IRON MIND GYM LLC
LIABILITY WAIVER AND RELEASE OF CLAIMS
12311 S Industrial Dr, Unit E, Plainfield, IL 60585 | 24/7 Self-Service Strength Training
WARNING: THIS RELEASE IS LEGALLY BINDING. READ THE ENTIRE DOCUMENT BEFORE SIGNING.
THIS LIABILITY WAIVER AND RELEASE OF CLAIMS ("Waiver") IS A SEPARATE DOCUMENT FROM YOUR MEMBERSHIP AGREEMENT. BY SIGNING BELOW, YOU GIVE UP SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IRON MIND GYM LLC FOR INJURIES CAUSED BY ITS OWN NEGLIGENCE. DO NOT SIGN THIS DOCUMENT IF YOU DO NOT UNDERSTAND IT OR DO NOT AGREE TO ITS TERMS.
PARTIES
Member: N/A, date of birth N/A, whose electronic signature appears in the signature block at the end of this document ("Member," "you," or "your").
Released Parties: Iron Mind Gym LLC, an Illinois limited liability company, with its principal place of business at 12311 S Industrial Dr, Unit E, Plainfield, IL 60585, together with its members, managers, officers, employees, agents, independent contractors, personal trainers, successors, assigns, and any entity controlling, controlled by, or under common control with Iron Mind Gym LLC (collectively, "Iron Mind Gym" or the "Gym").
SECTION 1: ACKNOWLEDGMENT OF 24/7 UNSTAFFED OPERATION
You acknowledge and agree to each of the following facts about Iron Mind Gym's operations.
1.1 Access and Hours. Iron Mind Gym operates as a 24-hours-a-day, seven-days-a-week self-service fitness facility accessible by key fob and/or mobile application. The Gym does not maintain staff on the premises at all hours of operation.
1.2 No Guaranteed Staff Presence. There will be periods — including nights, early mornings, weekends, and holidays — during which no Iron Mind Gym employee or agent is physically present on the premises. You understand and accept that when you use the Gym during unstaffed hours, you do so without on-site supervision, instruction, spotting assistance, or immediate human emergency response.
1.3 Unstaffed Emergency Response Delay. You acknowledge that if a medical emergency, injury, or other emergency event occurs during unstaffed hours, there may be a significant delay — potentially many minutes or longer — before trained emergency personnel or any other person arrives to provide assistance. This delay is an inherent and known characteristic of a 24/7 self-service facility. You voluntarily assume the risk of injury or death that may result from, or be exacerbated by, this delay in emergency response.
1.4 Member Responsibility for Safety. You agree that during unstaffed hours, you bear sole responsibility for monitoring your own physical condition, exercising within your own physical capabilities, and taking reasonable precautions for your own safety. You agree not to use the Gym alone during unstaffed hours if you have any health condition, injury, or physical limitation that would make unassisted exercise dangerous.
1.5 Emergency Contact Information. You acknowledge that emergency services in Plainfield, Illinois can be reached by dialing 9-1-1. You understand that if you are injured or experience a medical emergency at the Gym, you or another member present may need to contact emergency services directly.
SECTION 2: ASSUMPTION OF RISK — FREE WEIGHTS AND BARBELL EQUIPMENT
2.1 Equipment Included. This section applies to all barbells, dumbbells, weight plates, collars, weight trees, benches, flat benches, incline benches, decline benches, preacher curl benches, and all other free weight equipment at Iron Mind Gym.
2.2 Known Risks. You acknowledge that the use of free weights and barbell equipment involves significant risks inherent to the activity itself, including but not limited to: muscle strains and tears; ligament and tendon ruptures; fractures and broken bones resulting from dropped or mishandled weights; crush injuries to hands, feet, fingers, and toes; joint injuries including shoulder, elbow, wrist, hip, knee, and ankle injuries; back injuries including disc herniation and spinal strain; bruising, lacerations, and contusions from contact with equipment; falling or losing balance while holding or moving heavy weights; injury from collars failing or being improperly secured; and death.
2.3 Sole Risk. The use of free weights and barbell equipment at Iron Mind Gym is undertaken at your SOLE RISK. You acknowledge that these risks exist regardless of whether Iron Mind Gym has been negligent in the maintenance, inspection, repair, arrangement, or supervision of this equipment.
