RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“AGREEMENT”)
In consideration of the services of IQ Fitness/DBA Bucks Sports Barn, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "IQF"), I hereby agree to release, indemnify, and discharge IQF/DBA Bucks Sports Barn, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in superhero parties, performances, and aerial arts training and instruction activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips and falls; falling from equipment; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; strains, cuts, bruises, muscle soreness and fractures; musculoskeletal injuries including head, neck, and back; injuries to internal organs; the negligence of other people; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity. In any event, if you or your child is injured, any medical assistance will be at your own expense.
Furthermore, IQF/DBA Bucks Sports Barn personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless IQF/DBA Bucks Sports Barn from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of IQF's/DBA Bucks Sports Barn equipment or facilities, including any such claims which allege negligent acts or omissions of IQF/DBA Bucks Sports Barn.
4. Should IQF/DBA Bucks Sports Barn or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against IQF/DBA Bucks Sports Barn, I agree to do so solely in the state of Georgia, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against IQF/DBA Bucks Sports Barn on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at IQF/DBA Bucks Sports Barn. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
BUCK’S SPORTS BARN RELEASE AND WAIVER As the Coronavirus (COVID-19) situation evolves, we would like to assure you that the Association and Management are following recommendations from public health officials and other governmental authorities. In consideration for being permitted by BUCK’S SPORTS BARN, I agree to personally assume the risk of partaking by myself and my minor children in the use of BUCK’S SPORTS BARN, including, without limitation, any damages or injuries to person (including death) or property arising out of or in connection with use of BUCK’S SPORTS BARN. I further acknowledge the contagious nature of COVID-19 and voluntary assume the risk that myself and my minor children may be exposed to or infected by COVID-19 by using BUCK’S SPORTS BARN 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 COVID19 at BUCK’S SPORTS BARN may result from the actions, omissions, or negligence of myself and others, including but not limited to, employees, agents, and representatives. I agree to unconditionally release, hold harmless and indemnify BUCK’S SPORTS BARN, its employees, and members from and against any and all claims for injury, damage, or loss sustained by me or, if applicable, my minor children, which may accrue or arise out of me or my minor child’s use of BUCK’S SPORTS BARN including, but not limited to, any and all claims for negligence, personal injury, wrongful death, property damage, attorney fees, litigation costs or money damages of any kind which I may bring individually or which claims may be brought by my personal representative(s) or assignee(s), or which claims my minor children or their personal representative(s) or assignee(s) may bring. I further understand and agree that this release includes any claims based on the actions, omissions, or negligence of BUCK’S SPORTS BARN, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after my or, if applicable, my minor child’s use of BUCK’S SPORTS BARN. By signing below, I stipulate and agree that I am signing and entering into this agreement voluntarily and of my own free will. By signing below, I also represent and affirm to BUCK’S SPORTS BARN, its employees, and members, that (1) neither I, my minor child, nor anyone I am cohabitating with have tested positive for COVID-19 or has any COVID-19 symptoms, to include, but not limited to, cough, shortness of breath or difficulty breathing, fever, chills, headache, sore throat, or loss of taste or smell (“COVID-19 Symptoms”), or (2) if I, my minor child, or anyone I am cohabitating with have previously tested positive for COVID-19, that neither I, my minor child, nor anyone I am cohabitating with currently exhibit any COVID-19 Symptoms, and have been cleared by a doctor or other medical professional to end home isolation, pursuant to CDC guidelines. By signing below, I additionally agree to abide by all provisions within BUCK’S SPORTS BARN Declaration as well as its rules, regulations and policies when engaging in use of BUCK’S SPORTS BARN. I further represent and affirm that I have had the opportunity to review the attached rules and regulations for using BUCK’S SPORTS BARN and agree to abide said rules and regulations. In addition, I represent and affirm that I am not currently under the influence of alcohol, drugs, or medication which may impair my ability to sign and enter into this agreement whatsoever. This document shall be governed by and construed in accordance with the laws of the State of Georgia. I HAVE READ THIS WAIVER AND RELEASE CAREFULLY BEFORE SIGNING, AND I UNDERSTAND THAT IT IS CONTRACTUAL AND NOT A MERE RECITAL.
Date: November 26, 2020