I (on behalf of myself, and my minor children, heirs, executors, administrators, assigns and co-occupants) (collectively referred to as “I”, “me”, or “my”), understand that I am signing this waiver and indemnification (this “Waiver”) to engage in teaching and/or training others in fitness-related exercises, activities and/or workout classes, and/or permitting my access to the Premises, and/or any support services or activities related thereto (hereinafter defined) (collectively the “Activities”) in space(s) I license or have permission to access from SQ.FIT LLC, a California limited liability company at any location where the Activities may take place, which may change from time to time (the “Premises”). I have voluntarily chosen to participate in the Activities.
In consideration of the permission to participate in the Activities, I hereby agree to the following:
Acknowledgements of Risks: I understand and acknowledge that the Activities in which I am about to voluntarily engage bear certain known risks and unanticipated risks that could result in PHYSICAL OR MENTAL INJURY, DEATH, ILLNESS, DISEASE OR DAMAGE to me and/or my property. I understand and acknowledge those risks may result in claims against Releasees (as defined in Section 3 herein). However, I am making the informed choice to VOLUNTARILY AND KNOWINGLY ASSUME AND ACCEPT ANY RISKS ASSOCIATED WITH THESE ACTIVITIES in order to participate in the Activities. I further acknowledge that I will only participate in the Activities when in good physical and mental health, and not suffering from any condition, disease, or disablement which would or could potentially increase or otherwise affect any risks in my participation of this Activities.
Insurance. I will at all times while performing the Activities carry professional liability insurance (and/or any other insurance as commonly carried by others in my profession) and provide proof of the same to SQ.FIT LLC.
Release: I (on behalf of myself, and my minor children, heirs, executors, administrators, assigns and co-occupants), release, acquit and forever discharge SQ.FIT LLC, and its owners, related companies, parent companies, subsidiaries, successors, assigns, and affiliates and each of their employees, agents, members, managers, officers, property managers, directors, attorneys, consultants and independent contractors, and their respective successors and assigns, and anyone authorized by any of them, (collectively “Releasees”) from any and all past, present, or future claims, demands, losses, costs, injuries, obligations, liabilities, actions, orders, penalties, proceedings, suits, and any expenses (including attorneys' fees) and causes of action of any, including but not limited to any of Releasees’ negligence, whether constituting property damage, personal injury or any other type or category of damage, anticipated or unanticipated, known or unknown, (collectively “Claims”) arising out of or relating to my participation in the Activities at the Premises and/or at any other location; arising out of any copyright, trademark, or intellectual property laws or violations; or arising out of this Waiver. I agree to not make any demand on any released Claims. I have had counsel independently review this document, or have waived the right to do so, and am not relying on advice, legal or otherwise, from Releasees or any persons or entities affiliated with Releasees
Indemnification: I (on behalf of myself, and my minor children, heirs, executors, administrators, assigns and co-occupants) shall indemnify and hold harmless Releasees against and from any claims arising from or related to my participation in the Activities in any way, any use of the Premises, any copyright, trademark, or intellectual property infringement, or from any activity, work, or thing done, permitted or suffered by me in or about the Premises. I shall further indemnify and hold harmless Releasees against any and all claims arising from my breach of default in the performance of any obligation on my part to be performed under the terms of this Waiver, or arising from any act, neglect, fault, negligence or omission of Releasees, or of its agents or employees, from and against all costs, attorneys' fees, expenses and liabilities incurred in or about such claim or any action or proceeding brought thereof. If any action or proceeding be brought against Releasees by reason of any such claim, I, upon notice from any of the Releasees, shall defend such Releasees at my expense by counsel reasonably satisfactory to such Releasees. All Indemnification and/or waiver of Releasees pursuant to this Waiver shall survive any termination or expiration of this Waiver or any licensing agreement between me and SQ.FIT LLC.
Entire Waiver and Severability: I understand that this Waiver is the entire agreement between myself and SQ.FIT LLC, and that it cannot be modified or changed in any way by the representations or statements by myself or SQ.FIT LLC. I understand that this Waiver is severable and that if any clause is found to be invalid, the remaining clauses of this Waiver will remain in effect and will be valid and enforceable. I agree that any action or dispute arising out of this Waiver that I initiate will be subject and be determined according to the laws of the State of California, and will be brought in a court in any court of competent jurisdiction in the San Diego County, California.
Presumptions: I understand this Waiver shall not be construed for or against myself or SQ.FIT LLC, but shall be given reasonable interpretation in accordance with the plain meaning of its terms and the intent of the parties.
COVID-19 WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
In consideration for receiving permission to teach and/or engage in fitness-related exercises, activities and/or workout classes (collectively the "Activities"), and/or accessing any location where the foregoing may take place, which may change from time to time in a space(s) I license and/or have permission to access by SQ.FIT LLC, a California limited liability company (the “Premises”), 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:
1. 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 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 and adhering to the most recent updates and state and county orders.
2. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in Activities.
3. I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the Premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children from whom I have the capacity contract) SQ.FIT LLC, and its owners, related companies, parent companies, subsidiaries, successors, assigns, and affiliates and each of their employees, agents, members, managers, officers, property managers, directors, attorneys, consultants and independent contractors, and their respective successors and assigns, and anyone authorized by any of them, (collectively “Releasees”) from any liability related to COVID-19 which might occur as a result my being on the Premises and participating in the Activities.
4. 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 of in-house or outside counsel and 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.
5. 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 contained herein shall be construed, interpreted and controlled according to the laws of the State of California. 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 Wavier 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.