2.4 Specific Negligence Acknowledged. You specifically acknowledge that injuries from free weight and barbell equipment may result from Iron Mind Gym's negligence, including negligent maintenance, negligent inspection, negligent repair, failure to warn, failure to remove defective or worn equipment, and failure to supervise, and you voluntarily assume the risk of such injury to the fullest extent permitted by applicable Illinois law.
SECTION 3: ASSUMPTION OF RISK — POWER RACKS AND SQUAT RACKS
3.1 Equipment Included. This section applies to all power racks (also called power cages), squat racks, half racks, monolift attachments, safety bars, J-hooks, spotter arms, pull-up bars integrated into racks, and all associated attachments and accessories at Iron Mind Gym.
3.2 Solo Lifting Without a Required Spotter. Iron Mind Gym does not require members to use a spotter when using power racks or squat racks. You acknowledge that performing exercises such as squats, bench press, overhead press, rack pulls, and other barbell movements inside a power rack without a spotter significantly increases the risk of serious injury, including being pinned under a barbell, failing to complete a lift, and falling. The safety bars and spotter arms on power racks reduce but do not eliminate these risks.
3.3 Known Risks. You acknowledge that the use of power racks and squat racks involves significant risks, including but not limited to: being trapped beneath or crushed by a barbell; spinal compression injuries; joint failure under load; fractures; loss of consciousness under maximal effort; loss of grip resulting in dropped weights; injury from improper rack height settings; injury from equipment failure including pin failures, j-hook failures, and frame deformation; and death.
3.4 Sole Risk. The use of power racks and squat racks at Iron Mind Gym is undertaken at your SOLE RISK. You acknowledge that these risks exist regardless of whether Iron Mind Gym has been negligent in the maintenance, inspection, repair, or supervision of this equipment.
3.5 Specific Negligence Acknowledged. You specifically acknowledge that injuries from power racks and squat racks may result from Iron Mind Gym's negligence, including negligent maintenance, negligent inspection, negligent repair, failure to warn, and failure to remove defective equipment, and you voluntarily assume the risk of such injury to the fullest extent permitted by applicable Illinois law.
SECTION 4: ASSUMPTION OF RISK — CABLE MACHINES AND RESISTANCE EQUIPMENT
4.1 Equipment Included. This section applies to all cable machines, functional trainers, cable crossover machines, lat pulldown machines, seated row machines, tricep pushdown stations, leg press machines, leg extension machines, leg curl machines, hip abductor/adductor machines, chest press machines, shoulder press machines, pec deck machines, and all other selectorized or plate-loaded resistance machines at Iron Mind Gym.
4.2 Known Risks. You acknowledge that the use of cable machines and resistance equipment involves significant risks, including but not limited to: muscle strains and tears; joint injuries; injuries from cable breaks or cable fraying; injuries from attachment failures including handles, bars, ropes, and ankle straps; injuries from weight stack drops; pinch injuries from moving parts; back injuries from improper form; injuries from seat or pad adjustments failing; loss of balance; and death.
4.3 Sole Risk. The use of cable machines and resistance equipment at Iron Mind Gym is undertaken at your SOLE RISK. You acknowledge that these risks exist regardless of whether Iron Mind Gym has been negligent in the maintenance, inspection, repair, lubrication, or supervision of this equipment.
4.4 Specific Negligence Acknowledged. You specifically acknowledge that injuries from cable machines and resistance equipment may result from Iron Mind Gym's negligence, including negligent maintenance, negligent inspection, negligent repair, failure to warn, and failure to remove worn or defective cables, attachments, or components, and you voluntarily assume the risk of such injury to the fullest extent permitted by applicable Illinois law.
SECTION 5: ASSUMPTION OF RISK — CARDIO EQUIPMENT
5.1 Equipment Included. This section applies to all treadmills, elliptical trainers, stationary bicycles (upright and recumbent), stair climbers, stair steppers, rowing machines, ski ergometers, assault bikes, and all other cardiovascular training equipment at Iron Mind Gym.
5.2 Known Risks. You acknowledge that the use of cardio equipment involves significant risks, including but not limited to: falls from moving treadmill belts; friction burns from contact with a moving treadmill belt; joint injuries including knee, hip, and ankle injuries; muscle strains; loss of balance and falls from elevated equipment; cardiac events triggered by elevated cardiovascular exertion; injuries from equipment malfunction including sudden stops, belt slippage, and mechanical failure; entanglement with moving parts; and death.
