LIABILITY WAIVER AND RELEASE
THIS AGREEMENT RESULTS IN YOU WAIVING RIGHTS AND POTENTIAL RIGHTS, WHETHER ON YOUR OWN BEHALF AND/OR ON BEHALF OF SOMEONE FOR WHOM YOU ARE AUTHORIZED TO MAKE SUCH DECISIONS AND AGREEMENTS. THE PERSON WHOSE RIGHTS ARE BEING WAIVED AND RELEASED IS THE “RELEASOR”. YOU SHOULD NOT EXECUTE THIS AGREEMENT UNTIL AND UNLESS YOU COMPLETELY UNDERSTAND IT AND UNRESERVEDLY AND IRREVOCABLY CONSENT TO IT. THIS AGREEMENT IS LEGALLY BINDING.
Good Judgment and Good Conduct by Releasor. Releasor warrants and represents that Releasor is capable of using and shall use good judgment with regard to Releasor’s conduct and Releasor’s participation in activities (the “Activities”) and/or Child Watch services (the “Services”) at or via High Five Fitness LLC, LLC (d/b/a Burn Boot Camp) (the “Company”). Most of the Activities shall involve some level of physical exertion, sometimes significant physical exertion, and Releasor must and shall decide to participate in Activities only if and to the extent Releasor can reasonably participate and is comfortable doing so. Releasor promises to not participate in Activities or Services if Releasor is uncomfortable or unsure regarding the safety or appropriateness of participating. Releasor will otherwise act in a manner which is respectful and safe toward others during and relating to Activities and Services at or via the Company and when participating in or being present at any Company sponsored, organized, or affiliated event or program and when on property owned or controlled by Company.
Appropriate and Sufficient Health, Medical, Physical, Mental, and Emotional Condition. Releasor warrants and represents that Releasor is in appropriate and sufficient good health and medical, physical, mental, and emotional condition to participate in the Activities that Releasor will be participating in at or via Company and that Releasor has no physical or mental conditions, problems or issues which would endanger Releasor or others due to such participation. Releasor further warrants and represents that Releasor will not utilize the Services except when the child to be cared for is in good health, does not require any medications to be provided while the Services are being utilized, and does not pose an elevated risk toward others, including other children.
Informed Consent and Assumption of Risk. Participating in Activities at or via the Company will by the very nature of said Activities lead to a certain level of physical exertion and physical activity, social interaction with third party persons, and potential exposure to infectious diseases and/or contagions. By participating in Activities through online streaming or online replay, Releasor acknowledges that Releasor is participating in Activities in areas that may be new and unfamiliar to Releasor, have not been inspected or approved by the Company as suitable for performance of the Activities, and which may not be suitable for the Activities. Additionally, by participating in Activities through online streaming or online replay, Releasor acknowledges that the Company and its employees may be limited in their ability to see and interact with Releasor during the Activities, which may prevent the Company and its employees from providing corrective instructions or intervening in the event of injury or healthcare emergency. Further, participating in Activities through online streaming or similar online delivery methods may allow, either through authorized or unauthorized access to the Releasor’s or the Company’s video and audio files or streams, the Company, its employees, other participants in the Activities, or other third parties to view, hear, or otherwise observe video, still images, or audio of Releasee and anyone else captured in video or audio recordings or streams of Releasor. Likewise, participating in Activities through online streaming or a similar online delivery method may allow other Activity participants or third parties to message, comment, or otherwise communicate with Releasee. Releasee acknowledges that the Company is not responsible for any damages Releasor suffers as a result of any message, comment, or other communication by an Activity participant or other third party. Releasor is only participating after giving informed consent, including by way of this Agreement. By volunteering to participate in the Activities, either in person or online, Releasor assumes the risk of any injuries, illness, infections, diseases, or other negative consequences which may reasonably result from the Activities, including as a result the negligence, actions or inactions by the Company, by other activity participants, or by third parties. If Releasor is not aware of the risks which may come by participating in the Activities, Releasor should not participate until and unless Releasor has sought and received information from the Company which allows Releasor to have a fair and reasonable opportunity to know and understand said risks.
As to Services, Releasor recognizes and accepts that: Services may be provided by persons who are not child care professionals or otherwise licensed or permitted relating to child care; that the Company is not a licensed or permitted or certified child care facility; the Child Watch services are short-term, drop-in, basic in nature and may only be utilized while Releasor is present on the premises; and even properly monitored children can and sometimes do end up with bumps, bruises, scrapes, and sometimes more serious injuries or conditions.
