This form is an important legal document that explains the risks you (or your child(ren)) are assuming by participating in physical activity and exercise, including but not limited to Gymnastics, Lifting, Fitness training, and Yoga. It is critical that you have read and understand this document completely. If you do not understand any part of this document, it is your ultimate responsibility to ask for clarification prior to signing it.
- Assumption of Risk. I acknowledge that participation in physical activity and exercise, including weight lifting, gymnastics or any other physical training programs, subjects the participant to the possibility of physical illness or injury (minimal, serious, catastrophic) and/or death and that I acknowledge that I am assuming the risk of such illness, injury, and/or death by participating in any of the activities provided by or offered through Element 26 Fitness, LLC.
- Release of Liability. I, on behalf of myself and my spouse, all my agents, representatives, guardians, successors, assigns, heirs, children, and next of kin (all foregoing, collectively, the “Participant Parties”), hereby agree to IRREVOCABLY WAIVE, RELEASE, DISCHARGE, AND HOLD HARMLESS Element 26 Fitness, LLC, its respective directors, officers, owners, representatives, members, agents, independent contractors, instructors, employees, and participants, as well as any other off-site hosting sites (e.g., public parks, beach, etc.) on whose premises Element 26 Fitness, LLC activities may occur (“Released Parties”), from any and all liability, for any claim, judgment, loss, liability, cost and expenses (including, without limitations, attorney’s fees and costs, lost wages, and medical expenses) arising out of or connected with Element 26 Fitness, LLC, including any claim arising out of or connected with any illness or injury (minimal, serious, catastrophic) and/or death that I may incur during any activities for which Element 26 Fitness, LLC has provided the facility or program , use of Element 26 Fitness, LLC equipment (whether or not during class sessions), and while traveling to and from any off-site locations for Element 26 Fitness, LLC activities. I, on behalf of myself and my spouse, all my agents, representatives, guardians, successors, assigns, heirs, children, and next of kin WAIVE AND HOLD HARMLESS Element 26 Fitness, LLC its’ managers, officers, affiliates, directors, agents, staff, volunteers, suppliers, licensors, licensees and employees from and against any and all actions, judgments, settlements, claims, liabilities, losses, damages, expenses, and costs (including court costs and attorney’s fees), including, without limitation, for any property damage, personal injury, death or any other action, claim, liability, loss, damage or expense against Element 26 Fitness, LLC based on its’ operation or any affiliated business or premises.
- Knowing and Voluntary Execution. I hereby warrant that I have read this liability release in its entirety and fully understand its contents. I am aware that this liability release releases Released Parties from liability and contains an acknowledgement of my voluntary and knowing assumption of the risk of injury or illness. I am not a minor, and have signed this document voluntarily and of my own free will. If the subject of this agreement IS a minor, then the person signing on behalf of the minor has made all of the same representations as listed in this paragraph.
- Physical Condition. I have consulted with my physician and have made certain that I am medically cleared to exercise and participate in physical activities. I warrant that I am in good health and have had no physical condition that would prevent me from participation in any event or activity. If I have any limiting condition, whether temporary or permanent, I agree to promptly notify Element 26 Fitness, LLC and my instructor. However, if I am aware of said limiting condition and continue to participate in the activity, I am assuming all risk of further injury. If Element 26 Fitness, LLC or my Instructor shall refuse to allow my participation in any activity as result of such disclosure, such refusal shall not constitute breach of this agreement or of any other agreement between myself and Element 26 Fitness, LLC.
- Medical Treatment. In the event of any illness or injury arising out of or connected with Element 26 Fitness, LLC, I authorize Element 26 Fitness, LLC to obtain necessary medical treatment and release and hold harmless Released Parties in the exercise of this authority. I further acknowledge and understand that I will be responsible for any and all medical and related bills that may be incurred on my behalf for any illness or injury that I may sustain during participation in Element 26 Fitness, LLC activities.
- Use of Name and Image. I understand that Element 26 Fitness, LLC from time to time produces promotional material relating to its programs. I understand that as a participant and/or a spectator at Element 26 Fitness, LLC, I may be included in videotapes, photographs, DVDs, podcasts, and video casts taken during Element 26 Fitness, LLC activities. Therefore, without reservation or limitations, I hereby assign, transfer and grant to Element 26 Fitness, LLC, its successors, assignees, licensees, sponsors, any television networks, and all other commercial exhibitors the exclusive right to photograph and/or videotape me and to utilize such videotapes and photographs of my name, face, likeness, voice and appearance as a part of Element 26 Fitness, LLC, or in advertising and promoting Element 26 Fitness, LLC. I further understand that neither Element 26 Fitness, LLC nor any third party is under any obligation to exercise any of the foregoing rights, licenses and privileges. I waive any right to inspect or approve any materials related thereto.
- Indemnification. I hereby expressly agree to forever indemnify, defend and hold the Released Parties harmless from and against any and all losses, liabilities, claims, costs, damages, demands, and expenses (including but not limited to attorney fees) arising from or in connection with any and all (i) damages suffered by Participant resulting in any way from Element 26 Fitness, LLC activities, (ii) actions or claims brought by any of the Participant Parties against any of the Released Parties in connection with Element 26 Fitness, LLC and (iii) uses of the Recordings, Statements and/or Image.
