Risk and Liability Waiver

  • Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

    The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious. Powerhouse Gym has put in place preventative measures to reduce the spread of COVID-19; however, Powerhouse Gym cannot guarantee that you will not become infected with COVID-19. Further, participation could increase your risk of contracting COVID- 19 or other infectious diseases.

    By signing this agreement, I acknowledge the contagious nature of COVID-19 and other infectious diseases and voluntarily assume the risk that I may be exposed to or infected by COVID-19 or other infectious diseases by participation; and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 or other infectious diseases at Powerhouse Gym may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Powerhouse Gym’s employees, volunteers, and program participants and their families.

    I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my participation at Powerhouse Gym. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Powerhouse Gym, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Powerhouse Gym, its employees, agents, and representatives, whether a COVID-19 infection or other infectious disease occurs before, during, or after participation at Powerhouse Gym.

    I represent that I have adequate insurance to cover any injury or illness I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or illness myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition. In the event that I file a lawsuit, I agree to do so in the state where Powerhouse Gym is located, and I further agree that the substantive law of that state shall apply. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

    By signing this document, I agree that if I am exposed or infected by COVID-19 or other infectious disease during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.

    I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.

    If I have signed a separate general waiver of liability connected to my participation at Powerhouse Gym, I agree that the terms of that waiver are wholly incorporated into this document and that the terms of this document are incorporated into the separate general waiver.

    I agree that I will practice safe social distancing and clean hygiene during my participation at Powerhouse Gym.

    Billing – I acknowledge, agree, and accept that by signing this document and checking in to Powerhouse Gym, I am activating my membership for billing and Powerhouse Gym will bill me for my monthly gym membership dues and enhancement fees on an ongoing basis. I agree to payment, as set forth in my member agreement, of my monthly membership dues notwithstanding any governmental or other order relating to the operation and/or opening or closing of the gym facilities. I may suspend or freeze my membership for future use during any government ordered closing of the gym facilities so long as I do not use any of the gym facilities during the calendar month for which I have suspended or froze my membership and pay for the prior months for which I reactivated my membership.
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