5.3 Sole Risk. The use of cardio equipment at Iron Mind Gym is undertaken at your SOLE RISK. You acknowledge that these risks exist regardless of whether Iron Mind Gym has been negligent in the maintenance, inspection, repair, or supervision of this equipment.
5.4 Specific Negligence Acknowledged. You specifically acknowledge that injuries from cardio equipment may result from Iron Mind Gym's negligence, including negligent maintenance, negligent inspection, negligent repair, failure to warn, and failure to remove malfunctioning equipment, and you voluntarily assume the risk of such injury to the fullest extent permitted by applicable Illinois law.
SECTION 6: ASSUMPTION OF RISK — OVEREXERTION AND RHABDOMYOLYSIS
6.1 Overexertion Generally. You acknowledge that engaging in any form of exercise — including the use of every category of equipment described in this Waiver — carries the risk of overexertion, which means pushing the body beyond its current physical capabilities. Overexertion can cause acute and serious medical conditions.
6.2 Rhabdomyolysis. You specifically acknowledge the risk of rhabdomyolysis ("rhabdo"), a serious medical condition caused by the rapid breakdown of muscle tissue, which releases proteins into the bloodstream that can damage the kidneys and cause kidney failure, acute injury, and death. Rhabdomyolysis can result from intense or prolonged exercise, dramatic increases in training volume or intensity, dehydration, heat exposure, or any combination of these factors.
6.3 Additional Overexertion Conditions. You additionally acknowledge the risks of: exercise-induced hyponatremia (dangerously low blood sodium from over-hydration); heat exhaustion and heat stroke; fainting and loss of consciousness; severe muscle cramps; and delayed-onset muscle soreness severe enough to impair function.
6.4 Sole Risk. Participation in exercise activities at Iron Mind Gym that results in overexertion, rhabdomyolysis, or any related condition is undertaken at your SOLE RISK. You assume full responsibility for monitoring your own exertion level, staying hydrated, and seeking medical attention promptly if you experience warning signs of any overexertion condition.
SECTION 7: ASSUMPTION OF RISK — CARDIOVASCULAR EVENTS AND CARDIAC RISK
7.1 Known Risks. You acknowledge that physical exercise, including the types of exercise performed at Iron Mind Gym, can trigger serious cardiovascular events including heart attack (myocardial infarction), cardiac arrest, stroke, arrhythmia, and sudden cardiac death. These events can occur in individuals with known cardiac conditions, undiagnosed cardiac conditions, or no known history of heart disease.
7.2 Elevated Risk During Exertion. You understand that strenuous exercise — particularly heavy resistance training, high-intensity interval training, and maximal cardiovascular effort — significantly elevates the risk of cardiovascular events compared to sedentary activity. You assume the risk of cardiovascular events, including death, occurring during or immediately following exercise at Iron Mind Gym.
7.3 Member Responsibility. You represent that you are aware of any cardiovascular risk factors that apply to you and have taken or will take appropriate medical precautions before beginning or continuing an exercise program at Iron Mind Gym. See also Section 13 regarding physician clearance.
7.4 Sole Risk. Participation in exercise activities at Iron Mind Gym that results in a cardiovascular event is undertaken at your SOLE RISK, except to the extent caused by the willful and wanton misconduct of Iron Mind Gym (see Section 14).
SECTION 8: ASSUMPTION OF RISK — PREMISES HAZARDS
8.1 Scope. This section applies to all physical areas of the Iron Mind Gym premises, including the main exercise floor, weight room, cardio area, stretching and functional training area, locker rooms, restrooms, wet areas (including floors near water fountains and wet equipment), bathrooms, showers (if any), hallways, lobby and check-in area, storage areas, parking lot, exterior walkways, entrance and exit ramps, stairways, and all other areas on or adjacent to the Iron Mind Gym property.
8.2 Exercise Floor Hazards. You acknowledge the risk of slips, trips, and falls on the exercise floor due to conditions including dropped weight plates, barbells, dumbbells, or collars left on the floor; sweat, water, or other liquids on the floor surface; exercise mats, resistance bands, and other accessories on the floor; uneven flooring surfaces; and transitions between flooring types.
