WAIVER AND RELEASE OF LIABILITY
This agreement (this “Agreement”) is an important legal document. It explains the risks you are assuming by beginning a class, session, or other activity with Fit Collaborative LLC (“Fit Collaborative LLC”). It is critical that you read and understand it completely. After you have done so, please sign as indicated.
I have volunteered to participate in Fit Collaborative LLC’s personal training, small group training, group exercise classes, and/or any other programs of physical exercise now and in the future (collectively referred to herein as the “Sessions”). I understand that the Sessions include physical movements, and I understand that there is an inherent risk associated with any exercise program—including my voluntary participation in the Sessions—that may result in injury, even serious or disabling, or death, and that this risk is always present and cannot be entirely eliminated. I hereby KNOWINGLY, voluntarily and expressly assume the risks inherent in my participation in the Sessions, including the risk of injury, accident, death, loss, cost or damage to my person or property.
In consideration of Fit Collaborative LLC’s agreement to instruct, assist, and train me in the Sessions, and the privilege of participation in the Sessions, I hereby agree to the following:
A. Representations. I represent that: (i) I do not have any medical or physical condition(s) that would preclude my participation in the Sessions; (ii) I have not been instructed by any physician not to participate in the Sessions; and (iii) I am in good health and have no disability, impairment, injury, disease or ailment preventing me from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of my participation in the Sessions. If I am pregnant or become pregnant or am post-natal, my signature verifies that I am participating in the Sessions with my doctor’s full approval.
B. Acknowledgement and Assumption of the Risk. I acknowledge that regardless of my health representations above, any strenuous athletic or physical activity and use of related equipment, involves certain risks that may result in injury or even death. While the instructors take great care to ensure the safety of each participant, I understand that Fit Collaborative LLC cannot guarantee that my participation in the Sessions is free of such risks. I acknowledge that I take full responsibility for my life and well-being, and for all decisions made by me before, during and after participation in the Sessions. I hereby expressly assume the risks of the Sessions, including, but not limited to the risks discussed above, accidents and/or negligence by me, by Fit Collaborative LLC’s instructors, or by other individuals participating or involved in the Sessions or in or around the premises used by Fit Collaborative LLC, and any cost or damage to my person or my property. I further understand that I have the complete right to stop or decrease participation at any time during the Sessions, or to leave the Sessions, and that it is my obligation to inform Fit Collaborative LLC of any symptoms such as fatigue, shortness of breath or chest discomfort. Knowing the material risks and appreciating, knowing and reasonably anticipating that other injuries are a possibility, in consideration for being permitted to participate in the Sessions provided by Fit Collaborative LLC, I hereby forever knowingly, voluntarily, and expressly assume all risk of injury inherent in my participation in the Sessions, and all other possible risk of injury, and even risk of possible death, which could occur by reason of my participation.
I further understand that Fit Collaborative LLC makes no claims to medical results that can or may be obtained through the use of its Sessions or equipment. Fit Collaborative LLC has neither suggested nor advised medical treatment or medical advice to me. Only licensed medical professionals are qualified to give such medical advice. I also understand and acknowledge that Fit Collaborative LLC is providing recreational services and shall not be held liable for defective products. I understand and agree that Fit Collaborative LLC may not be held liable for my injuries sustained as a result of my participation in the Sessions. No warranties or representations have been made to me about the Sessions that are not stated in this Agreement.
C. Release and Waiver of Liability. I hereby release and agree not to hold Fit Collaborative LLC, its members, owners, officers, employees, trustees, contractors, contract instructors, trainees, volunteers, representatives, agents, assigns, successors, and anyone else acting for or on its behalf (collectively referred to herein as “Fit Collaborative LLC”) from any and all liability arising from, related to, or in any way connected with, my participation in the Sessions. On behalf of myself or any others who may claim on my behalf, I promise not to sue, and hereby forever irrevocably waive, release, remise and discharge Fit Collaborative LLC from any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, my participation in the Sessions. This Release and Waiver applies to all claims, demands, damages, costs, expenses, actions and causes of action, foreseen or unforeseen, including negligence and breach of statutory or other duty of care. I understand and agree that this Agreement and Release and Waiver is intended to be as broad and inclusive as permitted by law. This Release and Waiver includes, without limitation, injuries that may occur as a result of Fit Collaborative LLC’s instruction, training, or supervision; injuries that may occur as a result of equipment that may malfunction or break; any slip, fall or other injury on or related to any premises used by Fit Collaborative LLC; and any and all ailments during or following my participation in the Sessions. I understand that I forfeit my rights to sue Fit Collaborative LLC for any claims arising out of my participation in the Sessions, and this is a release of liability that is valid forever.
