In consideration of taking part, in any way, in fitness training or classes at Transform Fitness and Recovery LLC, located at 125 Columbus Avenue, Tuckahoe, NY 10707 (each, individually, or combined, the “Activities”), I, the undersigned, and if applicable on behalf of the participant of minority age named below (the “Minor”), for myself, my personal representatives, assigns, heirs and next of kin, hereby acknowledge and agree to the terms of this Release and Waiver of Liability, Assumption of Risk and Indemnification Agreement (the “Agreement”), as follows:
1. I acknowledge, agree, and represent that I understand the nature of fitness, strength and conditioning, athletic training, and other types of physical activity and that I am qualified, in good health, and in proper mental and physical condition to participate in the Activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activities.
2. I fully understand that: (a) fitness, strength and conditioning, athletic training, and other physical activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis, and death (“Risks”); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activities, or others acting outside of the Activities, the condition in which the Activities take place, or the negligence of the Releasees (as defined below); (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time, and I fully accept and assume all such risks and all responsibility for losses, costs and damages I incur as a result of my participation in the Activities.
3. I hereby release, discharge, covenant not to sue, and will hold harmless Transform Fitness and Recovery LLC, their respective administrators, directors, agents, employees, contractors, officers, directors members, volunteers, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the activities takes place, (each, individually, a “Releasee,” and taken together the “Releasees”) from all liability, claims, damages on my or the Minor’s account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations; and I further agree that if, despite signing the Agreement, I or anyone on my behalf and/or my child’s behalf makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage or cost that each and any of the Releasees may incur as the result of such claim.
4. The following rules are some, but not all, of the requirements and regulations of participating in the Activities that I agree to comply with; additional requirements and regulations may be conveyed at a later time or date, which I agree to comply with:
Transform Fitness and Recovery Participants: I agree to adhere to all CDC and WHO guidelines pertaining to infectious diseases and practice proper social distancing as well as wearing approved PPE when able to. I will adhere to all hygiene protocols set forth by Transform Fitness and Recovery with regards to the following: a) hand washing for at least 20 seconds before and after training, b) take personal temperature before going to Transform Fitness and Recovery facility, c) stay home if feeling sick or if you believe you have come in contact with anyone that may be contagious, d) continually wipe down equipment used during training with provided sanitizing devices, and e) continually use the hand sanitizer provided throughout the Transform Fitness and Recovery facility.
I agree to fill out a complete Health History Questionnaire provided by Transform Fitness and Recovery before participating any fitness/athletic/performance training or classes
Cancellation Policy: There is a 12-hour cancellation policy for any class, personal training, guided training, or small group training session. Any cancellation within that time period will be subject to charge of the full fee for that session at the discretion of Transform Fitness and Recovery.
I have read the Agreement, fully understand its terms, understand that I have given up substantial rights by signing it for the consideration given above including the right to participate in the Activities, and have signed it freely and without any inducement or assurance of any nature, and intend the Agreement to be a complete and unconditional release of all liability to the greatest extent allowed by law, and agree that if any portion of this agreement is held to be invalid, the balance of the Agreement shall continue in full force and effect. I further understand that I must be at least eighteen (18) years of age* or otherwise accompanied by an adult to participate in the Activities.
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
In consideration for receiving permission to BE ON PREMISES at TRANSFORM FITNESS AND RECOVERY LLC (“TRANSFORM”), located at 125 Columbus Avenue, Tuckahoe, NY 10707 (hereinafter the “Activity” or “Training”), I, on behalf of myself and any minor child/children for whom I have the capacity to contract, hereby acknowledge and agree to the following:
- I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates.
- Notwithstanding the risks associated with COVID-19, and other illnesses which I readily acknowledge, I hereby willingly choose to participate in Activities at TRANSFORM.
- I acknowledge and fully assume the risk of illness or death related to COVID-19 and other illnesses arising from my being on the premises and participating in the Activities including Training and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children for whom I have the capacity to contract) Transform Fitness and Recovery LLC, their owners, officers, directors, agents, employees and assigns (“the RELEASEES”) from any liability related to COVID-19 which might occur as a result my being on the premises and participating in the Activities.
- I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury suffered by me or any minor children for whom I have the capacity contract.
- It is my express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions constrained herein shall be construed, interpreted and controlled according to the laws of the State of New York.
- I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT THE PERMISSION GRANTED BY RELEASEES TO BE ON PREMISES AND PARTICIPATE IN THE ACTIVITIES.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
Date: February 6, 2023