8.3 Locker Room and Restroom Hazards. You acknowledge the risk of slips, trips, and falls and other injuries in locker rooms, restrooms, and bathrooms due to conditions including wet and slippery tile or concrete floors; water accumulation; soap or cleaning product residue; inadequate drainage; and limited visibility in changing areas. You specifically acknowledge that locker rooms and restrooms present elevated slip-and-fall risk compared to dry workout areas, and you assume that risk.
8.4 Parking Lot and Exterior Hazards. You acknowledge the risk of slips, trips, and falls on the parking lot and exterior walkways due to conditions including uneven pavement, ice, snow, rain, pooling water, debris, and poor lighting conditions during early morning or late night hours of access.
8.5 Wall Fixtures, Mirrors, and Mounted Equipment. You specifically acknowledge the risk of injury from wall-mounted fixtures including weight storage hooks, accessory hangers, plate trees affixed to walls, pull-up bars and rig systems mounted to walls or ceilings, rubber flooring edges, and all mirrors. Mirrors are present throughout the gym and may pose a risk of injury from breakage or collision. You assume the risk of injury from these specific wall-mounted and affixed items, including risks arising from negligent installation, negligent maintenance, and failure to inspect these fixtures.
8.6 Structural Elements and Building Systems. You specifically acknowledge the risk of injury arising from the building's structural elements, including roofing systems, HVAC systems and components, ductwork, ventilation equipment, ceiling fixtures and lighting systems, electrical systems, plumbing, and the building structure itself. You acknowledge that these elements may be sources of injury — including objects falling from the ceiling or walls, exposure to extreme temperatures from HVAC failure, water intrusion, and similar conditions — and you assume the risk of injury from these specific structural sources, including risks arising from negligent maintenance and negligent inspection.
8.7 Lighting Conditions. You acknowledge that lighting conditions at Iron Mind Gym may vary by time of day, location within the facility, and operational status of lighting fixtures. You specifically acknowledge the risk of injury from reduced lighting conditions, including in locker rooms, restrooms, parking areas, and exterior walkways, and you assume that risk.
8.8 Interaction of General and Specific Risks. You understand that the specific hazard types identified in this Section 8 are not exhaustive of all premises hazards at Iron Mind Gym, but they are representative of the categories of hazards that are foreseeable in the operation of a fitness facility. You assume the risk of injury from the specific hazards named above.
8.9 Sole Risk. Use of all areas of the Iron Mind Gym premises described in this Section 8 is at your SOLE RISK with respect to the conditions described herein. You acknowledge that these premises risks may result from Iron Mind Gym's negligence, including negligent maintenance, negligent inspection, negligent repair, failure to warn, and failure to correct dangerous conditions, and you assume the risk of such injury to the fullest extent permitted by applicable Illinois law.
SECTION 9: ASSUMPTION OF RISK — PERSONAL TRAINING AND FITNESS ADVISORY SERVICES
9.1 Services Covered. This section applies to all personal training services, fitness assessments, exercise programming consultations, and fitness advisory services provided by Iron Mind Gym or its independent contractor personal trainers to you at the Gym.
9.2 Selection of Programs, Methods, and Equipment. You acknowledge that the selection of exercise programs, methods, and types of equipment recommended or prescribed for you by a personal trainer or fitness advisor at Iron Mind Gym shall be your entire responsibility once you agree to perform those exercises. You acknowledge the risks inherent in any exercise program designed or recommended for you, including risks arising from the selection of exercise programs, methods, and types of equipment that may be inappropriate for your current fitness level, health status, or physical condition.
9.3 Known Risks. You acknowledge that participating in personal training sessions involves all of the risks described in Sections 2 through 7 of this Waiver, as well as additional risks including: injury from performing exercises under a trainer's instruction that prove too advanced for your current capabilities; injury from improper coaching cues or technique instructions; injury from fitness assessments including functional movement screens, strength tests, and cardiovascular assessments; and injury from exercise programming that does not account for undisclosed health conditions or injuries.
9.4 Your Duty to Disclose. You acknowledge a duty to disclose to any personal trainer or fitness advisor all known health conditions, prior injuries, current medications, and physical limitations before beginning a session. You acknowledge that Iron Mind Gym's trainers are not physicians and do not provide medical advice, diagnosis, or treatment.
