PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Edge Performance Systems LLC, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "EPS"), I hereby agree to release, indemnify, and discharge EPS, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in fitness training activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips and falls; collision with fixed objects or people; muscular strains and tears, sprains, cuts, bruises, fractured bones, organ damage, and nerve damage; muscle soreness; musculoskeletal injuries including head, neck, and back; injuries to internal organs; dehydration; permanent disability; the possibility of eye damage or loss of hearing; the failure to work out safely or within one’s own ability or within designated area; the negligence of other participants or persons who may be present; emotional and psychological injuries; my own physical condition, and the physical exertion associated with thisactivity.
Furthermore, EPS employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of therisks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless EPS from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of EPS's equipment or facilities, including any such claims which allege negligent acts oromissions of EPS.
4. Should EPS or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees andcosts.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against EPS, I agree to do so solely in the state of Massachusetts, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against EPS on the basis of any claim from which I have released them herein.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION (Must be completed for participants under the age of 18)
In consideration of
being permitted by EPS to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless EPS from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.
(print minor's name) ("Minor")
Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID- 19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person to person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.
Edge Performance Systems cannot prevent you or your child(ren) from becoming exposed to, contracting, or spreading COV-19 while utilizing Edge Performance Systems services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize Edge Performance Systems services and/or enter onto Edge Performance Systems premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19.
I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in order to utilize Edge Performance Systems services and enter Edge Performance Systems premises. These services are of such value to me (and/or to my children) that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize Edge Performance Systems services and premises in person.
WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against Edge Performance Systems and its owners, officers, directors, managers, officials, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Edge Performance Systems services and premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.
CHOICE OF LAW: I understand and agree that the law of the State of Massachusetts will apply to this contract.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE: