根据《中华人民共和国民法通则》第一百零六条的规定,以及《中华人民共和国消费者权益保护法》第二十四条的规定,如果乙方的人身、财产伤害是由于公司的过错导致的,即便乙方签署了该协议,认同了协议中关于公司免责的内容,公司仍将承担相应的责任。比如,公司的健身器械未取得合格证明,已有国家或行业标准但是公司的设备、设施未达到标准,有的设备设施应设置警示标志而未设置相应的警示标志等等,那么在这种情况下,一旦发生乙方人身、财产损害,那么即便乙方已经认同协议中关于公司免责的内容,公司仍将承担责任。
According to article 106 of the General Principles of the Civil Law of the People’s Republic of China, and article 24 of Law of the PRC on the Protection of the Rights and Interests of Consumers, even if Party B has signed the contract and has agreed upon the exemption of liability of the company, the company shall bear the corresponding liability, if any damage to the property and body of Party B is caused by the company. For instance, if the company has failed to obtain quality certificates for its body-building facilities or has failed to let its facilities reach the national and trade standards if there are any, or has failed to give warnings where necessary, even if Party B has signed the contract and has agreed upon the exemption of liability of the company, the company shall bear the liability.