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 health status. It is the responsibility of the participant to check their health status and body temperature before exercising with EFF Bootcamp.
Terms and Conditions
Thank you for investing in Explosive Functional Fitness Boot Camp (EFF Bootcamp) training; 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 guidelines for your training time with us.
1)Health Concerns
Prior to, or during the course of your training, health concerns may arise that need further input from your doctor, physiotherapist, or other allied health professionals. You may request assistance from your health care professional before starting EFF workouts. Please obtain that information and let your coach know of your conditions. 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 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 may not be limited to, weight and/or resistance training. In consideration with Explosive Functional Fitness Bootcamp’s agreement to instruct, assist, and train you, you hereby and forever release and discharge and hold harmless Explosive Functional Fitness Bootcamp (PTY) Ltd 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, including any injuries resulting therefrom. You understand and are aware that strength, flexibility, and aerobic exercise, including the use of equipment, is a potentially hazardous activity. You also understand that fitness activities involve a risk of injury and even death and that you are voluntarily participating in these activities and using equipment with knowledge of the dangers involved. You hereby agree to expressly assume and accept any and all risks of injury or death. You further declare that you are physically sound and suffering from no condition that would prevent you from participation or use of equipment. You acknowledge that you have either had a physical examination and have been given Doctors permission to participate, or that you have decided to participate in an activity and use equipment without the approval of your Doctor and do hereby assume all responsibility for your participation and activities, and utilization of equipment in your activities.
You are also aware that EFF Bootcamp may record workouts for later use on television segments, websites, promotional materials, or in any other way they see fit. By signing acceptance of these terms and conditions, you hereby authorize EFF Bootcamp to use your name and likeness, voice, verbal statements, videotaped pictures for any of the aforementioned purposes.
YOU ACKNOWLEDGE THAT YOU HAVE THOROUGHLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. BY WORKING WITH ANY OF EFF BOOTCAMP WORKOUTS INCLUDING IT’S TEAM AND STAFF BOTH ONLINE AND OFFLINE, MEANS YOU ARE WAIVING ANY RIGHT YOUR SUCCESSORS OR YOU MIGHT HAVE TO BRING LEGAL ACTION OR ASSERT A CLAIM AGAINST EXPLOSIVE FUNCTIONAL FITNESS BOOTCAMP (PTY) LTD or EFF Bootcamp Tygervalley (PTY) LTD and/or any of its Staff and/or Instructors.
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 at the Outlet, 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 Outlet is located. I further understand and acknowledge that the President of South Africa declared that the outbreak of COVID-19 in South Africa constitutes a national emergency. Further, the province in which the Outlet is located declared a Province of Emergency because of COVID-19.
I understand and acknowledge that EFF Bootcamp team and staff cannot guarantee my safety or immunity from infection. There is no known vaccination for COVID-19. The mode by which COVID-19 is transmitted or how long it remains on surfaces or in the air is not entirely known. I fully understand, acknowledge, and appreciate these facts and 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 knowingly and voluntarily waive and release EFF Bootcamp outlets, 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, and covenant not to sue, the Releases 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.
3. I do not believe that I have been exposed to a person with a confirmed or suspected case of COVID-19.
4. I have not been diagnosed with COVID-19 and not yet cleared as non-contagious by state or local public health authorities.
5. I am and will continue to follow recommended guidelines as much as possible, including practicing social distancing, trying to maintain separation of six feet/two meters from others, and otherwise limited by exposure to COVID-19.
6. I will not visit or use the Outlet or the Outlet facilities, services and/or programs of the Outlet within 14 days after (i) returning from a highly impacted area subject to a CDC/DOH Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC/DOH Level 3 Travel Health Notice, and/or (iii) exposure to any person who has a suspected or confirmed case of COVID-19. I agree to regularly check the CDC?DOH Travel Health Notices including those listed at the following site: (https://www.cdc.gov/coronavirus/2019-ncov/travelers/index.html)before using the Outlet, attending classes at the Outlet, or otherwise participating in services and/or programs available at the Outlet.
7. 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.
I fully understand and appreciate both the known and potential dangers of using the Outlet, its facilities, equipment, services, and programs and acknowledge that the use thereof by me may, despite EFF Bootcamps reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability and/or death.
I expressly and knowingly waive all rights, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
I agree and acknowledge that use of the Outlet and its facilities and services may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death and/or property damage. I HEREBY ASSUME FULL RESPONSIBILITY FOR AND RISK OF ILLNESS,
BODILY INJURY DEATH OR PROPERTY DAMAGE to me, including due to negligence, active or passive, or otherwise while in, about or upon the premises of the Outlet and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with the Outlet. I acknowledge that any illness or injuries that I contract or sustain may be compounded by negligent first aid or emergency response of the Releasees and I waive any claim in respect thereof.
I further expressly agree that 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 and that if any portion thereof is held invalid, it is agreed that the balance will notwithstanding, continue in full legal force and effect.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE, AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS INCLUDING THE RIGHT TO RECOVER DAMAGES FROM THE RELEASES IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGES, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID -19 AT ANY OUTLET OR PROGRAM AND ALL ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS AND IS BINDING ON ME, MY HEIRS, FAMILY, ESTATE, REPRESENTATIVES, AND ASSIGNS.
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.