I, hereby agree that by signing this document, I consent to waive certain legal rights, including the right to sue the following party, and, if applicable, its owners, trainers, representatives, and facilities from any physical, material, tangible or intangible, loss or damages that may happen to me during my participation in any of the fitness services, programs and practices (hereinafter, "Fitness Services") undertaken while under their instruction or thereafter: SKN Muay Thai, LLC (hereinafter "SKN”). I will be voluntarily participating in the Fitness Services that will be conducted by SKN. These Fitness Services will include, but not be limited to Martial Arts, Muay Thai, boxing fitness classes, boxing lessons, private sessions and related clubs, events and activities. The following is the identifying and contact information of SKN: Business Address: 6595 Hamilton Avenue
Pittsburgh, PA 15206 Business Contact Number: 412-224-2272 My initials below indicate that I agree with and understand the following: It is my responsibility to consult a physician before participating in this or any fitness program and I affirm that I have no medical conditions that would restrict me from participating in any of the Fitness Services. I agree to hold SKN, and if applicable, its owners, trainers, and representatives, harmless from any damage, whether tangible or intangible, that may happen to me while participating in the Fitness Services. Such injuries may include, but are not limited to, muscle strains, muscle sprains, muscle spasms, heart attacks, raised blood pressure, and broken, fractured, or dislocated bones. I agree that SKN offers the Fitness Services with no guarantee of results. I agree that I am solely responsible to maintain the diet and fitness regime appropriate for my level of health and stamina, and I agree that any results that occur, whether positive or negative, are the effects of my own personal choices. I agree that participation in the Fitness Services is not a replacement for actual medical care, and that if I do experience medical issues, I will contact my doctor immediately. I agree and verify that all of the information that I have given SKN and its representatives is accurate, up-to-date, and without the omission of any known medical issues. I agree and verify that If I have omitted any necessary personal information, whether knowingly or unknowingly, I will hold SKN harmless against all liability for any damages that may occur to myself or to others because of my actions or inactions. I agree to keep SKN apprised of any changes or upcoming changes concerning my physical health and personal information. I understand and agree that it is my responsibility to let SKN know if I find myself in any pain or discomfort before, after, or during the Fitness Services. If I do require medical treatment or attention while or after participating in the Fitness Services, I agree that the medical costs are mine and mine alone and hold SKN blameless from any charges, fees, or costs that my conditions may incur. This Fitness Services Waiver will bind and be enforceable against me and all of my personal representatives. I agree that this Fitness Services Waiver should be enforceable to the fullest extent of the law, and if any portion is held invalid, the remainder should continue in full legal force and effect. I specifically acknowledge and agree that this document is not intended to be a general release, which would be limited under some state and local laws. This Fitness Services Waiver shall be construed and interpreted as broadly as possible in the applicable jurisdiction. ASSUMPTION OF RISK. I understand and am aware that my participation in the Fitness Services involves risks. These risks may lead to tangible or intangible harm, and I agree that they may result not only from my own actions but also from the actions of others. With the knowledge and understanding of these risks, I choose, of my own will and volition, to continue participating in the Fitness Services. I am also aware that there are risks that I may not have considered, yet I waive my right to any claims that may occur from these unconsidered risks and I choose, of my own will and volition, to participate in the Fitness Services. COVENANT NOT TO SUE. I will not start any lawsuit or other court action against SKN, nor will I join any such proceeding, including any claim for money damages. I acknowledge and agree that I am entering a covenant not to sue SKN in any capacity, including to hold SKN liable for any injury, loss, or damage sustained by me or my property, even if it is due to SKN's negligence or omission. I also waive the right of any of my insurers' to make any such claim. MEDIATION AND ARBITRATION. Any dispute that may arise between The Shall and Client shall be submitted to mediation using a mediator or mediators and procedures that are mutually acceptable to both parties. If mediation is not successful, the dispute shall be submitted to arbitration, conducted before an arbitrator in Allegheny County, Pennsylvania in accordance with the American Arbitration Association. INDEMNIFICATION: I agree to defend and indemnify SKN and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to my use or misuse of the Fitness Services or my conduct or actions. I agree that SKN shall be able to select its own legal counsel and may participate in its own defense, if desired. REPRESENTATION: I am over 18 (eighteen) years of age or accompanied by a guardian who can attest that I am medically and physically able to participate in the Fitness Services. GOVERNING LAW: This Fitness Services Waiver shall be governed by and construed in accordance with the internal laws of Pennsylvania without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county in any legal suit, action, or proceeding arising out of or based upon this Fitness Services Waiver: Allegheny. I have read the above Fitness Services Waiver fully and I understand and agree to its contents. I understand and agree that by signing this Fitness Services Waiver I forfeit any right, claim, or ability to hold SKN responsible for any tangible or intangible damages, loss of property, or loss of life that may occur during or after my use of the facilities and participation in the Fitness Services. ASSUMPTION OF RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19 SKN Muay Thai, LLC (“SKN”) has put in place preventative measures to reduce the spread of Coronavirus/COVID-19 (“COVID-19”); however, SKN cannot guarantee that you will not be exposed or become infected with COVID-19. Further, attending SKN could increase your risk of contracting COVID-19. Despite our careful attention to sterilization and disinfection, there is still a chance that you could be exposed to an illness at SKN. I voluntarily seek to participate in the programs offered by SKN and acknowledge that I am increasing my risk to exposure to the COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending programs offered by SKN. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending SKN 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 SKN may result from the actions, omissions, or negligence of myself and others, including, but not limited to, SKN employees, contractors, members, class participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my 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 attendance at SKN or participation in SKN events (“Claims”). On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless SKN, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, lawsuits, judgments, losses, 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 SKN, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any of SKN programs. I fully understand and acknowledge the above information, risks and cautions regarding a compromised immune system and have disclosed to my provider any conditions in my health history which may result in a compromised immune system. I acknowledge that SKN has an interest in protecting the health and safety of its staff, members and class participants, and I hereby acknowledge my responsibility to notify the studio if I or a member of my household test positive for, are diagnosed as having, COVID-19 or any other communicable disease. I further acknowledge that I will not attend a SKN class, programor event if any of the following occur: - I am experience any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or loss of taste or smell.
- I have traveled internationally within the last 14 days.
- I have traveled to a highly impacted area within the United State of America in the last 14 days.
- I have been diagnosed with COVID-19 and not yet cleared as non contagious by state or local public health authorities.
- I am not following all CDC recommended guidelines as much as possible and limiting my exposure to COVID-19.
- I have been directed to self-quarantine due to potential exposure to COVID-19 by a medical professional and/or the Department of Health, or similar local, state or Federal agency.
Agreed and accepted: Dated: November 8, 2024 |