barbell or otherwise.

5. Indemnification

Participant agrees to indemnify, defend, and hold harmless Bionic Barbell from any loss, liability, damage, or cost (including reasonable attorneys' fees) that Bionic Barbell may incur due to Participant's use of the facilities or services, or due to any claim made by a third party arising from Participant's actions or omissions.

6. Personal Property

Bionic Barbell is not responsible for any personal property that is lost, stolen, or damaged on the premises. Participant assumes full responsibility for securing their personal belongings.

7. Photo and Video Release

Participant grants Bionic Barbell permission to use photographs, video recordings, or other likeness of Participant taken at the facility for promotional, marketing, and educational purposes, unless Participant provides written notice opting out of this release.

8. Emergency Authorization

In the event of a medical emergency, Participant authorizes Bionic Barbell staff to contact emergency medical services (911) and the emergency contact listed on Participant's membership profile. Participant agrees to be responsible for all costs associated with emergency medical treatment.

9. Governing Law

This Waiver shall be governed by and construed in accordance with the laws of the State of New Mexico. Any legal action arising from this Waiver shall be brought exclusively in the state or federal courts located in Dona Ana County, New Mexico.

10. Severability

If any provision of this Waiver is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

11. Entire Agreement

This Waiver, together with the Terms of Service and membership agreement, constitutes the entire agreement between Participant and Bionic Barbell regarding the matters set forth herein. Participant acknowledges that they have read this Waiver, understand its contents, and agree to be bound by its terms.

12. Contact Us

If you have any questions about this Waiver, please contact us:

Bionic Barbell, LLC
900 N Telshor Blvd
Las Cruces, NM 88011
Email: support@bionicbarbell.com
Phone: (575) 202-6498