9.5 Sole Risk. Participation in personal training and fitness advisory services at Iron Mind Gym is undertaken at your SOLE RISK with respect to the risks described in this section, including risks arising from the selection of exercise programs, methods, and types of equipment. You acknowledge that injuries may result from Iron Mind Gym's negligence, including negligent supervision, negligent instruction, and negligent selection of programs and methods, and you voluntarily assume that risk to the fullest extent permitted by applicable Illinois law.
SECTION 10: ASSUMPTION OF RISK — SUPPLEMENT AND RETAIL PRODUCTS
10.1 Products Covered. Iron Mind Gym may sell or make available dietary supplements, protein powders, pre-workout products, recovery products, sports nutrition items, and other retail merchandise on the premises.
10.2 No Medical Endorsement. Iron Mind Gym does not represent that any supplement or retail product is safe or appropriate for your individual health status, medications, or goals. Dietary supplements are not reviewed or approved by the U.S. Food and Drug Administration for safety or efficacy prior to sale.
10.3 Known Risks. You acknowledge that the purchase and use of dietary supplements and other retail products carries risks including: adverse reactions to ingredients; interactions with prescription or over-the-counter medications; cardiovascular stimulation from stimulant-containing products; gastrointestinal distress; allergic reactions; and risks from contaminants or mislabeled ingredients in the supplement industry.
10.4 Your Responsibility. You acknowledge that the decision to purchase and consume any supplement or retail product is entirely your own. You agree to consult a physician or pharmacist before consuming any supplement if you have any health condition, take any medication, or are pregnant or nursing.
10.5 Assumption of Risk. You assume all risks associated with the purchase and use of any supplement or retail product sold or made available at Iron Mind Gym.
SECTION 11: ASSUMPTION OF RISK — INTERACTION WITH OTHER MEMBERS
11.1 Shared Facility. Iron Mind Gym is a shared fitness facility used by multiple members simultaneously, including during unstaffed hours when no employee is present to moderate member interactions or behavior.
11.2 Known Risks. You acknowledge the risk of injury resulting from your interaction with other members, including: being struck by weights, barbells, dumbbells, or other equipment dropped or mishandled by another member; collision with another member while moving through the facility; exposure to communicable illness in a shared fitness environment; and disputes or altercations with other members, particularly during unstaffed hours.
11.3 No Control Over Other Members. You acknowledge that Iron Mind Gym cannot guarantee the behavior, competence, or conduct of other members, particularly during unstaffed hours. You assume the risk of injury caused by other members' actions, negligence, or misconduct, subject to any applicable claims you may have directly against that member.
SECTION 12: EMERGENCY RESPONSE LIMITATIONS — AED AND UNSTAFFED HOURS
12.1 AED Presence and Location. You acknowledge that Iron Mind Gym has installed one or more Automated External Defibrillators (AEDs) on the premises. The AED is located at a clearly marked location within the facility, as indicated on the emergency information posted on-site. You acknowledge that it is your responsibility to familiarize yourself with the AED's location when you enter the Gym.
12.2 Compliance with 210 ILCS 74 and 410 ILCS 4. You acknowledge that Iron Mind Gym's AED is registered with local emergency medical services (EMS) in accordance with 210 ILCS 74 and 410 ILCS 4. The AED is maintained per manufacturer specifications and applicable law. Iron Mind Gym has an Emergency Action Plan on file with the Illinois Department of Public Health (IDPH). Trained AED users are available during staffed hours.
12.3 AED Limitations During Unstaffed Hours. You acknowledge and understand that during unstaffed hours, no Iron Mind Gym employee or trained AED operator is guaranteed to be present. If you or another member experiences a cardiac emergency during unstaffed hours, the AED will be available for use, but there may be no trained person on site to operate it. You assume the risk of delayed or absent AED assistance during unstaffed hours.
12.4 Emergency Delay Acknowledgment. You specifically acknowledge that in any emergency — cardiac arrest, severe injury, loss of consciousness, or other medical crisis — occurring during unstaffed hours, the absence of on-site staff means that emergency response may be delayed beyond what would occur in a staffed facility. You voluntarily assume the risk that this delay may worsen your injury, condition, or outcome, up to and including death.
