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Waiver & Release of Liability | Policies & Guidelines

WAIVER AND RELEASE OF LIABILITY

IN CONSIDERATION OF the risk of injury that exists while participating in PHYSICAL EXERCISE (hereinafter the "Activity"); and

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITYand hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and

I HEREBY release and forever discharge DISTANT FITNESS, LLC, located at 6360 S Pecos Rd, Suite 11, Las Vegas, Nevada 89120, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, ORFROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Distant Fitness, LLC to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the Distant Fitness, LLC official or agent, regarding my approval to participate in the Activity.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Distant Fitness, LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Distant Fitness, LLCFOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Distant Fitness, LLC, its agents, and employees. I agree that this Release shall be governed for all purposes by Nevada law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.

In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant and Distant Fitness, LLC agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

I, THE PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.

AUDIO/VIDEO Surveillance Disclosure

Video surveillance cameras are installed in all studios and throughout the property (6360 S Pecos Rd., Suite 11, Las Vegas, NV 89120) leased by DISTANT FITNESS, LLC. Cameras are recording and are monitored. Signs alerting individuals of their presence have been installed on the mirrors facing the entrance of each studio. Recordings capture audio but are not actively listened to. Audio settings are muted.

The purpose of video surveillance at DISTANT FITNESS is to:

• Provide visibility in each studio in case an individual is in need of assistance.

• Provide visibility in each studio in case of emergency.

• Assist in the daily operations of DISTANT FITNESS, LLC, including identifying individuals who do not comply with the outlined Policies & Guidelines.

• Deter theft and vandalism and assist in the identification of individuals who commit damage to the property.

• Assist law enforcement agencies with regard to the investigation of any crime that may be depicted.

At no time will the general public have access to the monitors or to the recordings made in the course of the surveillance. Information contained on the recordings shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. The focus of cameras used in video surveillance will not cover areas where there is an expectation of privacy. Any attempt at disabling or obscuring the cameras is prohibited and any act not in compliance with the Agreement and Policies/Guidelines observed in the footage of the surveillance cameras may result in suspension of use and prohibition of future use of the facility.

INDEPENDENT PERSONAL TRAINER DISCLOSURE

DISTANT FITNESS, LLC is NOT affiliated with the independent personal trainers that use the facility. DISTANT FITNESS, LLC is not a party to any arrangement made to any individual and the personal trainer. DISTANT FITNESS, LLC shall not be liable in any way for results or lack of results obtained from any personal training arrangement activities. All release and waivers of liability stated above herein apply to any and all fitness activities. Any introduction(s) by DISTANT FITNESS, LLC of an individual/personal trainer to an individual/personal trainer shall not be considered an endorsement by DISTANT FITNESS, LLC. No independent trainer shall represent themselves to be an employee or an affiliate of DISTANT FITNESS, LLC in any way other than as a member of the facility. No member may use the DISTANT FITNESS, LLC name or logo for any purpose.

COVID-19 DISCLOSURE

Please understand that despite all the precautions that you, other members, and/or DISTANT FITNESS, LLC 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 DISTANT 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.

POLICIES AND GUIDELINES

In order to ensure a safe and enjoyable workout environment, we have established the following policies and guidelines. Please read and observe these guidelines. We may amend or add to these policies at any time.

Violation of any of the following can result in the termination of the remainder of your session. A refund will not be issued.

• DO NOT throw medicine balls against walls, mirrors, or glass. (floor only)

• ALWAYS use spotter arms

• Closed-toed shoes are REQUIRED at all times

• ALWAYS wear appropriate undergarments

• DO NOT unplug or move anything within the room

• DO NOT perform exercises on the hooks. Hooks should only be used for storage.

• DO NOT climb on the rack

• DO NOT throw kettlebells or dumbbells

• NO studio hopping. Stay in your assigned studio

• DO NOT make adjustments to equipment cables

• READ label warnings before performing exercises

• DO NOT remove any equipment from the studios

• NO smoking, vaping, e-cigs

• NO drugs or alcohol

• NO fighting (rough housing)

• NO filming outside of your assigned studio

• DO NOT use equipment close to mirrors

• DO NOT misuse equipment

• NO pets allowed

• Report any damaged equipment

• Adult film/content is PROHIBITED

• Staff is always readily available

I, THE PARTICIPANT, have read and agree to the DISTANT FITNESS, LLC POLICIES & GUIDELINES.


I Agree









First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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