WAIVER AND RELEASE OF LIABILITY

FIT 407

WAIVER AND RELEASE OF LIABILITY

(“Waiver and Release”)

In consideration for being permitted to register for and participate in classes, events, activities, workshops, and other programs (collectively, the “Classes”) and for accessing and using the premises, facilities, and equipment (collectively, the ”Facilities”) of all FIT 407 and FIT AF LLC locations, DBA FIT 407 and FIT AF (“FIT”), I, the undersigned, hereby understand, represent and agree as follows:

1. I am aware and acknowledge that there are certain foreseeable and unforeseeable inherent risks, hazards and dangers in utilizing the Facilities and participating in the Classes which cannot be eliminated regardless of the care taken, and that such risks, hazards and dangers can occur by natural causes or activities of other parties, including other participants, and the employees and/or agents of FIT;

2. I acknowledge and understand that these inherent risks, hazards, and dangers include, but are not limited to: (i) property damage or loss; (ii) exposure to illness; (iii) minor injury, such as scratches, bruises, and sprains; (iv) serious injury, such as loss of sight, joint and back injuries, concussions, and heart attacks; (v) catastrophic injuries, such as disability, brain trauma, paralysis; and (vi) death;

3. I represent and warrant that I am sufficiently physically fit to fully participate in the Classes and use the Facilities at FIT, and that I have no medical condition that would prevent my full participation;

4. I understand and acknowledge that if I have any chronic disabilities or conditions, my participation in the FIT Classes increases the risk of injury or adverse health consequences;

5. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Classes and use of the Facilities at FIT . If I have any medical condition, I have been cleared by my physician to participate in the Classes and use the Facilities, and I have not been instructed by my physician to not participate in the Classes at FIT or similar classes elsewhere;

6. I understand that I am responsible for monitoring my condition while participating in the Classes, and should any unusual symptoms occur, I will cease participation in the Classes until a physician approves further participation in the Classes;

7. Upon entering FIT, I will inspect the Facilities, and my observation and use of the same shall constitute acknowledgement that I find and accept such Facilities to be safe and reasonably suited for their intended purpose(s);

8. If I do find any unsafe or unreasonable condition(s) within the Facilities, I will immediately cease my activity and notify a FIT employee or independent contractor of the unsafe or unreasonable condition;

9. I assume full responsibility for all losses, damages, and injuries of any kind, whether foreseen or unforeseen, that I may sustain or aggravate in connection with my participation in the Classes and use of the Facilities at FIT , and I agree to exercise due care and responsibility during the Classes and in my use of the Facilities at FIT;

10. On behalf of myself and my heirs, executors, administrators and assigns, I expressly agree to completely and unconditionally release, discharge, and covenant not to sue FIT , its related and affiliated entities, and their respective members, officers, directors, managers, supervisors, employees, contractors, agents, and insurers, and their respective successors and assigns (collectively, the “Released Parties”), for all losses, damages, and injuries of any kind that I may sustain in connection with my participation in the Classes or use of the Facilities, whether caused by the Released Parties’ negligence or otherwise.

11. I further agree to indemnify, and hold harmless the Released Parties from and against any and all liability, responsibility, claims, actions, proceedings, costs, expenses, injuries, demands or damages related to my participation in the Classes or use of the Facilities, including, but not limited to, any claims or causes of action arising from any injury, disability, death, or loss or damage to person or property.

12. I understand and acknowledge that FIT  makes no claims as to medical results that can or may be achieved through my participation in the Classes or my use of the Facilities, including, but not limited to, the machines. FIT has not provided, nor will it provide, any medical advice to me, or suggest any medical treatment to me, as only licensed medical professionals are qualified to give medical advice. I understand that I am not to act on any advice given by any unlicensed employee or agent of FIT unless such advice has been verified and approved by my licensed physician;

13. I understand and acknowledge that, even though FIT follows all applicable state and local regulations and guidelines, FIT cannot guarantee full protection from exposure and transmission of COVID-19 and other illnesses and diseases, regardless of the care taken.

14. I am voluntarily electing to participate in FIT  classes, and I acknowledge and consent to the risk of exposure and contracting COVID-19 and other illnesses and diseases which may occur at FIT Classes and Facilities.

15. I understand and acknowledge that possible exposure to COVID-19 and other illnesses and diseases at FIT before, during, and/or after Classes may result in the following:

• a positive COVID-19 diagnosis;
• extended quarantine/self-isolation; and/or
• testing.

16. I understand acknowledge that a positive COVID-19 diagnosis may require medical therapy, prescription medication, intensive care treatment, incubation/ventilator support, and short-term or long-term hospitalization or therapy., other potential treatments and complications, including, but and the risk of death.

17. I understand and acknowledge that COVID-19 may cause health complications, both short-term and long-term, including, but not limited to, death, as well as other risks, which may not currently be known at this time.

18. I agree to indemnify, and hold harmless the Released Parties from and against any and all liability, responsibility, claims, actions, proceedings, costs, expenses, injuries, demands or damages related to my exposure and contraction of COVID-19 and other illnesses and diseases as a result of my participation in the Classes or use of the Facilities.

19. I understand and acknowledge that FIT is extending the expiration dates for class credit, as well as providing the option to freeze or cancel my membership, and I acknowledge and agree that FIT is not imposing any financial obligation or burden on me for postponing my entry to the Facilities or my participation in the Classes. Notwithstanding the foregoing, I acknowledge the aforementioned risks and elect to proceed with my membership and participation in the Classes.

20. I hereby affirm that myself, nor anyone in my household, has been diagnosed with COVID-19 in the past thirty (30) days; myself, nor anyone in my household, has experienced any COVID-19 symptoms in the past fourteen (14) days; I have not been out of the country in the last thirty (30) days or been in direct contact with anyone who has; and I have not been in contact with anyone with confirmed or presumptive positive COVID-19 in the past thirty (30) days. I will affirm the above statements prior to each and every class I attend at FIT.

21. I grant permission to FIT to use my likeness in photos or videos in connection with any media, including, but not limited to, FIT websites, publications, promotions, advertisements, and social media.

22. I understand and agree that if any provision of this Waiver and Release shall be held unenforceable or void, then such provision shall be severable from the remaining provisions and shall in no way affect the enforceability of the remaining provisions nor the validity of this Waiver and Release.

I ACKNOWLEDGE THAT I HAVE READ THIS WAIVER AND RELEASE AND HAVE BEEN GIVEN THE OPPORTUNITY TO CONSULT WITH OTHERS, INCLUDING, BUT NOT LIMITED TO, MY PHYSICIAN AND LEGAL COUNSEL, ABOUT MY DECISION TO EXECUTE THIS WAIVER AND RELEASE AND COMPLY WITH ALL TERMS SET FORTH HEREIN. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS FOR MYSELF (OR MY MINOR CHILD, IF APPLICABLE) BY SIGNING THIS WAIVER OF LIABILITY AND HAVING SIGNED IT FREELY AND VOLUNTARILY AND WITHOUT ANY INDUCEMENT, ASSURANCE, GUARANTEE, OR REPRESENTATION OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY.