COVID-19 Waiver of Liability, Disclaimer and Indemnity Agreement
COVID-19 Waiver of Liability, Disclaimer and Indemnity Agreement
This Waiver of Liability, Disclaimer, and Indemnity Agreement (this “Agreement”) is made by the participant (“Participant”), the Guardian (as applicable), and USA FIT, LLC (“USA FIT”).
In consideration of the right to participate in the event offered by USA FIT (the “Program”), and for other good and valuable consideration, the sufficiency of which is hereby acknowledged by Participant, Participant agrees to the following terms and conditions:
Participant agrees that Participant will immediately notify USA FIT via email at info@usafit.com if participant is diagnosed with COVID-19, if Participant participated in the Program in the fourteen (14) days immediately preceding the test which resulted in the positive diagnosis.
Participant acknowledges the contagious nature of Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
Participant further acknowledges that USA FIT, LLC cannot guarantee that Participant will not become infected with Coronavirus/COVID-19, or any other communicable disease. Participant understands that the risk of becoming exposed to and/or infected by Coronavirus/COVID-19 may result from the actions, omissions, or negligence of Participant and others, including, but not limited to, USA FIT, LLC staff and other USA FIT, LLC members and their families.
Participant voluntarily seeks services provided by USA FIT, LLC and acknowledges that Participant is risking potential exposure to Coronavirus/COVID-19. Participant acknowledges that Participant must comply with all set procedures to reduce the spread while participating in any USA FIT, LLC program.
Participant attests that:
- I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell, or any other symptom of COVID-19 as identified by the Centers for Disease Control (“CDC”).
- I have not traveled internationally or out of state within the last 14 days.
- I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
- If I was previously diagnosed with COVID-19 and exhibited symptoms, I meet the following CDC criteria for discontinuing home isolation:
- At least 14 days have passed since symptom onset; and
- At least 24 hours have passed since resolution of fever without the use of fever-reducing medication; and other symptoms have improved.
- If I was previously diagnosed with COVID-19 but never developed symptoms, at least 14 days have passed since the date of my positive diagnosis.
- I agree that I will immediately notify USA FIT via email at info@usafit.com if I am diagnosed with COVID-19, if I participated in the Program in the fourteen (14) days immediately preceding the test which resulted in the positive diagnosis
- I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
PARTICIPANT ACKNOWLEDGES THE INHERENT RISKS INVOLVED IN PARTICIPATION IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO BODILY INJURY, SICKNESS, DISEASE, AND DEATH. PARTICIPANT ALSO ACKNOWLEDGES THAT PARTICIPATION IN THE PROGRAM IS POTENTIALLY DANGEROUS AND THAT THE TYPE OF INJURY OR DAMAGE DESCRIBED ABOVE CAN OCCUR WHILE PARTICIPATING IN THE PROGRAM. PARTICIPANT ALSO ACKNOWLEDGES THE RISK OF CONTRACTING THE VIRUS THAT CAUSES COVID-19 ASSOCIATED WITH PARTICIPATION IN THE PROGRAM. PARTICIPANT HEREBY ACKNOWLEDGES THAT THE PARTICIPANT’S PARTICIPATION IN THE PROGRAM IS DONE WITH FULL KNOWLEDGE AND DISCLOSURE OF THE RISKS AND DANGERS ASSOCIATED WITH SUCH PARTICIPATION. PARTICIPANT SHALL COMPLY (AND SHALL CAUSE ANY GUESTS, INVITEES, OR LICENSEES OF PARTICIPANT TO COMPLY) WITH USA FIT’S RULES, GUIDELINES, AND POLICIES, AND ANY LOCAL OR FEDERAL GUIDANCE OR RULES GOVERNING PARTICIPANT’S (AND PARTICIPANT’S GUESTS’, INVITEES’, AND LICENSEES’) PARTICIPATION IN THE PROGRAM.
PARTICIPANT HEREBY ASSUMES ALL RESPONSIBILITY FOR AND ALL RISK OF DAMAGE OR LOSS OF ANY KIND, INCLUDING BUT NOT LIMITED TO BODILY INJURY, SICKNESS, DISEASE, DEATH, AND DAMAGES OF ANY KIND (COLLECTIVELY, “DAMAGE”), SUSTAINED BY PARTICIPANT OR ANY OTHER PARTY ARISING OUT OF OR RELATING TO PARTICIPANT’S (OR PARTICIPANT’S GUESTS’, INVITEES’, OR LICENSEES’) PARTICIPATION IN THE PROGRAM. THIS ASSUMPTION OF RESPONSIBILITY AND RISK INCLUDES (WITHOUT LIMITATION) SUCH DAMAGE CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY OF: USA FIT AND ANY OF USA FIT’S OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, ORGANIZERS, CONTRACTORS, AND SUBCONTRACTORS OF ANY TIER, SISTER AND PARENT COMPANIES, SUBSIDIARIES, AND INTERRELATED COMPANIES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”). PARTICIPANT ACKNOWLEDGES THAT INDEMNIFIED PARTIES ARE NOT INSURERS AND THAT PARTICIPANT ASSUMES ALL RISKS FOR PERSONAL INJURY, LOSS, DAMAGE, OR DEATH, INCLUDING PERSONAL PROPERTY LOSS OR DAMAGE, AND PARTICIPANT FURTHER ACKNOWLEDGES THAT THE INDEMNIFIED PARTIES HAVE MADE NO REPRESENTATIONS OR WARRANTIES, NOR HAS THE PARTICIPANT RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE SAFETY OF THE PROGRAM.