Communicable Diseases. Participating in Activities at or via the Company will also invariably place Releasor in close proximity with other individuals and in contact with surfaces or areas that may have been handled, touched, or come into contact with other individuals. Due to the nature of the Activities and Services, as well as the participation of other persons, the Company cannot guarantee that recommended social distancing will be followed at all times during the Activities and Services and cannot guarantee that surfaces and other areas or items the Releasor may come in contact with are free of viruses, bacteria, or other contaminants. Releasor acknowledges that cases of the novel coronavirus (“COVID-19”) have been confirmed throughout the United States, including in Georgia. By volunteering to participate in the Activities and Services, Releasor appreciates, fully understands, and assumes the risk that Releasor may be exposed to and contract COVID-19 or any other communicable disease, including as a result of actions or inactions by the Company, by other activity participants, or by third parties. If Releasor is not aware of these risks which may come by participating in the Activities, Releasor should not participate until and unless Releasor has sought and received information from the Company which allows Releasor to have a fair and reasonable opportunity to know and understand said risks. Releasor agrees, represents, and warrants that neither Releasor nor any child that Releasor brings to participate in the Services will participate in Activities or Services or visit the Company’s physical location(s) if he or she (i) is experiencing symptoms of COVID-19, including, without limitation, fever, cough, or shortness of breath or (ii) has a suspected or diagnosed case of COVID-19 or any other communicable disease. Additionally, Releasor agrees, represents, and warrants that neither Releasor nor any child that Releasor brings to participate in the Services will participate in Activities or Services or visit the Company’s physical location(s) if he or she, within the preceding 14 days, has (1) visited an area subject to a CDC Level 3 Travel Health Notice, (2) been exposed to any person who had visited an area subject to a CDC Level 3 Travel Health Notice in the 14 days preceding the exposure, or (3) been exposed to any person who has a suspected or diagnosed case of COVID-19.
Waiver and Release of Liability and Related Covenant. IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE ACTIVITIES AND/OR USING THE SERVICES, INCLUDING PARTICIPATING IN THE ACTIVITIES AND/OR SERVICES IN ANY WAY, RELEASOR HEREBY VOLUNTARILY ASSUMES ANY AND ALL RISK, INCLUDING ILLNESS, INFECTION AND/OR INJURY TO HIS OR HER PERSON AND PROPERTY, WHICH MAY OCCUR A RESULT IN HIS OR HER PARTICIPATION IN ACTIVITIES PROVIDED OR HOSTED BY THE COMPANY. RELEASOR AND ANYONE WHO CAN CLAIM OR RECOVER THROUGH RELEASOR (“RELEASING PARTIES”) HEREBY AGREE TO WAIVE, RELINQUISH, DISCHARGE, RELEASE, AND COVENANT NOT TO SUE THE COMPANY OR ITS PARENT, SISTER, AFFILIATED AND/OR SUBSIDIARY CORPORATIONS AND RELATED ENTITIES, THEIR MEMBERS, OWNERS, OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, ADVISORS, AGENTS, INSURERS, ATTORNEYS AND VOLUNTEERS (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL RIGHTS, CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LIABILITIES, OR LOSS THAT RELEASING PARTIES MAY HAVE OR COME TO HAVE FOR INJURIES, DISABILITY, OR DEATH OR OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR BREACH OF WARRANTY, ARISING OUT OF, CONNECTED WITH, OR IN ANY WAY ASSOCIATED WITH THE ACTIVITIES, WHETHER IN PERSON OR ONLINE, OR SERVICES AT OR VIA THE COMPANY OR WITH RELEASOR PARTICIPATING IN OR BEING PRESENT AT ANY IN PERSON OR ONLINE COMPANY SPONSORED, ORGANIZED, OR AFFILIATED EVENT OR PROGRAM OR BEING ON PROPERTY OWNED OR CONTROLLED BY COMPANY EVEN IF DUE TO RELEASED PARTIES’ OWN ACTIVE OR PASSIVE NEGLIGENCE AND/OR GROSS NEGLIGENCE OR OTHERWISE. RELEASING PARTIES. RELEASOR FURTHER COVENANTS NOT TO SUE OR OTHERWISE BRING A CLAIM OR COMPLAINT AGAINST RELEASED PARTIES FOR ANY OF THE MATTERS WAIVED AND RELEASED HEREIN. THIS PARAGRAPH SHOULD NOT BE INTERPRETED TO ATTEMPT TO WAIVE OR RELEASE RIGHTS OR CLAIMS WHICH, BY LAW, CANNOT BE WAIVED OR RELEASED IN THIS FASHION. RELEASING PARTIES HEREBY EXPRESSLY AGREES THAT THE RELEASE, WAIVERS, AND INDEMNITY AGREEMENTS HEREIN ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF PENNSYLVANIA AND THAT IF ANY PORTION HEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL FORCE AND EFFECT.
