ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT: BEACH HOUSE BOSTON
I HAVE READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS AN ASSUMPTION OF RISK AND RELEASE OF LIABILITY AND A BINDING CONTRACT, AND I SIGN IT OF MY OWN FREE WILL. I CERTIFY THAT I AM AT LEAST 18 YEARS OF AGE ON THE DATE HEREOF, AND IF I AM SIGNING ON BEHALF OF A MINOR PARTICIPANT, THAT I AM THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN.
I and/or my child (collectively “I,” “me,” or “my”) understand and acknowledge that I have voluntarily chosen to participate in activities at the Beach House - Boston (“Beach House”) facilities, including but not limited to indoor sand volleyball or other sand games or activities; weight, strength, and fitness training and instruction; participation in leagues, court rentals, pick-up play, tournaments, camps, or special events; instruction in any activities; and/or any other activity undertaken on Beach House’s premises (hereinafter collectively referred to as the “Beach House Activities”) and use of the premises, locker rooms, sand volleyball courts, fitness equipment, weights, parking, property and entering the facility (hereinafter collectively referred to as “use of the facilities”). In consideration for my being allowed to participate in the Beach House Activities and the use of the facilities, In connection with the risks I assume, I hereby agree that I release and discharge from all liability Palooza Beach LLC, a Massachusetts limited liability company doing business as the Beach House – Boston, Stephen Mugford, Bryan Doo, Optimal Fitness, LLC, Robert Timmins, Kelvin Rivera and each of their agents, owners, members, affiliates, investors, officers, directors, volunteers, employees, coaches, instructors, tournament sponsors, contractors, all other persons or entities acting in any capacity on their behalf, all property owners (hereinafter collectively referred to as “Beach House Parties”), on behalf of myself, my children, my parents, my heirs, assigns, personal representatives, guardians and estate as set forth herein.
1. Acknowledgment of Risk: I recognize that there are inherent and other risks, which may or may not all be listed in this document, associated with the Beach House Activities and use of the premises. These dangers include but are not limited to falling; striking padded or unpadded surfaces; being injured by balls, posts, other objects, or the actions or inactions of participants, instructors, or spectators; risks associated with fitness training and use of weights; risks associated with playing volleyball or other activities in the sand; risks associated with exposure to sand and dust, and any resulting illness from such exposure; potential exposure to communicable disease such as viruses and bacteria in connection with use of the facilities, including contracting COVID-19; and illness, injury or death resulting from engaging in physical activity. I recognize that if I engage in Beach House Activities and encounter these risks, serious injury or death may result, and I understand that no amount of care, caution, instruction or expertise can eliminate these risks. I understand that I alone am responsible to decide whether to engage in the Beach House Activities. I confirm that I am physically and mentally capable of participating in the Beach House Activities, and I understand that if my mental or physical condition changes after the execution of this agreement such that I am not capable of participating in the Beach House Activities, I am obligated to cease participating in the Beach House Activities. I understand that it is my responsibility to comply with all posted procedures, including safety procedures and hygiene procedures intended to lessen the likelihood of the spread of disease between participants and/or staff, including all COVID-19 protocols.
2. Acknowledgement of additional risks relating to communicable diseases, including COVID-19: In addition to the risks described in Section 1, the risk to have direct or indirect contact with individuals who have been exposed to and/or diagnosed with one or more communicable diseases, including but not limited to COVID-19 or other medical conditions, diseases, or maladies, and/or any mutation or variation thereof, does exist and it is impossible to eliminate the risk that I could become infected through contact with or close proximity to an individual with a communicable disease. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact, including from those who are asymptomatic. Participating in Beach House Activities and use of the premises could increase the risk of contracting COVID-19. 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 participating in Beach House Activities and use of the premises, and that such exposure or infection may result in injury, illness and death to myself and others. I understand that the risk of becoming exposed to or infected by COVID-19 while participating in Beach House Activities and use of the premises may result from the actions, omissions, or negligence of myself or others. I UNDERSTAND AND VOLUNTARILY ACCEPT AND ASSUME ALL the foregoing risks related to COVID-19 and accept sole responsibility for any injury, illness and death to myself and others that may occur.
3. Assumption of Risk: Despite the risks involved and as consideration for being allowed to participate in the Beach House Activities, I AGREE TO EXPRESSLY ASSUME ANY AND ALL RISK OF INJURY, ILLNESS OR DEATH that might be associated with my participation in the Beach House Activities and use of the facilities.
4. Release: I AGREE TO RELEASE FROM LIABILITY Beach House Parties for any damage, injury or death to me or others arising from my participation in the Beach House Activities or use of the facilities with the exception of claims that cannot be released under applicable law. I understand that this RELEASE OF LIABILITY will prevent me, my child, and my heirs from making any claim for damages in the event of illness, injury or death arising from my participation in the Beach House Activities or use of the facilities. I UNDERSTAND THIS IS A RELEASE OF LIABILITY that will apply whenever I participate in the Beach House Activities or use of the facilities, and that each time I use the facilities and/or engage in the Beach House Activities, that will constitute a renewal and reaffirmation of my and acceptance of this agreement.
5. Indemnity: If my child, my heir, my estate, or my legal representative files a claim or a lawsuit arising out of my participation in the Beach House Activities or use of the facilities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Beach House Parties for any and all damages, attorney’s fees, and costs arising out of such a claim or a lawsuit. If I execute this agreement on behalf of another person, I certify that I am authorized to execute this agreement on their behalf and agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS Beach House Parties in the event that person brings a claim and contends that I was not authorized to execute this agreement.
6. Governing Law and Severability. I agree that this Waiver and Release of Liability Agreement shall be governed by Massachusetts law and jurisdiction, and construed as broadly as permissible under the law. I agree that if any portion of this Waiver and Release of Liability Agreement is held to be invalid, the rest shall nonetheless remain in full force and effect. This document constitutes the entire agreement between the parties and it cannot be changed or modified except in writing and signed by the parties.
7. Photo and Video Release: I acknowledge that Beach House Parties and other participants may photograph or videotape my Beach House Activities and use of the facilities. I agree that the Beach House may use these photographs and recordings in any way without compensation to me including, but not limited to, for marketing purposes and as evidence in any dispute or litigation.
I HAVE READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AND A BINDING CONTRACT, AND I SIGN IT OF MY OWN FREE WILL. I CERTIFY THAT I AM AT LEAST 18 YEARS OF AGE ON THE DATE HEREOF, AND IF I AM SIGNING ON BEHALF OF A MINOR PARTICIPANT, THAT I AM THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN.