FOR VALUE RECEIVED, I do hereby release, waive, discharge, and covenant not to sue, and indemnify, defend and hold harmless EQ2, LLC dba (The) 24/7 Gym, its owners, officers, members, managers, employees, subcontractors, affiliates, volunteers, and agents ("Indemnified Parties") from claims, liabilities, suits, damages, costs and expenses (including without limitation reasonable attorney`s fees and costs) resulting from damage to, loss of, or theft of personal property, claims resulting from use of facilities, premises or equipment provided by any of the Indemnified Parties and resulting from personal injury (including death) from accidents or illness arising directly or indirectly from activities provided, directed, suggested, or planned by any of the Indemnified Parties.
I do hereby completely assume the inherent risks associated with the use of facilities, premises or equipment provided by the Indemnified Parties. I acknowledge that fitness and conditioning activities, by their very nature, carry with them certain inherent risks that cannot be eliminated regardless of the care an individual may take to avoid them.
I understand that some fitness and conditioning activities involve strenuous exertions using various muscle groups, sometimes involving quick movements with rapid speed and change of direction, while others involve sustained physical activity that place stress on the cardiovascular system. In addition, many activities will involve heavy equipment and/or complex machines that have the potential of malfunctioning or causing serious injury, including death.
I further acknowledge that the risks associated with fitness and conditioning activities include, without limitation:
(1) Minor injuries such as scratches, bruises, muscle strains, and sprains
(2) Although rare, major injuries such as ligament damage, broken bones, joint or back injuries, concussions, and heart attacks; and
(3) Although extremely rare, catastrophic injuries including partial or full paralysis and death.
AMENDMENT TO STANDARD WAIVER
In light of the recent COVID-19 pandemic, we are taking advanced measures to ensure the safety of our members and staff. We are adapting guidelines set forth by the Colorado Department of Public Health, the Governor of the State of Colorado, and the Gunnison Public Health Director.
As with any activity, we cannot eliminate all risks completely. Member hereby acknowledges this and assumes any and all risks associated with COVID-19. Member also acknowledges that he/she is not experiencing any sickness or symptoms of COVID-19 and will abide by the revised policies and mitigation protocols required to enter and use the facility.
Member further promises to adhere to revised policies including but not limited to: Wearing face coverings, washing hands upon entry to and departure from the Gunnison 24/7 Gym, keeping at least six-foot distance from one another, (Put an imaginary treadmill or two between yourself and other members) cleaning all touch surfaces before and after use (supplies will be provided) coughing/sneezing into their elbow, and practicing good hygiene.
Member’s also understands that their unique ID (4 digit PIN #) is for their exclusive use only. Member agrees to not facilitate entry to the 24/7 Gym of any other persons either by providing their PIN # or by opening the door for others wishing to gain entry without specific advanced permission from Gym staff.
The undersigned wishes to engage in these activities, and expressly assumes such risks and waives any claim he/she may have against the Gunnison 24/7 Gym or those employed by the Gunnison 24/7 Gym as a result of bodily injury incurred in said activity, including claims that are based on negligence or breach of warranty implied or otherwise. The undersigned further agrees to hold The Gunnison 24/7 Gym and those employed harmless from physical damage to others or from property damage.
This Waiver of Liability, Indemnity, And Assumption of Risk Agreement ("Agreement") shall be binding on me, my heirs, personal representatives, successors, and assigns. I acknowledge that I have received, read and do understand the terms and conditions of this Agreement. The exclusive jurisdiction and venue for any dispute regarding this Agreement shall be the County of Gunnison, Colorado, and this Agreement shall be governed by Colorado law.
These standard guidelines for cleaning, sanitation, disinfection and re-opening best practices are based on the information from Center for Disease Control and Prevention (CDC), World Health Organization (WHO), and Arizona Department of Health Services (AZDHS)
Requirements and Attestations:
1. I agree to have my temperature taken before or upon entering the facility. If my temperature is 100.4 degrees or above, I will not enter the club.
2. I agree that I will not visit or use the facility if I am sick or exhibit the signs or symptoms of COVID-19.
3. I confirm I do not have any signs and symptoms related to, and have not been knowingly exposed, to a person diagnosed with COVID-19 or suffering signs and symptoms of COVID-19. If the above status changes, I agree not to visit the facility until I have met the qualifications established by the CDC.
4. I agree to comply with requests from Elev8 Fitness staff to promote a healthy and safe facility for the members, employees, and guests.
5. All members will enter the facility wearing a mask. (CDC requirements of face coverings apply)
6. Per the AZDHS requirements and county or city mask ordinances, Members must should wear a face covering while inside the facility. Members should still maintain 6 feet of physical distancing even while wearing a face covering. Please be respectful to our staff as they enforce these requirements.
7. I agree to keep 6 feet between myself and other Members and staff while in the facility.
In light of the COVID-19 pandemic, and in addition to the waiver I originally executed with my Member Agreement, I assume the risk of use of Elev8 Fitness for myself and any minors on the membership under the age of 18. I agree that, in addition to the release contained in my Membership Agreement, by using Elev8 Fitness I assume all risk of contracting a virus or disease, and do hereby release Elev8 Fitness from any liability therefor, even if the result of Elev8 Fitness negligence.
By signing or using any facility after August 26, 2020, I acknowledge and agree to the terms above.