PARTICIPANT ACKNOWLEDGES THAT IT IS PARTICIPANT’S RESPONSIBILITY TO CONSULT WITH A PHYSICIAN BEFORE PARTICIPATING IN THE PROGRAM. PARTICIPANT REPRESENTS AND WARRANTS TO THE INDEMNIFIED PARTIES THAT PARTICIPANT IS SUFFICIENTLY HEALTHY AND PHYSICALLY ABLE TO PARTICIPATE IN THE PROGRAM AND ENGAGE IN RELATED PHYSICAL ACTIVITIES. PARTICIPANT REPRESENTS AND WARRANTS TO THE INDEMNIFIED PARTIES THAT PARTICIPANT WILL NOT PARTICIPATE IN THE PROGRAM FOR A PERIOD OF FOURTEEN (14) DAYS IF PARTICIPANT OR SOMEONE WITH WHOM PARTICIPANT RESIDES HAS OR IS SUSPECTED OF HAVING COVID-19 OR HAS BEEN EXPOSED TO SOMEONE WHO HAS OR IS SUSPECTED OF HAVING COVID-19.
PARTICIPANT SHALL INDEMNIFY, PROTECT, HOLD HARMLESS, AND DEFEND (ON DEMAND) THE INDEMNIFIED PARTIES FOR, FROM, AND AGAINST ALL CLAIMS (INCLUDING WITHOUT LIMITATION CLAIMS BROUGHT BY PARTICIPANT OR BY ANY GUESTS, INVITEES, OR LICENSEES OF PARTICIPANT) LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING ATTORNEYS’ FEES (COLLECTIVELY, “CLAIMS”) IN EACH CASE WHICH ARISE OUT OF OR RELATE TO THE PARTICIPATION IN THE PROGRAM BY PARTICIPANT OR ANY GUESTS, INVITEES, OR LICENSEES OF PARTICIPANT. THIS COVENANT TO INDEMNIFY, HOLD HARMLESS, AND DEFEND INCLUDES (WITHOUT LIMITATION) CLAIMS CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE INDEMNIFIED PARTIES’ OWN NEGLIGENCE, REGARDLESS OF WHETHER SUCH NEGLIGENCE IS THE SOLE, JOINT, COMPARATIVE OR CONTRIBUTORY CAUSE OF ANY CLAIM.
Miscellaneous. This Agreement constitutes the entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement or the application thereof to any party or circumstance is held invalid, illegal, or unenforceable to any extent, then the remaining terms and provisions and their application to other parties or circumstances will not be affected thereby and will be enforced to the greatest extent permitted by law. This Agreement is binding on and will inure to the benefit of USA FIT and Participant and their respective successors and assigns. All matters arising out of or relating to this Agreement will be governed by and construed in accordance with the internal laws of this state, excluding any conflict-of-laws rule or principle that might refer the governance or the construction of this Agreement to the laws of another jurisdiction. Any claim or cause of action arising under this Agreement may be brought only in the state courts located in this county and I hereby consent to the exclusive jurisdiction of such courts.
PARTICIPANTS 18 YEAR OF AGE OR YOUNGER:
THE UNDERSIGNED GUARDIAN (“GUARDIAN”), SIGNING ON BEHALF OF THE PARTICIPANT THAT IS 18 YEARS OF AGE OR YOUNGER IS A PARENT OR LEGAL GUARDIAN OF THE PARTICIPANT. AS A CONDITION OF THE PARTICIPANT’S PARTICIPATION IN THE PROGRAM, GUARDIAN SHALL, TO THE FULLEST EXTENT PERMITTED BY LAW, INDEMNIFY, HOLD HARMLESS, AND DEFEND (ON DEMAND) THE INDEMNIFIED PARTIES FROM, FOR, AND AGAINST ALL CLAIMS (INCLUDING WITHOUT LIMITATION CLAIMS BROUGHT BY THE PARTICIPANT AND ANY GUESTS, INVITEES, OR LICENSEES OF GUARDIAN) IF SUCH CLAIMS ARISE OUT OF OR RELATE TO PARTICIPANT’S PARTICIPATION IN THE PROGRAM (THE “GUARDIAN INDEMNIFIED CLAIMS”). THIS COVENANT TO INDEMNIFY, HOLD HARMLESS, AND DEFEND INCLUDES (WITHOUT LIMITATION) CLAIMS CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE INDEMNIFIED PARTIES’ OWN NEGLIGENCE. FURTHERMORE, THE GUARDIAN SHALL NOT COMMENCE OR MAINTAIN ANY GUARDIAN INDEMNIFIED CLAIMS AGAINST ANY OF THE RELEASED PARTIES.
