Assumption of Risks You understand and acknowledge that the Experience(s) you sign up to do may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY, AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN EACH EXPERIENCE, INCLUDING EACH EXPERIENCE IN YOUR IMMERSIVE EXPERIENCE, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE HOST OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE EXPERIENCE, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE EXPERIENCE. Release and Waivers YOU acknowledge and agree that: YOU have reasonably assessed the risks involved in the Experience(s) and have made an informed and voluntary choice to participate. YOU alone, and not your Host(s), are responsible for determining your fitness for participating in the Experience(s) and your ability to fully understand any directions or warnings presented.YOU will not participate in any Experience(s) and/or Trip when you have a physical, medical, or mental limitation or disability or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that Experience(s) and/or Trip.YOU will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Experience(s) and/or Trip. If you notice any hazard during an Experience, you will stop participating in the Experience immediately. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE YOUR HOST(S), TOUR LEADERS, INSTRUCTORS, MANAGERS, DIRECTORS, OR ANY GOOD SAMARITAN FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS, OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR EXPERIENCE(S) AND/OR TRIP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (?Section 1542?), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY THEM MUST HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR. YOU understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered. You intend this Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Release and Waiver is held to be invalid, the balance notwithstanding shall continue in full force and effect. I Agree PHOTOGRAPHIC IMAGE, VIDEO AND FILM RELEASE, CONSENT AND WAIVER
(California Civil Code section 3344) BY SIGNING BELOW YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER AND IF I AM LESS THAN 18 YEARS OLD MY (Parent/Legal Guardian must also sign this form)I hereby consent and give the Spin Outside LLC dba SpinOut Fitness, it's sponsors, partners, clients, and investors the irrevocable right to use my photograph/image/likeness/video in all forms and manner, and edit, use, reproduce, exhibit and distribute this photograph and/or video in whole or in part, in any manner and media now known or hereinafter invented, including, but not limited to, print, publications, the City website, Instagram, Snapchat, TicToc, Facebook, Yelp, Google, and Nextdoor, in perpetuity throughout the world, in support of and/or to promote Spin Outside LLC programs, services and mission, and for archival purposes. I hereby waive the right to inspect or approve any photograph and/or video prior to use. I understand that I will not receive any compensation for the use of the photographs and/or videos. I expressly release and hold harmless Spin Outside LLC and those acting pursuant to Spin Outside LLC authority from liability for any claims by me or any third party for the actions of the Spin Outside LLC in reliance on. Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOSTS PROVIDE THE EXPERIENCE(S) AND/OR TRIP IS "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOST(S) EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU. Indemnification YOU agree that if despite this Guest Release and Waiver, you or anyone on your behalf make a claim against the Host(s) relating to an Experience and/or Trip, you will indemnify and hold the Host(s) harmless from any liability, demand, loss, damage, or costs which the Host(s) may incur as the result of such claim. You affirm that you HAVE READ THIS GUEST RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS AND HAVE DONE SO FREELY AND VOLUNTARILY, AND WITHOUT
INDUCEMENT. I Agree COVID-19 SELF HEALTH ASSESSMENT I CERTIFY that I have been completely vaccinated with any of the distributed vaccines made available to the general public in your city, state, or country. -OR- I CERTIFIY that I have have not had or have suspected of contracted Covid-19, AND I have not knowingly come in direct contact with anyone that has contacted COVID-19 or has been suspected of being infected in the last 1 to 14 days I Agree I AGREE to abide by all business, local, regional, state, and national law pertaining to wearing and shielding, and protecting myself and others by wearing a 2 layer or more cloth mask over my mouth and nose and do my best to maintain the recommended social distance of 6 feet or more while gathering in a group either inside or outside of more than 2 persons. I Agree I AGREEE to use hand sanitizer before I touch any SpinOut Fitness Waterbike gear or equipment. I Agree I UNDERSTAND people with the following symptoms may have COVID-19. COVID-19 affects different people in different ways. Infected people have had a wide range of symptoms reported, from mild symptoms to severe illness. Call your medical provider for any other symptoms that are severe or concerning to you. I Agree I WILL NOT PARTICIPATE in any activities today if you are or have felt the following symptoms or have been in contact with anyone who has displayed the following symptoms in the past 1 to 14 Days - Fever or chills
- Cough
- Shortness of breath or difficulty breathing
- Fatigue
- Muscle or body aches
- Headache
- New loss of taste or smell
- Sore throat
- Nasal congestion or runny nose
- Nausea or vomiting
- Diarrhea
- Trouble breathing
- Persistent pain or pressure in the chest
- New confusion
- Inability to wake or stay awake
- Bluish lips or face
I Certify I Have None of These Symptoms - So, Let's Ride! I Agree |