Liability Release

I understand, acknowledge and agree that the Phoenix A+ Coaching facility located at 1647 Macklind Avenue, St. Louis, Missouri, 63110 (the “Facility”) is independently owned and operated by Athletic Training Principles (“Owner”) and is not responsible to me for any loss, liability, damage, or claim whatsoever.

I understand and acknowledge that by participating in any activity at the Facility, including fitness classes, semi private training or self directed fitness programs, I face the inherent risk of property damage and bodily injury, including, but not limited to, heart attacks, muscle strains, torn ligaments, pulls or tears, broken bones, shin splints, heart attack, heart prostration, knee/lower back/foot injuries, paralysis and any other illness, soreness, or injury however caused, occurring during or after my participation in the physical activities. I further acknowledge that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion, slip and fall and other unknown problems/causes. 

I agree to hold the Owner, the Facility, and their respective members, managers, employees, directors, independent contractors and agents, harmless from and against any and all claims for bodily injury, property damage, economic loss or any other damages sustained by me: (a) in, on or about the Facility whether related to exercise or not, or (b) in connection with any activity promoted, hosted, taught or coached by the Owner.  I am encouraged to stop participating if I experience any pain, soreness, injuries, symptoms or illness. I assume all risks of participating virtually, including the risks arising from premises or surroundings not within the control of the Owner (including but not limited to obstacles, pets, children, trip hazards, low ceilings, and uneven or slippery surfaces).

As consideration for the use of the Facility, equipment, any other location, or the teaching/coaching services otherwise provided, I agree to assume all risk and responsibility involved with participation in the physical activities. By participating, I represent that I am in good physical condition and do not suffer from any disability that would prevent or limit participation in the physical activities. I acknowledge participation will be physically and mentally challenging, and I agree that it is my responsibility to seek competent medical or other professional advice regarding any concerns or questions as to my ability to take part in physical activities. I agree to assume all risk and responsibility for not exceeding my physical limits.

BY EXECUTING THIS AGREEMENT, I DO HEREBY FOREVER DISCHARGE AND RELEASE THE FACILITY, THE OWNER, FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES OR CAUSES OF ACTION OF ANY TYPE, WHETHER KNOWN OR UNKNOWN, WHICH MAY OCCUR TO ME, ARISING OUT OF OR RELATED TO MY USE OF THE FACILITY, ANY OTHER FIT BODY BOOT CAMP® FACILITY, THE EQUIPMENT, OR ANY ACTIVITY SPONSORED BY THE FACILITY, WHETHER RELATED TO EXERCISE OR NOT AND WHETHER SUCH EXERCISE OR ACTIVITY OCCURS IN/AT THE FACILITY OR ANY OTHER LOCATION. 

I agree to this release and hereby indemnify, defend and hold harmless the Owner, the facility, and their respective members, managers, employees, officers, directors, agents and independent contractors for any and all claims brought by me against the facility or the Owner.. I further expressly agree that the foregoing release, waiver, and indemnity provision is intended to be as broad and inclusive as is permitted by all applicable laws and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force. I have read this release, waiver and indemnity provision, and agree that no oral representations, statements, or inducement apart from this Agreement have been made to me.

I hereby give Owner, successors and assigns permission to photograph and record me and to use my photo and video images and likeness (collectively, the “Property”) for training and marketing purposes, which may include, education, advertising, promotion, and marketing, via print, social media, or online. I also represent that no other party has any rights to the Property.  I agree that I shall have no rights to own or use any photos or recordings of me.

I acknowledge and agree that I have no further right or claim to additional consideration or accounting and that I will make no contrary claim to the Owner (or their agents, employees, and/or assigns). In addition, I waive any right to inspect or approve the finished product, including written copy and videos, wherein my likeness appears. 

I acknowledge and agree that this Photo Release is binding upon my heirs, assigns and any other person claiming an interest in the Property. I agree that this Photo Release is irrevocable, worldwide and perpetual, and will be governed by the law of the United States.

I acknowledge that the novel coronavirus (“SARS-COV-2”) is a global pandemic and that infections have been confirmed throughout the United States and Internationally.  I understand that variants of SARS-COV-2 may become prevalent in the United States, along with other viruses (collectively, “COVID-19”).

I understand and acknowledge that the Owner cannot guarantee my safety or immunity from infection of COVID-19 or any other virus or disease.  I fully understand, acknowledge and appreciate the uncertainty of the virus, how it may spread and how it may impact my health.  

Each time I participate, I represent and attest that:

1. I am not experiencing any symptoms of illness. I do not have a fever or cough and am not experiencing shortness of breath or loss of taste or small. If I develop any of these symptoms, or if I have a suspected or diagnosed case of COVID-19 or interaction with a person suspected or diagnosed with COVID-19 in the past two weeks, I agree that I will not enter or be physically present at the Facility.

2. I agree to follow any and all safety protocols that have been or will be implemented by Owner, including those that are posted at the Facility and those that are sent to me electronically including by text message, SMS and/or email, as well as those posted on the website for the Facility. I acknowledge that the Owner may change these protocols at any time and I agree to abide by any and all such changes.

3. I do not believe that I have been exposed to a person with a confirmed or suspected case of COVID-19.

4. I have not been diagnosed with COVID-19 (or I was diagnosed but have since been cleared as non-contagious per state or local public health regulations).

5. I am and will continue to follow recommended guidelines as much as possible, including practicing social distancing, trying to maintain separation of six feet from others and otherwise limiting my exposure to COVID-19.

6. I will not visit or use the Facility within 14 days after (i) returning from a highly impacted area subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, and/or (iii) exposure to any person who has a suspected or confirmed case of COVID-19. I agree to regularly check the CDC Travel Health Notices including those listed at the following site: (https://www.cdc.gov/coronavirus/2019-ncov/travelers/index.html) before using the Outlet, attending classes at the Outlet, or otherwise participating in services and/or programs available at the Outlet.

7. I agree to notify the Owner immediately if I believe that I am experiencing any symptoms of COVID-19 and/or if I have a suspected or diagnosed case of COVID-19.

I fully understand and appreciate both the known and potential dangers of using the Facility, its facilities, equipment, services and programs and acknowledge that the use thereof by me may, despite the Owner’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability and/or death.

I further expressly agree that the foregoing waivers and releases are intended to be as broad as permitted by applicable law and that if any portion thereof is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.

A parent or legal guardian's consent and signature is required to allow a minor to participate. By signing below, the parent or guardian agrees that the above LIABILITY RELEASE, PHOTO RELEASE, and COVID-19 RELEASE detailed above.

I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS DOCUMENT. I UNDERSTAND THAT BY SIGNING, I AM GIVING UP VALUABLE LEGAL RIGHTS INCLUDING THE RIGHT TO RECOVER DAMAGES FROM THE RELEASES IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGES, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID -19 AT ANY FACILITY AND ALL ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS AND IS BINDING ON ME, MY HEIRS, FAMILY, ESTATE, REPRESENTATIVES AND ASSIGNS. IN MY OPINION, THE BENEFITS OF PARTICIPATING OUTWEIGH THE RISKS I AM ASSUMING.

Please Note: Information provided in this document is not encrypted or secure. Do not provide sensitive data such as social security numbers, banking information, or private medical conditions. All data entered into this document is available to all employees of the organization.

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