Harrisonburg, VA

ASSUMPTION OF RISK;
WAIVER AND RELEASE OF RIGHTS AND CLAIMS

BEFORE SIGNING THIS ACKNOWLEDGEMENT OF RISK, WAIVER, AND RELEASE OF CLAIMS (THIS “AGREEMENT”), YOU MUST READ THIS AGREEMENT VERY CAREFULLY. IF AN ACCIDENT WERE TO OCCUR INVOLVING YOU AND/OR YOUR MINOR/WARD, YOU AND/OR YOUR MINOR/WARD (BY SIGNING THIS AGREEMENT) WOULD BE GIVING UP LEGAL RIGHTS THAT YOU AND/OR MINOR/WARD MIGHT OTHERWISE HAVE. IF YOU DO NOT UNDERSTAND ANYTHING IN THIS AGREEMENT, OR IF YOU OBJECT TO ANY PROVISION CONTAINED IN THIS AGREEMENT, YOU SHOULD NOT SIGN IT BUT SHOULD SEEK ADVICE FROM YOUR LEGAL COUNSEL. REQUESTS FOR MODIFICATIONS TO THIS AGREEMENT MAY BE DIRECTED TO Harrisonburg VA Fitness LLC AT THE FOLLOWING NUMBER: 540-705-0411 or [email protected]

I recognize and acknowledge that as a recipient of the personal training services provided by the Harrisonburg VA Fitness LLC, I and/or my minor/ward will periodically engage in strenuous physical activities involving the use of weight training and other exercise equipment such as treadmills, free weights, elliptical machines, exercise bikes, chest presses and squat racks among other equipment, which activities entail the risk of serious and other injuries, including, but not limited to: broken bones, strains, sprains, bruises, concussions, heart attack, viral or other pathogen infection, and in some cases, permanent disability and even death. I also understand that severe social and economic loss might result not only from my own actions but also from the actions, inactions or negligence of others, or the condition of the premises or equipment used in connection with such activities. Nevertheless, I agree to assume the risk of injury, damage, or loss regardless of severity that I, my minor/ward, or other family member or kin may sustain as a result of the activities I engage in as the personal training services provided by Harrisonburg VA Fitness LLC.

Accordingly, I agree to waive, relinquish, discharge, release, and covenant not to sue Harrisonburg VA Fitness LLC 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, from any and all rights, claims of injury, demands, causes of action, damages, liabilities or loss that I, my minor/ward, or other family member may have or that may accrue to me, my minor/ward, or other family members arising out of, connected with, or in any way associated with the personal training services provided by the Harrisonburg VA Fitness LLC.

Notwithstanding the foregoing and any other provision of this Agreement, I do not waive any rights that I may seek redress due to the reckless conduct of others or due to the conduct of others, which is both intentional and wrongful.

I have considered that if this Agreement were not as broad as it is, the cost of the personal training services provided to me and/or my minor/ward by Harrisonburg VA Fitness LLC would be considerably higher and I do not wish to pay a considerably higher cost. By signing this Agreement, I waive the right to bargain for different terms in this Agreement. I also understand that if I later learn that any fact that I believed to be true at the time I signed this Agreement is later to be found incorrect, I nevertheless am bound by this Agreement.

In no event shall we be liable for any cause of action, claim, damage, demand, expense, fine, investigation, liability, or penalty in excess of the amounts that you paid to us in the preceding 12 months, whether one time or in the aggregate.

You agree to defend, hold harmless, and indemnify us for any of your negligent or reckless acts or omissions. You warrant and represent that you have no medical or other condition, which would prohibit you from participating in any of our programs.

Participating in Activities at or via the Company will also invariably place Releasee 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 Releasee may come in contact with are free of viruses, bacteria, or other contaminants. Releasee acknowledges that cases of the novel coronavirus (“COVID-19”) have been confirmed throughout the United States, including, in Harrisonburg, VA. By volunteering to participate in the Activities and Services, Releasee appreciates, fully understands, and assumes the risk that Releasee 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 Releasee is not aware of these risks which may come by participating in the Activities, Releasee should not participate until and unless Releasee has sought and received information from the Company which allows Releasee to have a fair and reasonable opportunity to know and understand said risks.

Releasee agrees, represents, and warrants that neither Releasee nor any child that Releasee 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, Releasee agrees, represents, and warrants that neither Releasee nor any child that Releasee 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.
Releasee understands that during my participation in the Activities and Services at or via the Company, either in person or online, Releasee’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, Releasee irrevocably permits the Company and its affiliates, agents, employees, and assigns rights and permission to (1) record, videotape, and photograph or publish Recordings of Releasee and/or Releasee’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 Releasee’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 Legal Agreement Regarding Activities, Events, and Services in any manner the Company may choose. Releasee 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. Releasee further understands that no compensation or royalty will be provided to Releasee for use of Releasee’s image and/or name. Releasee waives any right to inspect or approve any use of Recordings by the Company.

This Agreement constitutes the entire agreement between the Parties on the issues contained in this Agreement and supersedes all prior agreements and/or memoranda. This Agreement may only be modified in writing with the written consent of both Parties. This Agreement is intended to bind only the Parties hereto, and their successors, and may not be assigned by either Party without the express written consent of the other.

This Agreement shall be governed by the laws of the State of Virginia. All Parties irrevocably consent that the venue and jurisdiction of any dispute shall lie in Rockingham County, Virginia. In the event that a court determines that any provision of this Agreement is invalid, all other provisions shall survive and the Agreement shall be interpreted to fulfill the intent of the Parties as shown in this Agreement.

I have read this Agreement thoroughly and fully understand it. I enter into it voluntarily on behalf of myself, my spouse, my heirs, next of kin, assigns, personal representatives, related individuals and related entities. No one has made to me any representations, statements, or inducements that change or modify anything written in this Agreement.

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