LIABILITY WAIVER
BEFORE SIGNING THIS ASSUMPTION OF RISK AND 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 CHILDREN/WARDS, YOU AND/OR YOUR MINOR CHILDREN/WARDS ARE GIVING UP LEGAL RIGHTS THAT YOU AND/OR YOUR MINOR CHILDREN/WARDS 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 AND YOU SHOULD SEEK ADVICE FROM YOUR LEGAL COUNSEL.
I recognize and acknowledge that as a recipient of the personal training services provided by Burn Boot Camp Jupiter LLC dba Burn Boot Camp Jupiter, I and/or my minor children/wards will periodically engage in strenuous physical activities involving the use of weight training and other exercise equipment, including but not limited to, free weights, kettle bells, terracores, battle ropes, jump ropes etc 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 children/wards or other family members may sustain as a result of the activities engage in as the personal training services provided by Burn Jupiter.
Accordingly, I hereby waive, release and discharge Burn Boot Camp Jupiter LLC dba Burn Boot Camp Jupiter and its directors, officers, shareholders, employees, consultants, independent contractors, agents, insurers, attorneys, volunteers and franchisor (collectively and individually “Burn”), of and from any and all claims, causes of action and damages of any nature for property damages, personal injury or death, that I, my minor children/wards or other family members have or that may accrue to me or them and which arise out of or relate in any way to personal training services provided by Burn Boot Camp Jupiter LLC dba Burn Boot Camp Jupiter (collectively, a “Claim”). Notwithstanding the foregoing and any other provisions of this Agreement, I am not waiving, releasing or discharging any rights that I may have to seek redress for a Claim against a person to the extent that Claim was caused by the willful or intentional conduct of that person.
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 children/wards by Burn Boot Camp Jupiter LLC dba Burn Boot Camp Jupiter 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.
I represent that I do not currently have or suspect that I have any medical condition or physical limitations that I or any of my physicians believe would either prohibit or restrict me from safely engaging in the personal training services provided by Burn Boot Camp Jupiter LLC dba Burn Boot Camp Jupiter. If in the future I have or suspect that I have any such medical condition or physical limitations, it is my responsibility to immediately notify Burn Boot Camp Jupiter LLC dba Burn Boot Camp Jupiter and not engage in any personal training services until I am cleared in writing to do so by my treating physician and I have provided that written clearance to Burn Boot Camp Jupiter LLC dba Burn Boot Camp Jupiter.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Burn Boot Camp Jupiter LLC dba Burn Boot Camp Jupiter (“Burn Jupiter”) has put in place preventative measures to reduce the spread of COVID-19; however, the Club cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Burn Jupiter could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending Burn Jupiter and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Burn Jupiter may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Burn Jupiter employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at Burn Jupiter or participation in Burn Jupiter programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Burn Jupiter, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Burn Jupiter, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Burn Jupiter program.
To the fullest extent allowed by law, I hereby agree to indemnify and hold harmless Burn Boot Camp Jupiter LLC dba Burn Boot Camp Jupiter of and from any and all claims, causes of action and damages, including any attorneys’ fees, costs and expenses incurred in defense of any of the foregoing, that are asserted against Burn Jupiter, but only to the extent they were caused by my negligent or reckless acts or omissions.
In the event that a court determines that any provision of this Agreement is invalid or should not be enforced as written, it shall be severed from this Agreement and all other provisions shall survive and be given full force and effect.
This Agreement shall be governed by the laws of the State of Florida. All Parties knowingly, intentionally and voluntarily waive any right that they may have to jury trial on any claim arising out of or related to this Agreement or the personal training services provided by Burn Boot Camp Jupiter LLC dba Burn Boot Camp Jupiter. The sole and exclusive jurisdiction and venue for any such claims shall be the county or circuit court in and for Palm Beach County, Florida.
This Agreement, together with the membership agreement and the Childwatch liability waiver (if applicable), constitute the entire agreement between the Parties, and supersedes all prior or contemporaneous oral or written agreements and representations, and they may only be modified in writing in a written document signed by the Parties.
By checking this box, I understand that I may be contacted via phone, text, or email regarding Burn Boot Camp Jupiter LLC dba Burn Boot Camp Jupiter and can opt out of said communication at any time. I understand that photographs and videos are sometimes taken during camp times that may be used/broadcast on social media, flyers, promotional materials, and the like. I understand that I can opt out of photographs/videos by letting the staff members onsite know.
