LIABILITY WAIVER AND RELEASE
THIS AGREEMENT IS A PART OF THE MEMBERSHIP AGREEMENT, AND 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 fitness training and related activities (the “Activities”) and/or Child Watch services (the “Services”) at or via Live to Inspire, LLC (d/b/a Burn Boot Camp) (the “Company”). Releasor acknowledges that 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 safely and is comfortable doing so. Releasor promises to not participate in Activities or Services if Releasor is uncomfortable or unsure that he or she can safely do so. 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, as well as social interaction with other individuals, and may include the following activities:
• Running;
• Jumping;
• Lifting weight;
• Repetitious exercise; and
• Exercise moves which will require proper form and execution in order to avoid injury.
Releasor acknowledges and agrees that the typical risks and hazards of injury from participation in the Activities include:
• Falling;
• Colliding with other participants or objects;
• Being struck by a weight or other fitness equipment; and
• Encountering contagions present among the general public, including viruses, flus, colds, coronavirus, and/or COVID-19.
Releasor acknowledges and understands that the injuries and/or illnesses or infections that can occur while participating in the Activities include, but are not limited to:
• Bruises and abrasions;
• Sprains;
• Torn muscles;
• Over-heating or over-exertion;
• Nausea;
• Heart attack;
• Stroke;
• Heatstroke;
• Dehydration;
• Broken bones;
• Concussions;
• Brain injury;
• Coronavirus and/or COVID-19;
• Flu, cold, or other infection from social interaction;
• Paralysis; and
• Death.
Releasor is voluntarily participating in the Activities after giving informed consent, including by way of this Agreement, and voluntarily assumes all such risks. By volunteering to participate in the Activities, Releasor assumes the risk of any injuries or other negative consequences which may reasonably result from the Activities, 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 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.
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 OR SERVICES AT OR VIA THE COMPANY OR WITH RELEASOR PARTICIPATING IN OR BEING PRESENT AT ANY 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. RELEASING PARTIES 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. RELEASING PARTIES HEREBY AGREE 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.
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. Releasor affirms 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, and that no oral representations, statements, or inducements apart from this Agreement have been made.
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 Virginia 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 _Prince William County, Virginia. 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. Each party to this Agreement agrees that the electronic signature of the parties hereto are 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 e-mail electronic signatures and DocuSign, pursuant to the Virginia Uniform Electronic Transactions Act (2000, c. 995. § 59.1-480.) as amended from time to time.
THIS IS A BINDING LEGAL AGREEMENT
