By signing up for and/or attending classes, events, activities, and other programs and/or using the premises, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of Poise Fitness, LLC and its subsidiaries (collectively: “Poise,” “Poise Fitness”), I hereby understand and acknowledge on behalf of myself, my spouse, my heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in treadmill-use and exercise equipment in association with the Classes and Facilities. I acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. I also understand and acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. I have read and thoroughly understand the Poise Safety Instructions that are posted on Poise’s website (www.poisefitness.com), a hard copy of which was also made available to me by the Poise staff. At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff. If, in the subjective opinion of the Poise staff, I would be at physical risk participating in Poise’s Classes, I understand and agree that I may be denied access to the Classes and Facilities until I furnish Poise with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing Poise’s concerns and, in Poise’s sole and absolute discretion, satisfies Poise’s concerns. In consideration of being allowed to participate in and access the Classes and Facilities, I hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Poise, its direct and indirect parent, subsidiary and/or affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that I (a) have no medical or physical condition that would prevent me from properly using any of Poise’s Classes and Facilities, (b) do not have a physical or mental condition that would put me or others in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. I understand and acknowledge that if I have any chronic disabilities or conditions, I am at risk in using Poise’s Classes and Facilities, and should not be participating in any Classes or using the Facilities. I have read this Assumption of Risk, Waiver, and Release, fully understand its terms, and understand that I am giving up substantial rights including my right to sue Poise under certain circumstances. I acknowledge that I am signing this waiver freely and voluntarily. The term of this waiver is indefinite.
VALUABLES AND PERSONAL PROPERTY: I acknowledge that I have been urged to avoid bringing valuables onto the Facilities and that Poise shall not be liable for the loss of, theft of, or damage to my personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.
Poise reserves the right to deny access to any person Poise deems to be acting in an inappropriate or unsafe manner.
ASSUMPTION OF RISK & WAIVER OF LIABILITY RELATING TO CORONA VIRUS/COVID19: The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 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 social distancing and have, in many locations, prohibited the congregation of groups of people. Poise Fitness and its subsidiaries (collectively: “Poise,” “Poise Fitness”), has put in place preventative measures to reduce the spread of COVID-19; however, Poise Fitness cannot guarantee that you or you will not become infected with COVID-19. Further, attending Poise Fitness could increase your risk of contracting COVID-19. By signing 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 Poise Fitness and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Poise Fitness may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Poise Fitness employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to 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 Poise Fitness or participation in Poise Fitness programming (“Claims”).
On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Poise Fitness, its employees, 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 Poise Fitness, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Poise Fitness class.