12.5 Willful and Wanton Carve-Out. Nothing in this Section 12 shall be construed to release Iron Mind Gym from liability for willful and wanton misconduct in connection with the non-use or misuse of an AED when a trained user is on the premises and a member is experiencing an apparent cardiac event. This carve-out is required by Dawkins v. Fitness International, LLC, 2022 IL 127561 (Ill. 2022), and the Physical Fitness Facility Medical Emergency Preparedness Act, 210 ILCS 74/1 et seq. See also Section 14.6.
SECTION 13: MEDICAL CONDITION REPRESENTATION AND PHYSICIAN CLEARANCE
13.1 Health Representation. By signing this Waiver, you represent and warrant that, to the best of your knowledge: (a) you are in adequate physical health to participate in vigorous strength training and cardiovascular exercise; (b) you have no known medical condition that would make strenuous physical exercise dangerous or contraindicated without physician supervision; and (c) if you have or suspect you have any cardiovascular disease, heart condition, high blood pressure, diabetes, metabolic disorder, orthopedic injury, neurological condition, respiratory condition, or any other condition that could be affected by physical exercise, you have consulted with a licensed physician and obtained clearance for participation in a gym exercise program before signing this Waiver and beginning or continuing your membership.
13.2 Duty to Update. You acknowledge a continuing duty to stop exercising and consult a physician if your health status changes during your membership in a way that may make exercise dangerous. Iron Mind Gym is not responsible for injuries that result from your failure to disclose or account for a known or suspected medical condition.
13.3 No Medical Advice. Nothing in this Waiver, the Membership Agreement, or any communication from Iron Mind Gym or its staff constitutes medical advice. Iron Mind Gym strongly encourages you to consult a physician before beginning any new exercise program.
13.4 PAR-Q Acknowledgment. You acknowledge that Iron Mind Gym may ask you to complete a Physical Activity Readiness Questionnaire (PAR-Q) or similar health screening tool. If your responses to that questionnaire indicate risk factors, Iron Mind Gym recommends you obtain physician clearance before exercising.
SECTION 14: RELEASE OF LIABILITY
THIS SECTION CONTAINS THE OPERATIVE LEGAL RELEASE. READ IT CAREFULLY.
14.1 Release. In consideration of being permitted to use the facilities, equipment, personal training services, and premises of Iron Mind Gym LLC, and for other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge, you, on behalf of yourself and your heirs, executors, administrators, legal representatives, successors, and assigns, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Released Parties (as defined in the Parties section above) from any and all claims, demands, losses, damages, causes of action, suits, and liability of every kind and nature — whether known or unknown, foreseen or unforeseen, currently existing or arising in the future — arising out of or related to: (a) your use of any and all equipment at Iron Mind Gym, including free weights, barbells, dumbbells, weight plates, power racks, squat racks, cable machines, resistance machines, cardio equipment, and all other fitness equipment on the premises; (b) your participation in any exercise activity, fitness program, personal training session, fitness assessment, or other physical activity at Iron Mind Gym; (c) your presence on any part of the Iron Mind Gym premises, including the exercise floor, weight room, cardio area, locker rooms, restrooms, bathrooms, wet areas, lobby, hallways, parking lot, exterior walkways, and all other areas of the property; (d) the condition of any Iron Mind Gym equipment, fixtures, surfaces, or premises, including wall-mounted fixtures, mirrors, mounted equipment, structural elements, roofing, HVAC systems, lighting, and building systems; (e) the selection of exercise programs, methods, and types of equipment, whether selected by you, recommended by a personal trainer, or otherwise; (f) the provision or failure to provide fitness advisory services or personal training services; (g) Iron Mind Gym's operation as a 24/7 unstaffed or partially staffed facility, including the absence of on-site staff during any period of your use of the Gym; (h) emergency response delays, including delays in AED deployment or emergency medical response, during periods when no Iron Mind Gym staff is present on the premises; and (i) your purchase or use of any supplement or retail product sold or made available at Iron Mind Gym.
