Agreement and Release of Liability
Thank you for choosing to use the programs, activities and services of Fitness320
By agreeing to these terms and conditions you acknowledge that you are the only person using this account and that each person participating in virtual gym has their own account.
I acknowledge that I have either had a physical examination and have been given my physician’s permission to participate, or have decided to participate in group or individual instruction without the approval of my physician and do hereby assume all responsibility for participating in programs, activities, services offered by Fitness320 certified instructors.
I further understand, acknowledge and agree that participating in any athletic, aerobic or fitness activities or events may involve physical and mental exertion and stress that carries with it the potential for death, serious injury, and property loss. The risks include but are not limited to, those caused by my known or unknown medical or physical conditions and limitations, physical and aerobic exertion or straining, physical contact with others, terrain, facilities, temperature, humidity, weather conditions, the condition of or nature of equipment and machinery used, vehicular traffic, the actions or inaction of people, the lack of hydration, among other factors.
I understand that I am exercising at my own risk and if I choose to participate in the virtual gym, I am choosing my own classes and not being forced to participate. I also understand that At any time if something does not feel right, I should stop that activity. I understand that it is recommended that if I have shortness of breath, nausea or light headedness I should stop activity. I understand that a friend or family member should know where and when I am exercising in case of an emergency. Any and all claims will be handled in the jurisdiction of our Fitness320 home office.
I hereby assume all of the risks associated with my participation in the programs, activities and services offered by Fitness320 certified instructors. I do hereby waive, release and forever discharge Fitness320 certified instructors from any and all responsibility or liability for injury, damage, or loss to myself, including death, resulting from my participation in the programs, activities and services of Fitness320 certified instructors.
I further waive, release and forever discharge Fitness320 certified instructors from any and all responsibility or liability for loss, damage, or theft of my property resulting from negligent acts or omissions of any of those mentioned above or others acting upon their behalf.
Fitness320 has put in place preventative measures to reduce the spread of COVID-19; however, Fitness320 cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Fitness320 classes could increase your risk and your child(ren)’s risk of contracting COVID-19.
By clicking 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 attending Fitness320 classes and that such exposure or infection may result in personal injury, illness, permanent disability, or death. I understand that the risk of becoming exposed to or infected by COVID-19 at Fitness320 classes may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Fitness320 employees, certified instructors, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at Fitness320 classes. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Fitness320 employees, certified instructors, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Fitness320 employees, certified instructors, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Fitness320 class.
I grant to Fitness320 and its representatives the right to take photographs of me during workouts and events. I agree that Fitness320 may use such photographs of me, with or without my name for any lawful purpose including for example such purposes as publicity, marketing, advertising or social media postings.
All sales are final, and Fitness320 does not issue refunds or credits for missed classes, purchased classes, or packages.