ASSUMPTION OF RISK; WAIVER AND RELEASE OF RIGHTS AND CLAIMS
Before signing this acknowledgement of risk, waiver, and release claims (this “agreement”), you must read this agreement very carefully. If an accident were to occur involving you and/or our 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 Krehnbrink LLC/ Burn Boot Camp Worthington at [email protected] I recognize and acknowledge that as a recipient of the personal training services provided by Burn Boot Camp Worthington/ Krehnbrink LLC. I and/or my minor/ward will periodically engage in strenuous physical activities involving the use of free weight training and other exercise equipment. These 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 Burn Boot Camp Worthington/Krehnbrink LLC.
Due to the 2020 outbreak of the novel coronavirus (“COVID-19”), we are taking extra precautions to enhance the safety of our customers and employees in accordance with the Ohio Department of Health guidance. I fully understand and appreciate both the known and potential dangers of utilizing the services, facilities, and programs and acknowledge that use thereof by the undersigned may, despite reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death. By Signing this Agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19.
Accordingly, I agree to waive, relinquish, discharge, release, and covenant not to sue Burn Boot Camp – Worthington/Krehnbrink 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 (“Indemnitees”), from any and all rights, claims of injury, demands, causes of action, damages, liabilities or loss, including any such damage or injury caused by the negligence of Burn Boot Camp – Worthington/Krehnbrink LLC or its Indemnitees, 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 Burn Boot Camp – Worthington/Krehnbrink LLC, or otherwise suffered while within the premises or facility used by Burn Boot Camp – Worthington/Krehnbrink LLC or due to any condition or defect thereof.
Notwithstanding the foregoing and any other provision of this Agreement, I do not waive any rights that I may seek redress against such persons not related to Burn Boot Camp – Worthington/Krehnbrink LLC or the Indemnitees, due to the reckless conduct of others or due to the conduct of others who are not Indemnitees, which is both intentional and wrongful or the intentional conduct of Burn Boot Camp – Worthington/Krehnbrink LLC.
In consideration of my waiver and release of the Indemnitees and Burn Boot Camp – Worthington/Krehnbrink LLC stated herein, I am being granted the right to participate in the activities and services offered by Burn Boot Camp – Worthington/Krehnbrink LLC. Additionally, 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 Burn Boot Camp – Worthington/Krehnbrink 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. I agree to follow all rules and regulations and/or the directions and instructions of Burn Boot Camp – Worthington/Krehnbrink LLC and its agents and instructors.
I agree and permit Burn Boot Camp – Worthington/Krehnbrink LLC and its indemnitees to take such emergency action as they deem necessary in the event of an injury, or to provide medical care including the administration of CPR or use of AED equipment and to call at my cost and expense such emergency services as may be necessary.
I agree to defend, hold harmless, and indemnify us for any of my negligent or reckless acts or omissions. I warrant and represent that you have no medical or other condition, which would prohibit me from participating in any of Burn Boot Camp – Worthington/Krehnbrink LLC’s programs.
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 Ohio. All Parties irrevocably consent that the venue and jurisdiction of any dispute shall lie in Franklin County, Ohio. 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. In the event that a court determines that any provision of this Agreement is invalid, all other provisions shall survive and this Agreement shall be interpreted and enforced to effectuate the overall intent of the Parties as expressed herein.
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.