14.2 Negligence of Iron Mind Gym LLC. This Release expressly covers and applies to injuries, losses, and damages caused by the NEGLIGENCE OF IRON MIND GYM LLC, including but not limited to the following specific types of negligence: (a) negligent maintenance of equipment, fixtures, flooring, walls, ceilings, structural elements, building systems, and all other components of the facility; (b) negligent inspection of equipment, fixtures, premises, and building systems, or failure to inspect; (c) negligent repair of equipment, fixtures, and premises, or failure to repair known defects or dangerous conditions; (d) negligent supervision of members, including failure to monitor member activity, failure to intervene in unsafe member behavior, or failure to provide spotting or assistance; (e) failure to warn members of known or reasonably discoverable dangerous conditions, defective equipment, or hazards on the premises; (f) negligent design or layout of the facility, equipment arrangement, or exercise programming; (g) negligent operation of the facility, including decisions relating to staffing levels, hours of operation, access control, and emergency protocols; (h) failure to maintain or deploy an AED during periods when staff is absent from the facility; and (i) negligent selection, retention, or training of employees, agents, and independent contractor personal trainers.
14.3 Invitee Status. You acknowledge that as a paying member, you are an invitee of Iron Mind Gym under Illinois premises liability law (740 ILCS 130), and that Iron Mind Gym owes you a duty of reasonable care. By signing this Waiver, you expressly waive claims based on Iron Mind Gym's breach of that duty of ordinary negligence, to the fullest extent permitted by applicable Illinois law.
14.4 Statute of Limitations. You acknowledge that under 735 ILCS 5/13-202, the statute of limitations for personal injury claims in Illinois is generally two years from the date of injury. Nothing in this Waiver alters or extends that limitations period. The discovery rule may toll the limitations period under certain circumstances.
14.5 Scope of Release. This Release covers ordinary negligence only. It is your agreement that, to the fullest extent permitted by applicable Illinois law, you give up the right to sue Iron Mind Gym for claims based on ordinary negligence related to the specific activities, equipment, premises, and services described in this Waiver.
14.6 Willful and Wanton Conduct — EXPRESSLY NOT RELEASED. THIS RELEASE DOES NOT APPLY TO, AND DOES NOT RELEASE, DISCHARGE, OR WAIVE ANY CLAIM ARISING FROM THE WILLFUL AND WANTON CONDUCT OR GROSS MISCONDUCT OF IRON MIND GYM LLC OR ANY RELEASED PARTY. "Willful and wanton conduct" means conduct that the actor knows, or should know, creates a substantial probability of causing serious harm to another, and the actor consciously disregards that risk. This carve-out is expressly required by Illinois law. See Falkner v. Hinckley Parachute Center, Inc., 178 Ill. App. 3d 597 (1989); Dawkins v. Fitness International, LLC, 2022 IL 127561. Nothing in this Waiver shall be interpreted to bar any claim based on willful and wanton misconduct.
SECTION 15: INDEMNIFICATION
15.1 Indemnification Obligation. To the fullest extent permitted by applicable Illinois law, and except for claims arising from Iron Mind Gym's willful and wanton conduct, you agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, losses, costs, damages, and expenses (including reasonable attorneys' fees) brought by any third party arising out of or related to: (a) your use of Iron Mind Gym's facilities, equipment, or services; (b) your violation of any Iron Mind Gym rule, policy, or the Membership Agreement; (c) your negligent or intentional act or omission on Iron Mind Gym's premises; or (d) your injury of another member or third party while at Iron Mind Gym.
15.2 Scope Limitation. This indemnification obligation does not require you to indemnify Iron Mind Gym for Iron Mind Gym's own negligence, and it does not apply to claims arising solely from Iron Mind Gym's willful and wanton conduct.
SECTION 16: ELECTRONIC SIGNATURE AND GOVERNING LAW
16.1 Electronic Execution. This Waiver is executed electronically. The electronic signature you provide below constitutes a valid and binding signature under the Illinois Uniform Electronic Transactions Act (815 ILCS 333) and the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001). Your electronic signature has the same legal force and effect as a handwritten signature on a paper document.
16.2 Scrollwrap Acknowledgment. This document is presented using a scrollwrap mechanism that requires you to scroll through the entire document before the signature field is activated. By reaching the signature field and signing, you confirm that you have had the opportunity to read every section of this Waiver in full before signing.
16.3 Governing Law. This Waiver is governed by and construed in accordance with the laws of the State of Illinois, without regard to any conflicts-of-laws rules. Any dispute arising out of or related to this Waiver shall be brought exclusively in the state or federal courts located in Will County, Illinois.
