Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
MINOR CHILD WAIVER.
In Consideration of my Minor Child being permitted to use the facilities provided by WarZone Fitness LLC dba RAW GYM WarZone located at 9702 Spring Cypress Road, Suite 125, Spring Texas, 77379, (hereby referred to as "The Gym") I, * * on behalf of myself and all other entities claiming by through or under me, hereby acknowledge and represent that I have inspected and considered the gym premises, equipment and facilities and find and accept the same as being safe and suitable for the purpose of exercising and working out.
I acknowledge that the novel coronavirus (Co-Vid 19) is a global pandemic and that infections have been identified throughout the United States and Internationally, including the State of Texas. I further understand and acknowledge that the President of The United States declared that the outbreak of Co-Vid 19 constitutes a National Emergency and that the State of Texas (in which RAW GYM WarZone is located) itself declared a State of Emergency due to Co-Vid 19.
I understand and acknowledge that WARZONE FITNESS LLC dba RAW GYM WarZone cannot guarantee my or my Minor child’s personal safety or immunity from infection. At this time there is no known vaccine for Co-Vid 19, and the manner by which it is transmitted, and how long it remains on surfaces of any kind or in the air is still not yet definitively known. I fully understand, acknowledge these facts pertaining to the virus and how contracting it may impact my health and that of my Minor Child. I therefore knowingly and voluntarily assume all Risks and Liabilities arising directly or indirectly from him/her participating in any activity at RAW GYM WarZone, (hereinafter referred to as Voluntary Activities) including travelling to and from the gym, entering and exiting the premises, using the equipment, interacting with other members and individuals at or around the gym, and using the facilities within the gym including the restrooms.
With this understanding, I knowingly and voluntarily release WarZone Fitness LLC dba RAW GYM WarZone, including all of its official representatives, employees, directors, officials and owners ( hereinafter referred to as the Releasees) from any and all claims, present and future for any harm, loss, injury or damage, including disease and/or death.
I agree to indemnify and hold harmless and I covenant not to sue the Releasees for any personal injury, medical expenses, disability, loss of capacity, property damage, attorney’s fees, court costs and/or any other losses arising out of or related to any Voluntary Activity undertaken by me, my minor child and all other entities claiming through or under me.
On behalf of my Minor child, I represent and attest that:
1. He/she is not experiencing any symptoms of illness. He/she does not have a fever or cough. He/she is not experiencing any shortness of breath. If he/she develops any of these symptoms or has a suspected or diagnosed case of CoVid-19, I agree that he/she will not enter or be physically present at the facility.
2. I agree that my Minor child will follow any and all safety protocols that have been or will be implemented by WARZONE FITNESS LLC, including those that are posted at the gym, and those that are sent to me electronically, either by email or text message or posted on the gym's website. I understand and acknowledge that these protocols may be changed at any time without notice by WARZONE FITNESS LLC, (dba RAW GYM WarZone), and I agree to comply with any and all changes.
3. I do not believe that my Minor Child has been exposed to a person with a suspected or diagnosed case of CoVid-19.
4. He/she has not been diagnosed with CoVid-19
5. My Minor child will continue to follow all State and Federal Guidelines as far as is possible, including social distancing, wearing a face covering when social distancing is not possible, and limiting exposure to large groups.
6. He/she will not visit or use the gym or any of its facilities or services within 14 days of returning from travel to a highly impacted area which is subject to a CDC Level 3 Travel Notice, or if he/she has been in contact with a person who suspects exposure or has been diagnosed with CoVid-19.
7. I agree to notify WARZONE FITNESS LLC (dba RAW GYM WarZone) if I believe my Minor Child is experiencing symptoms of Covid-19 or if has a suspected or diagnosed case of CoVid-19.
I, * * and my Minor Child fully understand, recognize and appreciate both the known and potential dangers of using the gym, it's facilities, it's services and it's equipment and acknowledge that the use of these despite WARZONE FITNESS LLC's best and reasonable efforts to mitigate these dangers, may result in exposure to CoVid-19 and result in quarantine restrictions, serious illness, disability and/or death.
I further agree and acknowledge that the use of the gym and its facilities and services by my Minor Child involves inherent danger and risk, including but not limited to the risk of physical injury or illness, disability or even death. I HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF INJURY, ILLNESS, BODILY HARM OR DEATH to the abovenamed MINOR CHILD including that due to negligence, active or passive while in, around or about the gym. I acknowledge that any injuries he/she may contract or sustain may be compounded by negligent first aid or emergency responses by 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 as inclusive as is permitted by 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 ON BEHALF OF THE MINOR NAMED HEREIN AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OF INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS DOCUMENT I AM GIVING UP VALUABLE LEGAL RIGHTS INCLUDING THE RIGHT TO RECOVER DAMAGES FORM THE RELEASEES IN THE CASE OF INJURY, ILLNESS, DAMAGES OR DEATH, INCLUDING AND FOR THE AVOIDANCE OF DOUBT, AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AND ANY AND ALL ILLNESSES OR INJURIES RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FROM ALL CLAIMS. IT IS BINDING ON ME, MY HEIRS, FAMILY, REPRESENTATIVES AND ASSIGNS.
I HAVE READ AND UNDERSTAND THE TERMS OF THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT AND BY SIGNING THIS DOCUMENT I AGREE TO ITS TERMS.