- LAWSUITS. I HEREBY REPRESENT AND WARRANT TO THE RELEASED PARTIES THAT NONE OF THE PARTICIPANT PARTIES SHALL MAKE OR INSTITUTE ANY LAWSUIT OR CLAIM ANY LIABILITY, IN LAW OR INEQUITY, AGAINST ANY OF THE RELEASED PARTIES WITH RESPECT TO ANY CLAIM, JUDGEMENT, LOSS, LIABILITY, COST AND EXPENSES (INCLUDING, WITHOUT LIMITATIONS, ATTORNEY’S FEES AND COSTS, LOST WAGES, AND MEDICAL EXPENSES) ARISING OUT OF OR CONNECTED WITH ELEMENT 26 FITNESS, LLC, WHETHER SAME SHALL ARISE BY THEIR NEGLIGENCE OR OTHERWISE, INCLUDING ANY CLAIMS ARISING OUT OF OR CONNECTED WITH ANY ILLNESS OR INJURY (MINIMAL, SERIOUS, CATASTROPHIC) AND/OR DEATH THAT I MAY INCUR DURING USE OF ELEMENT 26 FITNESS, LLC FACILITIES OR ASSOCIATED ACTIVITIES (WHETHER ON ELEMENT 26 FITNESS, LLC PREMISES OR OFF-SITE), USE OF ELEMENT 26 FITNESS, LLC EQUIPMENT (WHETHER OR NOT DURING CLASS SESSIONS), AND WHILE TRAVELING TO AND FROM ANY OFF-SITE LOCATION FOR ELEMENT 26 FITNESS, LLC ACTIVITIES. NOTWITHSTANDING THE FOREGOING, NONE OF THE PARTICIPANT PARTIES SHALL COMMENCE ANY ACTION OR PROCEEDING AGAINST ANY OF THE RELEASED PARTIES MORE THAN NINETY DAYS AFTER THE DATE ON WHICH THE EVENT TAKES PLACE, AND PARTICIPANT ACKNOWLEDGES THAT THIS LIMITATION CONSTITUTES AN EXPRESS WAIVER OF ANY RIGHTS UNDER ANY APPLICABLE STATUTE OF LIMITATIONS WHICH WOULD OTHERWISE AFFORD ADDITIONAL TIME FOR SUCH A CLAIM. IN THE EVENT OF ANY LAWSUIT, PARTICIPANT HEREBY EXPRESSLY WAIVES THE RIGHT TOT HAVE PARTICIPANT’S CLAIMS OR DEFENESES HEARD BY A JURY.
- NO REPRESENTATIONS OR WARRANTIES. ELEMENT 26 FITNESS, LLC NOR ANY OF THE RELEASED PARTIES MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OF IMPLIED, WITH RESPECT TO THE ACTIVITIES, FACILITIES, AND/OR INTRUCTION CONNECTED WITH ELEMENT 26 FITNESS, LLC AND THE RELEASED PARTIES EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
- LIMITATION OF LIABILITY. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, NONE OF THE RELEASED PARTIES SHALL BE LIABLE TO THE PARTICIPANT OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, UNDER STATUTE OR OTHERWISE, ARISING FROM ANY CLAIM DIRECTLY OR INDIRECTLY RELATING TO OR ARISING IN CONNECTION WITH ELEMENT 26 FITNESS, LLC OR THIS AGREEMENT.
- Severability. If any provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, such provision shall be excluded from this Agreement, the remainder of which shall continue to be valid, lawful and enforceable in all other respects to the fullest extent permitted by law.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any controversy arising under this Agreement shall be adjudicated before a state court of competent jurisdiction located in St. Johns County, Florida. By the execution and delivery of this Agreement, each party: (i) accepts, generally and unconditionally, the exclusive jurisdiction of such court and any related appellate court; and (ii) irrevocably waives any objection it may now or hereafter have as to the venue of any such suit, action or proceeding brought in such a court or that such court is an inconvenient forum.
- Entire Agreement. This Agreement constitutes the sole and entire understanding among Element 26 Fitness, LLC and myself with respect to the subject matter hereof and supersedes all prior agreements, promises, proposals, representations, and understandings and negotiations, whether written or oral, among Element 26 Fitness, LLC and myself with respect to such subject matter. No amendment, supplement or modification to this Agreement shall be binding unless made in writing and signed by the parties hereto.
- I acknowledge and understand that Element 26 Fitness, LLC has established rules and regulations pertaining to conduct, behavior, and activities of all participants and I agree to abide.
- COVID-19. Please understand that despite all the precautions that you, other members, and/or ELEMENT 26 FITNESS, INC may take, we cannot guarantee your health or safety, and you may still be exposed to COVID-19, including through interactions with other individuals who have COVID-19. By executing this release and gaining access to the facility, you, on behalf of yourself, your heirs, beneficiaries, representatives, successors and assigns: (1) voluntarily assume all risks associated with any exposure to COVID-19, including, but not limited to suffering any type of medical condition, illness and, potentially, death; and (2) knowingly and voluntarily waive, release, covenant not to sue, forever discharge, indemnify, and hold harmless ELEMENT 26 FITNESS, LLC, its parents and subsidiaries and their respective officers, directors, employees, contractors, agents, representatives, successors and assigns (“Released Parties”) from any and all liability, damages, losses, suits, demands, causes of action to the fullest extent permitted by the laws of this state, or any other claims of any nature whatsoever, arising out of or relating in any way to your use of the facility and your potential exposure to COVID-19.
THIS DOCUMENT INCLUDES A RELEASE OF ELEMENT 26 FITNESS, LLC
AND OTHERS FROM LIABILITY FOR PERSONAL INJURY, WRONGFUL DEATH, AND PROPERTY DAMAGE CAUSED BY NEGLIGENCE. I HAVE READ THIS DOCUMENT AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY AND A WAIVER OF RIGHTS.