Limitations on Damages in Case of Liability. SHOULD A RELEASED PARTY SOMEHOW BE FOUND LIABLE DESPITE THIS AGREEMENT, RELEASOR AGREES THAT THE MAXIMUM DAMAGES THE RELEASED PARTY SHALL BE LIABLE FOR IS THE TOTAL AMOUNT RELEASOR HAS PAID TO COMPANY IN THE PRECEDING TWELVE (12) MONTHS.
Company Indemnified, Defended, and Held Harmless. RELEASOR HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES, AT NO COST TO RELEASED PARTIES, AS TO ANY COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), LOSSES, CLAIMS OR CAUSES OF ACTION AGAINST RELEASED PARTIES DUE OR RELATED TO RELEASOR’S PARTICIPATION IN THE ACTIVITIES OR UTILIZATION OF THE SERVICES OR RELATED TO ANY ACTION OR INACTION OF RELEASOR WHILE ON COMPANY’S PREMISES OR WHILE PARTICIPATING OR BEING PRESENT IN ANY COMPANY SPONSORED, ORGANIZED, OR AFFILIATED EVENT OR PROGRAM.
Consent to Use of Likeness. Releasor understands that during participation in the Activities and Services at or via the Company, either in person or online, Releasor’s image, likeness, and/or voice may be captured in a photograph, video, or other visual, audio, or audiovisual recording (collectively, “Recordings”), which the Company may use or publish, including without limitation for purposes of advertising or promoting the Company or its services and products or for the provision of the Activities and Services. By participating in the Activities and Services, either in person or online, Releasor irrevocably permits the Company and its affiliates, agents, employees, and assigns rights and permission to (1) record, videotape, and photograph or publish Recordings of Releasor and/or Releasor’s name (with or without sound) either alone or with others on any media; (2) use, distribute, publish, display, reproduce and otherwise exploit the Recordings, in whole or in part, and in any and all manners and media, with or without Releasor’s name or a fictitious name for any purpose, including without limitation editorial, audiovisual, advertising, or trade purposes; (3) alter, edit, crop, or retouch the Recordings without restriction; and (4) copyright the Recordings in any manner the Company may choose. Releasor understands that the Recordings may be used in any media, including without limitation on the Internet, and that the Recordings may be displayed publicly and prominently. Releasor further understands that no compensation or royalty will be provided to Releasor for use of Releasor’s image and/or name. Releasor waives any right to inspect or approve any use of Recordings by the Company.
This Agreement’s Interpretation, Severability, Reformation, Completeness, and Finality. The parties agree that the language of this Agreement shall not be interpreted against either party as the “drafter” and that both parties have similar bargaining power here, including since you can choose to join a different organization which assist with exercise and physical conditioning. If any part of this Agreement is found to be void, illegal, or otherwise unenforceable and if the court is able and willing to do so, the parties hereby grant a court with appropriate jurisdiction over the matter to reform or otherwise modify the Agreement if necessary to best accomplish the intent of the Agreement as stated herein. If the Agreement is not so modified, then the offending provision(s) shall be stricken but the remainder of the Agreement shall remain in effect and best interpreted to accomplish the intent of the Agreement as stated herein. The parties affirm that this Agreement is final and complete, and supersedes any other information which contradicts this Agreement, and cannot be amended except by further written agreement of the parties which is clearly intended to amend this Agreement.
Resolution of Disputes. Company does not expect to have any disputes with Releasor, but this issue is addressed in case that does occur. Should there be any disputes between regarding this Agreement or any other aspect of the relationship between Releasor and Company which results in a legal or quasi-legal action being initiated, State of Georgia laws and rules shall apply to the extent allowable. Jurisdiction and venue for any legal or quasi-legal action shall only be with a state court in Decatur, Georgia. Each party will bear its own court costs and attorneys’ fees except that if there is a dispute regarding Releasor’s non-payment of costs or fees or dues to Company, the prevailing party shall recover its legal costs and fees relating to that dispute, including attorneys’ fees and including any costs of collection, whether pre-litigation or otherwise.
Releasor’s Agent Executing on Behalf of Releasor. If the Releasor is unable to execute this document of his or her own accord for whatever reason, and it is instead being executed by someone on behalf of the Releasor (the “Releasor’s Agent”), the Releasor’s Agent hereby warrants, represents, and swears that (s)he has the authority to execute this legally binding agreement on behalf of the Releasor and that Company absolutely and materially relies on that warranty, representation, and sworn indication.
Electronic Signatures. I agree that the electronic signature included in this Agreement is intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or email electronic signatures pursuant to the Georgia Uniform Electronic Transactions Act (O.C.G.A. § 10-12-1 et seq.) as amended from time to time.
THIS IS A BINDING LEGAL AGREEMENT
