Waiver of Liability-Off Site Training/Event/Online Training
This agreement is entered into between Hive Community Fitness (“Studio”) and the undersigned (“Client”). The provision of group fitness training at 2260 Route 16, Ossipee, NH 03890 (“location”) by Studio to Client , and Client’s use of any premises, facilities or equipment are contingent upon this agreement.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by the studio or otherwise, including injuries or damages arising out of the negligence of Studio, whether active or passive, or any of Studio’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise),, sidewalks, parking lots, stairs, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of negligence of Studio or otherwise. If you are engaged in online training, you acknowledge that you are ot being monitored by any trainer and that there is no liability to the trainer, facility or studio if there is an injury sustained.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heir, executors, administrators, agents, and assigns) to release and discharge Studio (and Studio’s affiliates, related entities, employees, agents and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Studio, whether active or passive, or any of Studio’s affiliates, employees, agents, representatives, successors and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c)dd negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premise or while traveling to or from personal training, including injuries resulting from Studio’s or anyone else’s negligent inspection or maintenance of the facility or premises, (e) training you undertake that is online only without the supervision of a trainer. The trainer will provide step by step instruction on completing the exercises. If you are unable to complete the exercises due to physical imitation or lack of understanding DO NOT attempt. If you do attempt, you will be liable for any injury sustained.
ACKNOWLEDGEMENTS: You expressly agree that the foregoing release, waiver, assumption or risk agreement is intended to be as broad and inclusive as permitted by the law in the State of New Hampshire and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that you have carefully read this waiver and release and fully understand that it is release of liability, express assumption of risk. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Studio or Studio’s negligence, or for any defective product used while receiving personal training from Studio. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
By entering this facility, you are aware that you agree to fully accept all known and unknown risks, including but not limited to the potential risk of exposure to respiratory illnesses such as the coronavirus (COVID-19). The Coronavirus is primarily transmitted via exhaled respiratory droplets, most often through coughing and sneezing. These droplets can travel up to six feet and are more commonly transmitted between persons rather than from equipment to persons.
Although we regularly sanitize our equipment and presently are using enhanced cleaning methods and enforcing social distancing in our facility, you understand that you may be exposed to the coronavirus or tis symptoms through no fault of our own. Known coronavirus symptoms include fever, coughing, shortness or breath, pneumonia, kidney failure, and may include other symptoms, stroke or even death (collectively “Symptoms”). You understand and agree that you will hold us harmless and you will not hold us liable for any real or perceived Symptoms of COVID-19 or any other disease, illness, or condition, nor for exacerbating any existing symptoms, and you fully agree to accept all risks of entering the facility, using the equipment, working with personal trainers, attending classes, and/or interacting or being exposed to other members.