THE SOCIETY CYCLING + STRENGTH LIABILITY RELEASE WAIVER
I have signed up to attend class at THE SOCIETY, LLC, (“THE SOCIETY”) and in partial consideration for such membership, I acknowledge, represent and agree as follow:
1. THE SOCIETY has disclosed to me, and I acknowledge that indoor cycling and strength training carries certain health risks including but not limited to mild to severe muscle and tendon strain, mild to severe joint pain and even heart attacks.
2. I represent to THE SOCIETY that I am in good health and have no disability, impairment, medical condition, illness or health related issue which may prevent me from engaging in vigorous exercise or using THE SOCIETY facilities and taking classes offered by the studio instructors, or which pose a health risk to other users of THE SOCIETY facilities.
3. I assume full responsibility for my medical condition as it relates to engaging in exercise and using THE SOCIETY facilities. I have consulted with a physician and have not been instructed by such physician to refrain from using THE SOCIETY facilities or not to participate in any activities of the type available in THE SOCIETY facilities, or in lieu of such consultation, I represent that I have had the opportunity to have done so and have waived the opportunity to do so.
4. I have adequate insurance (including, without limitation, health insurance) necessary to provide for and pay any and all medical costs that may directly or indirectly result from my use of THE SOCIETY facilities.
5. I understand that my presence in THE SOCIETY facilities and my use of these facilities involves risk as disclosed herein. I hereby knowingly and freely assume all risk and responsibility for any and all damage to property or bodily and/or personal injury in connection with my use of THE SOCIETY facilities, or taking classes offered by THE SOCIETY.
6. I hereby release, discharge and covenant not to sue (and relinquish my rights to sue) THE SOCIETY, its members, managers, employees, attorneys, and their respective successors and/or assigns (each a “Released Party” and collectively, the “Released Parties”), from and with respect to any and all liability, claims, demands, actions, suits, rights and/or causes of action of whatever kind or nature, now or hereafter existing, whether known or unknown, present or future, foreseen or unforeseen, whether caused by the negligence of a Released Party or otherwise, that may arise from my use of THE SOCIETY facilities, or taking classes offered by THE SOCIETY, including, without limitation, any damage to property or bodily and/or personal injury in connection therewith. I hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release. I acknowledge that this means, in part, that I am hereby releasing any and all unknown future claims.
7. I agree to indemnify and hold harmless the Released Parties from and against any loss, damage, claim, suit, liability, demand, cost and/or expense, paid or incurred by the Released Parties, or asserted against any of them (including attorney’s fees, court costs and disbursements) caused in whole or in part, by, or arising directly or indirectly out of my use of THE SOCIETY facilities, taking classes offered by THE SOCIETY, and/or my breach of this Agreement.
8. THE SOCIETY has advised me not to bring valuable personal property into it’s facilities. I assume full responsibility for any loss of or damage to my personal property which may occur at THE SOCIETY facilities. The Corporation shall not be liable for the loss, theft, or damage of any personal property located anywhere in THE SOCIETY facilities.
9. I agree to the following miscellaneous provisions:
a. I have neither requested nor received any express representations or warranties as to the use of THE SOCIETY facilities and THE SOCIETY has not made and does not make any actual or implied representations or warranties regarding the condition or appropriate use of THE SOCIETY facilities, or taking classes offered by THE SOCIETY.
b. This Agreement has been executed by me and may not be used by any other person for the purpose of using THE SOCIETY facilities.
c. I have received a copy of THE SOCIETY rules and regulations (if requested) and agree to abide by them and any amendments to them hereafter adopted. I agree that THE SOCIETY may suspend or revoke my right to use THE SOCIETY facilities upon determining, in its sole discretion, that I have materially violated any of the THE SOCIETY facilities rules and regulations or that I have materially breached the terms of this Agreement.
d. This Agreement covers any and all liability, claims and actions caused entirely, or in part, by any and all acts or failures to act on my part, including but not limited to, negligence or mistake.
e. This Agreement shall also bind my assigns, heirs, executors, administrators, and assigns.
f. THE SOCIETY facilities Release and Waiver shall be governed by, construed and enforced in accordance with, the laws of California.
g. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, or the application thereof to any person or circumstance shall to any extent be illegal, invalid or unenforceable under present or future laws, then and in such event, it is the express intention of the parties that the remainder of this Agreement, or the application of such terms, clauses or provision other than to those as to which it is held illegal, invalid or unenforceable, shall not be affected thereby, and each term, clause or provision of this Agreement, and the application thereof, shall be legal, valid and enforceable to the fullest extent permitted by law.
h. This Agreement constitutes the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior agreements, understandings, negotiations, statements, promises and discussions, oral and written, between the parties hereto with respect to the subject matter of this Agreement.
i. The provisions of this Agreement will continue in full force and effect even after the termination of the activities conducted by me at THE SOCIETY facilities.
10. LIMITATIONS OF LIABILITY DURING CORONAVIRUS/COVID-19 PANDEMIC: THE SOCIETY takes Coronavirus seriously and has put in place preventative measures to help reduce the spread of COVID-19. However, THE SOCIETY cannot guarantee that you, your family, and/or your guests will not become infected with COVID-19. It is possible that attending classes, events, and activities at Camp may place you in close physical contact with other members, guests, and staff and could increase the risk that you, your family members, or guests contract COVID-19. You acknowledge the contagious nature of COVID-19 and that such exposure or infection could result in personal injury, illness, permanent disability, and/or death. You understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of yourself or others.
By signing this document, enrolling online, and/or attending in person classes, events, activities, and other programs or entering THE SOCIETY, to the extent allowed by applicable law, you voluntarily agree, on behalf of yourself and your heirs, personal representatives or assigns, and any minor child you enroll: (1) to assume all of the foregoing risks related to COVID-19 and accept sole responsibility for any COVID-19 related illness, damage, loss, claim, liability, or expense (included but not limited to personal injury or death) that may occur to you or your family members in connection with participation in a SOCIETY class or event (“Claims”) and (2) covenant not to sue THE SOCIETY or its affiliates, parents, instructors, guests, and/or employees for any Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of relating thereto based on the actions, omissions, or negligence of THE SOCIETY, it’s instructors, guests, employees, whether a COVID-19 infection occurs before, during, or after entering THE SOCIETY or participating in studio events.
11. I have read and fully understand the terms of this Agreement, and understand that I may have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement. I agree to abide by and be bound by the terms and conditions of this Agreement. PARTICIPANT CERTIFIES THAT HE/SHE IS AT LEAST 18 YEARS OF AGE, OR IF HE/SHE IS UNDER 18 YEARS OF AGE, THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN CERTIFIES, THAT HE/SHE HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND INDEMNITY AGREEMENT.
12. I agree to comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given by THE SOCIETY trainers and staff.
IN WITNESS WHEREOF, the parties have duly executed this Agreement as follows:
THE SOCIETY, LLC: Class Participant:
By ___________________________ ___________________________
FOR MINOR: Complete if applicable: I am the ______________ [designate relationship] of _________________, a minor and I have the full and complete authority to execute this
Release on behalf of the minor.