I further agree that if I, or anyone on my behalf, asserts a claim contrary to what I have agreed to in this Waiver and Release, the claiming party shall be liable for the expenses (including legal fees) incurred by Fit Collaborative LLC in defending such claim.
D. Indemnification. I assume full responsibility for my participation in the Sessions, and I shall indemnify, defend, and hold harmless, at my sole expense, Fit Collaborative LLC from and against any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorneys’ fees, arising out of or in any way relating to my participation in the Sessions, whether now or in the future, including but not limited to those claims arising from my preexisting injury or medical condition. I accept financial responsibility for any injury or damage that I may cause either to myself, to any other individual, to the Session equipment, or to the premises in which the Sessions occur. Should Fit Collaborative LLC, or anyone acting on its behalf be required to incur attorney fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs.
E. Session Fee and Cancellation. The fee for each Session or Session package is determined by Fit Collaborative LLC from time to time, at its sole discretion (the “Session Fee”). I understand and agree that the Session Fee must be paid in full directly to Fit Collaborative LLC prior to my participation, and such fees are non-refundable and non-transferable. I agree to provide at least eight (8) hours written cancellation notice in accordance with Fit Collaborative LLC’s policies. If I do not provide this notice, I will be charged for the missed Session. I agree to these charges.
F. Rules and Regulations. I agree to abide by the rules, regulations and schedules of Fit Collaborative LLC as stated herein, as well as those that may be posted at the premises used by Fit Collaborative LLC, on its website, or issued orally, and which may be amended from time to time at its sole discretion. I understand and agree that, at the sole discretion of Fit Collaborative LLC, my Session participation may be revoked or suspended at any time if in the judgment of Fit Collaborative LLC (i) I consistently fail to observe the Rules and Regulations; (ii) I have otherwise behaved in a manner contrary to the best interests of Fit Collaborative LLC or any of its clients; (iii) I have instituted any type of legal action against Fit Collaborative LLC; and/or (iv) Fit Collaborative LLC has instituted any type of legal action against me. I understand and agree that I have no claim against Fit Collaborative LLC by reason of its refusal to allow me to participate.
G. Session Schedule. Session schedule is subject to change, and Sessions may be canceled due to unexpected circumstances. Fit Collaborative LLC reserves the right to change the Session schedule at any time or modify hours of operation for repair, maintenance, or special occasions.
H. Loss of Property. I understand and agree that Fit Collaborative LLC will provide an area for my personal belongings to be held during the Sessions; however, I understand and agree that all such personal belongings are brought at my sole risk. I am aware that I should not bring valuables and agree that Fit Collaborative LLC shall not be liable for disappearance, loss, theft, or damage to my property.
I. Right of Publicity Release and License. I hereby irrevocably grant Fit Collaborative LLC the unrestricted right to use my name, image, likeness, voice, and/or appearance in connection with its business, including but not limited to promotional or advertising purposes. I waive any right to compensation for such use.
J. Emergencies. I hereby consent to receive first aid or other emergency care from Fit Collaborative LLC staff or representatives in the event of an injury, accident, or illness during a Session. I authorize Fit Collaborative LLC to seek emergency medical services on my behalf and agree to be financially responsible for any such services.
K. Dispute Resolution. This Agreement shall be governed by the laws of the Commonwealth of Virginia. All legal actions must be brought exclusively in the courts located nearest to Fit Collaborative LLC’s principal office. I waive my right to a jury trial. Any claims must be brought within six (6) months of the incident, unless otherwise required by law. The prevailing party shall be entitled to legal fees. I acknowledge that a violation of this Agreement may entitle Fit Collaborative LLC to injunctive relief.
L. COVID-19 Waiver
I acknowledge the risks of contracting COVID-19 while participating in activities with Fit Collaborative LLC. I voluntarily accept the risk and waive any right to bring a claim or lawsuit against Fit Collaborative LLC for any exposure, infection, or consequence related to COVID-19.
M. Miscellaneous
Survival. All provisions herein survive termination of this Agreement.
Headings. Headings are for convenience and do not affect interpretation.
Severability. If any provision is deemed unenforceable, the remainder remains valid.
Binding Effect. This Agreement binds my heirs, executors, administrators, and assigns.
Assignment. Fit Collaborative LLC may assign this Agreement without notice.
Waivers. Any waiver must be in writing.
Modification. Modifications must be in writing signed by both parties.
Entire Agreement. This is the entire agreement and supersedes any prior understandings.