16.4 No Oral Modifications. This Waiver may not be modified or waived orally. Any modification must be in writing and signed by an authorized representative of Iron Mind Gym LLC.
SECTION 17: SEVERABILITY AND SCOPE SAVINGS
17.1 Severability. If any provision of this Waiver is held by a court of competent jurisdiction to be invalid, unenforceable, or contrary to public policy, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, shall be severed from this Waiver. The remaining provisions of this Waiver shall continue in full force and effect.
17.2 Scope Savings. To the fullest extent permitted by applicable Illinois law, the provisions of this Waiver shall be given the broadest possible scope and application consistent with Illinois law governing exculpatory agreements. See Harris v. Walker, 119 Ill. 2d 542 (1988) (Illinois Supreme Court endorsing exculpatory clauses as a total bar to negligence claims when properly drafted). If a court holds that any specific provision of this Waiver cannot release Iron Mind Gym from liability for a particular category of negligence, the court is requested to enforce the Waiver to the maximum extent permissible and to sever only the portion found unenforceable.
17.3 Entire Agreement on Waiver and Release. This Waiver is a complete and standalone agreement regarding the release of liability and assumption of risk by the Member. It supplements, and does not replace, the Membership Agreement between the Member and Iron Mind Gym LLC. In the event of a conflict between this Waiver and the Membership Agreement on the subject of liability release, this Waiver controls.
17.4 Headings. Section headings are for convenience only and do not affect the interpretation of this Waiver.
ACKNOWLEDGMENT
BY SIGNING BELOW, I CERTIFY AND ACKNOWLEDGE EACH OF THE FOLLOWING:
I HAVE READ THIS ENTIRE LIABILITY WAIVER AND RELEASE OF CLAIMS. I HAVE SCROLLED THROUGH AND HAD THE OPPORTUNITY TO REVIEW EVERY SECTION OF THIS DOCUMENT BEFORE MY SIGNATURE FIELD WAS ACTIVATED. I UNDERSTAND ITS CONTENTS.
I UNDERSTAND THAT THIS IS A LEGALLY BINDING CONTRACT IN WHICH I RELEASE IRON MIND GYM LLC FROM LIABILITY FOR ITS OWN NEGLIGENCE, INCLUDING SPECIFIC TYPES OF NEGLIGENCE DESCRIBED IN SECTION 14 OF THIS DOCUMENT.
I UNDERSTAND THAT IRON MIND GYM OPERATES AS A 24/7 SELF-SERVICE FACILITY IN WHICH STAFF MAY NOT BE PRESENT DURING MY VISIT, THAT EMERGENCY RESPONSE MAY BE DELAYED AS A RESULT, AND THAT I ASSUME THE RISKS ASSOCIATED WITH THAT CONDITION.
I UNDERSTAND THAT AN AED IS PRESENT ON THE PREMISES, THAT I HAVE THE ABILITY TO FAMILIARIZE MYSELF WITH ITS LOCATION, AND THAT AN EMERGENCY ACTION PLAN IS ON FILE WITH THE ILLINOIS DEPARTMENT OF PUBLIC HEALTH.
I AM 18 YEARS OF AGE OR OLDER. I AM ENTERING INTO THIS WAIVER FREELY AND VOLUNTARILY. NO ONE HAS PRESSURED OR COERCED ME INTO SIGNING.
I UNDERSTAND THAT I DO NOT HAVE TO SIGN THIS WAIVER, AND THAT IF I CHOOSE NOT TO SIGN IT, I WILL NOT BE PERMITTED TO USE IRON MIND GYM'S FACILITIES.
I HAVE READ AND UNDERSTAND THIS AGREEMENT INCLUDING THE RELEASE AND WAIVER OF LIABILITY CONTAINED IN SECTION 14.
SIGNATURE BLOCK
(Signature field activates only after member has scrolled through the complete document.)
Member Full Legal Name: N/A
Date of Birth: N/A
Address: N/A
Phone: N/A
Date: 6/16/2026
I confirm that I have scrolled through and read this entire Liability Waiver and Release of Claims before typing my name below.
Iron Mind Gym LLC | 12311 S Industrial Dr, Unit E, Plainfield, IL 60585
For questions please email: ironmindgym026@gmail.com
Document Version: 3.0 | Effective: June 15th, 2026