Acknowledgment and Acceptance of All Risks: I understand that participating in any exercise activity, program or service (including, but not limited to Personal Training, Weight Training, Pilates, Yoga, Chiropractic Care, Physical Therapy, Nutritional Guidance and Personal Chef Service) involves the risk that I may suffer serious physical injury, death or other damage. I understand and agree that I am voluntarily participating in any and all exercises, activities, classes and programs at FIT CLUB KELLY’S COVE, LLC DBA MUSCLE BEACH SF or off-site and that I am assuming all risk of injury, medical condition, illness, death, and/or loss or damage to personal property that arises out of my participation in any activity or program at FIT CLUB KELLY’S COVE, LLC DBA MUSCLE BEACH SF whether using the exercise equipment or not. I further understand and agree that this acknowledgement and acceptance of all risks includes my participation in any exercise, activity, class or program made available to me in the future. Acknowledgement and Assumption of the Risk Relating to COVID-19: I understand that FIT CLUB KELLY’S COVE, LLC DBA MUSCLE BEACH SF has put in place preventative measures to reduce the spread of COVID-19; however, the FIT CLUB KELLY’S COVE, LLC DBA MUSCLE BEACH SF cannot guarantee that I or members of my household will not become infected with COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I or members of my household may be exposed to or infected by COVID-19 while on the premises of FIT CLUB KELLY’S COVE, LLC DBA MUSCLE BEACH SF 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 at FIT CLUB KELLY’S COVE, LLC DBA MUSCLE BEACH SF may result from the actions, omissions, or negligence of myself and others, including, but not limited to, FIT CLUB KELLY’S COVE, LLC DBA MUSCLE BEACH SF employees, independent personal trainers, and other individuals using the premises. [With respect to COVID-19 I expressly acknowledge and agree that I am responsible for providing my own personal protective equipment and to follow CDC guidelines on safe social distancing. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.] Release and Waiver of Liability: In consideration of the use of the premises and equipment at FIT CLUB KELLY’S COVE, LLC DBA MUSCLE BEACH SF, and of the services provided to me by FIT CLUB KELLY’S COVE, LLC DBA MUSCLE BEACH SF, I agree on behalf of myself, my personal representatives, heirs, executors, administrators, agents, successors and assigns to forever RELEASE AND DISCHARGE FIT CLUB KELLY’S COVE, LLC DBA MUSCLE BEACH SF from any and all liabilities, claims, demands, or causes of action that I may hereafter have for injuries, death or damages that result from personal injury or damage to or loss of personal property arising out of or in any way connected with, my use of any FIT CLUB KELLY’S COVE, LLC DBA MUSCLE BEACH SF facilities, or my participation in any exercise activity, program or service at FIT CLUB KELLY’S COVE, LLC DBA MUSCLE BEACH SF or off-site whether using the equipment or not. This Waiver and Release includes, but is not limited to, claims arising from injury, death or damage caused by the passive or active negligence of FIT CLUB KELLY’S COVE, LLC DBA MUSCLE BEACH SF, improper maintenance of equipment by anyone, use or purchase of any exercise equipment which may malfunction or break, consumption or purchase of any food or beverages sold on site, negligent instruction or supervision on the part of FIT CLUB KELLY’S COVE, LLC DBA MUSCLE BEACH SF, my slipping and falling in and around the FIT CLUB KELLY’S COVE, LLC DBA MUSCLE BEACH SF premises, risk of infection from COVI-19 (whether a COVID-19 infection occurs before, during, or after participation in any activity at FIT CLUB KELLY’S COVE, LLC DBA MUSCLE BEACH SF), and/or hidden, latent, or obvious defects of any FIT CLUB KELLY’S COVE, LLC DBA MUSCLE BEACH SF equipment. I also expressly agree to release and discharge FIT CLUB KELLY’S COVE, LLC DBA MUSCLE BEACH SF from any act or omission in rendering or failing to render any type of rescue, emergency or medical services to me.
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