CLIENT WAIVER AND INDEMNITY RELEASE

Please Note: : It is the responsibility of the participant to inform the fitness or health professional of any changes in their health status. It is also the responsibility of the participant to check their health status and body temperature before engaging in any exercise with EFF Bootcamp or Explosive Functional Fitness Bootcamp (Pty) Ltd.

Terms and Conditions
Thank you for investing in EFF Bootcamp; we appreciate your focus and dedication to achieving your goals and look forward to a great training relationship. Please take note of the following terms and conditions that will create the foundation and govern the relationship of your training time with us.

1)Health Concerns

Prior to, or during the course of your training, health concerns may arise that require further input from your doctor, physiotherapist, or other health professional. You are welcome to request assistance from your healthcare professional before starting any EFF workouts. Where you do obtain any information from your healthcare practitioner please let your coach know of any conditions you may have beforehand. If a particular exercise is uncomfortable or painful for you to do or you have an injury, you may stop. Please ensure you have sufficient water during all the training sessions.

2)No Liability / Indemnity

By signing/ticking the box on this registration form, you have volunteered to participate in a program of physical exercise under the direction of EFF Bootcamp and/or its’ staff and/or its instructors which will include, but not be limited to, weight and/or resistance training. In accordance with EFF Bootcamp’s agreement to instruct, assist, and train you, you hereby disclaim and hold harmless EFF Bootcamp and/or its’ Instructors from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with your participation in this or any exercise program facilitated or hosted by EFF Bootcamp, including any injuries resulting therefrom. 

You understand and agree that strength, flexibility, and aerobic exercise, including the use of any exercise equipment, is a potentially hazardous activity. You also understand and agree that fitness activities involve a risk of injury and even death and that you are voluntarily participating in these activities and using the exercise equipment with the knowledge of the dangers involved. 

You hereby agree to expressly assume and accept any and all risks of injury or death and indemnify and disclaim EFF Bootcamp against any such risk. You further declare that you are physically sound and suffering from no condition that would prevent you from participating or using any of the exercise equipment. You acknowledge that you have either had a physical examination and have been given a doctor’s permission to participate, or that you have decided to participate in an activity and use the equipment without the approval of your doctor. In these circumstances you hereby assume all responsibility for your participation in an EFF Bootcamp programme and/or activities and the utilization of any exercise equipment during these programs or activities.

3) Processing of Personal Information

By accepting these terms and conditions, you hereby provide your consent for EFF Bootcamp to record any workout programmes for later use for promotional television segments, websites, promotional materials, or in any other way they see fit. By accepting these terms and conditions, you hereby consent to EFF Bootcamp using your name and likeness, voice, verbal statements, and videotaped pictures for any of the aforementioned purposes.

4) COVID-19 WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

IN CONSIDERATION for being permitted to participate in the EFF Bootcamp physical fitness class provided by EFF Bootcamp coaches, I, on behalf of myself and all persons and entities claiming by, through, or under me hereby acknowledge, agree, and represent that I have inspected and carefully considered the Outlet, the Outlet premises, equipment, and facilities, and I find and accept the same as being safe and reasonably suited for my use and/or participation in classes provided at the Outlet.

I acknowledge that the novel coronavirus (“COVID-19”) is a global pandemic and that infections have been confirmed throughout South Africa and Internationally, including in the province in which the location is located. 

I understand and acknowledge that the EFF Bootcamp team and staff cannot guarantee my safety or immunity from infection. Although there is a known vaccination for COVID-19,  I fully understand, acknowledge, and appreciate the uncertainty of the virus and how it may impact my health. I knowingly and voluntarily assume all risks associated directly or indirectly with participating in any activity at the Outlet, including classes, traveling to and from the Outlet, entering and exiting the Outlet premises, using equipment at the Outlet, interacting with other persons at or around the Outlet, and/or using facilities within the Outlet premises, including restrooms (collectively, the “Voluntary Activity”).

With this understanding, I hereby indemnify and hold harmless (to the fullest extent permitted by law) EFF Bootcamp, and/or their respective directors, officers, employees, volunteers, and agents (collectively, the “Releasees”), from any and all present and future claims of any type, including for any harm or loss, economic loss, personal injury, disease, death and property damage suffered by me. I agree to indemnify and hold harmless (to the fullest extent permitted by law), the Releasees for any personal injury, death, medical expenses, disability, loss of capacity, property damage, court costs, attorneys’ fees, and/or other loss, including arising out of or related, whether directly or indirectly, to any Voluntary Activity.

 

I represent and attest that:

  1. I am not experiencing any symptoms of illness. I do not have a fever or cough and am not experiencing shortness of breath. If I develop any of these symptoms, or if I have a suspected or diagnosed case of COVID-19, I agree that I will not attend or participate in any class at the Outlet, or otherwise enter or be physically present at the Outlet.
  2. I agree to follow any and all safety protocols that have been or will be implemented by EFF Bootcamp, including those that are posted at the Outlet and those that are sent to me electronically including by text message, SMS, and/or email, as well as those posted on the website for the Outlet.

I acknowledge that EFF Bootcamp may change these protocols at any time and I agree to abide by any and all such changes.

  1. I do not believe that I have been exposed to a person with a confirmed or suspected case of COVID-19.
  2. I have not been diagnosed with COVID-19 and not yet cleared as non-contagious by state or local public health authorities.
  3. I am and will continue to follow recommended guidelines as much as possible, including practising social distancing, trying to maintain a separation of six feet/two meters from others, and otherwise limited by exposure to COVID-19.
  4. I agree to notify the coach immediately if I believe that I am experiencing any symptoms of COVID-19 and/or if I have a suspected or diagnosed case of COVID-19.

 

The foregoing COVID-19 WAIVER OF LIABILITY, ASSUMPTION OF RISK, RELEASE AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by applicable law. If any portion hereof is held invalid, it is agreed that the balance will notwithstanding, continue in full legal force and effect.

I HAVE READ AND UNDERSTAND THE TERMS OF THIS ASSUMPTION OF RISK, RELEASE, AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT AND AGREE TO ITS TERMS.