Waiver of Liability, Indemnity Agreement and Assumption of Risk
Waiver: In consideration of using the services of Jeni-Fit, LLC, I do hereby forever release, waive, discharge and covenant not to sue Jeni-Fit, LLC (including its members, managers, owners, officers, employees, volunteers and agents) from liability from any and all claims arising from the negligence of Jeni-Fit, LLC or any of the aforementioned parties.
This agreement applies to 1) personal injury (including death) from accidents or illnesses arising out of or resulting directly or indirectly from participation in activities directed, suggested or planned by Jeni-Fit, LLC including but not limited to organized activities, classes, instruction, observation, related activities in a non-supervised setting, and use of facilities, premises, or equipment; and to 2) any and all claims arising out of or resulting from damage to, loss of, or theft of property; and 3) All damages related to COVID-19, including but not limited to; quarantine requirements, serious illness, disability, and/or death.
Indemnification and Hold Harmless: I also agree to hold harmless, defend and indemnify Jeni-Fit, LLC (including its members, managers, owners, officers, employees, volunteers and agents) from all claims (whether initiated by me, my agents, estate or by a third party) for personal injury, quarantine requirements, serious illness, disability, death, and/or property damage arising out of or resulting from my participation in activities directed, suggested or planned by Jeni-Fit, LLC, including, but not limited to, organized activities, classes, instruction, observation, related activities in a non-supervised setting, and the use of facilities, premises or equipment. I further agree to pay all expenses, including court costs and attorneys’ fees, incurred by Jeni-Fit, LLC and the aforementioned parties in investigating and defending a claim or suit arising out of or resulting from my participation in any Jeni-Fit, LLC fitness and conditioning activities.
Assumption of Inherent Risks: Fitness activities carry with them inherent risks that cannot be eliminated regardless of the care the personal trainer/instructor takes to prevent injuries. The fitness program(s) offered by Jeni-Fit, LLC. provide for activities such as weight lifting, walking, jogging, running, stretching and other aerobic activities. Some of these involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction, and others involve sustained physical activity that places stress on the cardiovascular system. In addition, many activities will involve equipment (e.g., barbells, free weights) and complex machines (e.g., treadmills, stepping machines, stationary bicycles)---all of which have the potential of malfunctioning or causing injury. They may also involve exposure to COVID-19.
The risks vary from one activity to another and the risks range from 1) occasionally occurring minor injuries such as scratches, bruises, muscle strains and sprains to 2) rarely occurring major injuries such as ligament damage, broken bones, joint or back injuries, concussions, and heart attacks to 3) the very rare occurrence of catastrophic injuries including paralysis and death. The risks from exposure to COVID-19 range from quarantine requirements, serious illness, disability, and/or death.
I have read the previous paragraphs and I know the nature of the activities at Jeni-Fit, LLC I understand the demands of those activities relative to my physical condition and skill level, and I appreciate the types of injuries or illness that may occur as a result of activities made possible by Jeni-Fit, LLC. I hereby agree and acknowledge that my participation is voluntary and that I knowingly and willingly assume all such risks.
Photo Release Waiver: I hereby grant Jeni-Fit, LLC permission to use my likeness in a photo in any and all publications, including but not limited to, website content and social media posting. I irrevocably authorize Jeni-Fit, LLC to copy, exhibit, publish and/or distribute my photo for purposes of publicizing Jeni-Fit, LLC or for any other lawful purpose. Additionally, I waive the right to inspect or improve the finished product, including written or electronic copy, where my likeness appears and I waive any right to compensation arising from or related to the use of the photo.
Severability and Venue: I further expressly agree that the foregoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the laws of the State of New Jersey and that if any portion hereof is held invalid, it is agreed that the balance shall continue in full legal force and effect. I agree that if legal action is brought, it must be brought in the Superior Court of the State of New Jersey or the United States District Court for the District of New Jersey.
Acknowledgement of Understanding: I have read this waiver of liability, indemnification agreement and assumption of risk and fully understand its terms. I acknowledge that I am giving up substantial rights including my right to sue. I further acknowledge that I am signing the agreement freely and voluntarily and intend my signature to be a complete and unconditional release of liability and assumption of the inherent risks as set forth above. I intend for this waiver, indemnification agreement and assumption of risk to be fully binding on my heirs, successors and/or assigns.