COVID-19 WAIVER AND RELEASE
Disclaimer As To Coronavirus-Related Liabilities In addition to being unprecedented, the coronavirus pandemic remains a highly fluid situation. While the state has permitted some businesses to reopen, including ours, the risks posed by coronavirus remain. While we have taken steps to keep you and our other members healthy and safe while being in our studio, unfortunately, we cannot guarantee that one of our members will not become ill with coronavirus. This being the case, it’s important to know that your choice to return to the studio is at your own risk – you assume all risk and liability associated with coronavirus infection. We are asking all members to sign their acknowledgement to a special “coronavirus release” which we will require prior to entering the studio. Of course, we would love seeing all of our members as soon as possible – the time away has been difficult, to be sure – but if you’re not comfortable returning to the studio right now, or you’re concerned about exposure to the coronavirus, the best practice would be to remain at home.
ASSUMPTION OF RISK AND RELEASE OF LIABILITY RELATING TO CORONAVIRUS / COVID-19 (this “Agreement”) Coronavirus (COVID-19) has been declared a worldwide pandemic by the World Health Organization. Coronavirus is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state and local governments and federal and state health agencies recommend physical distancing and have, in many places, prohibited the assembly of large groups (usually of 10 or more).
You acknowledge that Stretch Reset has put in place certain “coronavirus rules,” and taken certain preventative measures, to reduce the spread of coronavirus within the facility; however, Stretch Reset cannot guarantee that you, your guests or your family will not be exposed to or become infected with coronavirus. You understand that by accessing the studio, you may be putting you, your guests and/or your family at increased risk for contracting coronavirus. You further acknowledge that individuals with health conditions such as heart disease, cancer or diabetes may be more likely to suffer more severe symptoms as a result of contracting the coronavirus.
By submitting below, you (referred to below as “I”) understand, acknowledge and agree to the following statements:
§ I assume the risk that I, my guests and/or my child(ren) may be exposed to or become infected with coronavirus and the such exposure and/or infection may result in personal injury; illness, causing mild symptoms such as, fever or body aches, or more severe complications, such as pneumonia or organ failure; permanent disability or death; and
§ I understand that the risk of exposure to or infection with coronavirus may result from the acts, omissions, or negligence or myself or others, including but not limited to, the employees, owners and other members of Stretch Reset; and
§ I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself, my guests or my family (including, but not limited to, personal injury, disability or death), illness, damage, loss, claim, liability or expense (including medical bills, attorneys’ fees and court costs), or any kind, that I, my guests or my family may experience or incur in connection with my access to the studio or participation in the services provided by Stretch Reset (collectively, “Claims”); and
§ I hereby release, covenant not to sue, discharge and hold harmless STRETCH RESET, and each’s employees, agents, owners, representatives, and affiliates (collectively “Releasees”), of and from all Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or related to my access to the studio or participation in the services provided by Stretch Reset, whether arising out of the negligent or grossly negligent acts or omissions of any Releasee or otherwise, and whether any coronavirus infection or exposure occurs before, during or after access to the studio or participation in any of the services provided by Stretch Reset; and
§ I understand that by submitting this release, I am waiving any and all Claims, including those Claims that may be unknown to me, or which I do not suspect to exist at this time. IF I AM A RESIDENT OF CALIFORNIA, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
§ I understand and agree that this Agreement shall be in addition to, and not in lieu of, any other assumption of risk provisions or releases of liability as may be found in my membership agreement, and that such assumption of risk and releases of liability provisions remain fully intact.
§ If any provision of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court or arbiter declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in this Agreement. Releasees are third-party beneficiaries to this Agreement and shall have the right to enforce this Agreement as if Releases were a party hereto.
§ I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT, HAVE BEEN GIVEN THE OPPORTUNITY TO REVIEW ITS TERMS WITH MY LEGAL COUNSEL, AND AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF THE ACTIVITIES.
