NORTON WELLNESS, LLC
WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
By signing this Waiver of Liability, Assumption of Risk and Indemnity Agreement (hereafter "Agreement") and in order to participate in any of the activities related to Norton Wellness, LLC, its training and program(s) including but not limited to any group or individual, child or adult work-out, fitness, indoor and outdoor exercise, sports or sporting event(s), water activities, challenge course(s), ropes or exercise equipment activity (collectively referred to herein as "Fitness Modules"), I, my child or children, my or child's or children's heirs and/or personal representatives, hereby release, waive, and discharge Norton Wellness, LLC, its employees, directors and volunteers from any and all legal claims or claims of liability related thereto, including any negligence of Norton Wellness, LLC, its employees, directors and volunteers, resulting in death, personal injury, accident(s), transfer of communicable diseases(s) or other illness and/or any property loss arising from, but not limited to, participation in any Norton Wellness, LLC activity or Fitness Modules.
Participation in Norton Wellness, LLC activities and Fitness Modules carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injury. Risks are specific to one activity or another and can range from a) minor injuries (e.g. scratches, cuts, fractures or bruises), b) major injuries (e.g. loss of limb, eye injuries and/or loss of sight), to c) catastrophic injuries (e.g. paralysis and death).
BY MY SIGNATURE BELOW, I CONFIRM THAT I KNOW, COMPREHEND AND ACKNOWLEDGE THE RISKS INHERENT TO THE ACTIVITIES OF NORTON WELLNESS, LLC, INCLUDING ALL FITNESS MODULES. I ASSERT THAT MY OR MY CHILD'S PARTICIPATION IN THESE ACTIVITIES IS VOLUNTARY AND THAT I KNOWINGLY ASSUME ALL THE RISKS ASSOCIATED WITH SUCH ACTIVITIES. I THEREFORE UNDERSTAND THAT SIGNING THIS AGREEMENT OBLIGATES ME TO INDEMNIFY THE PARTIES NAMED HEREIN FOR ANY LIABILITY OR INJURY OR DEATH OF ANY PERSON AND/OR DAMAGE TO PROPERTY CAUSED BY NORTON WELLNESS, LLC, OR BY MY/MY CHILD'S ACT OR OMISSION. I FURTHER ACKNOWLEDGE AND ASSUME ALL INHERENT RISKS ASSOCIATED WITH CONTRACTION OF COVID-19 BY ME OR MY CHILD AS A RESULT OF PARTICIPATING IN ALL ACTIVITIES OF NORTON WELLNESS, LLC, INCLUDING BUT NOT LIMITED TO ANY AND ALL FITNESS MODULES OR RELATED PROGRAMS.
I warrant that I possess the actual legal power, right and authority to make and enter into this Agreement and with my signature below I agree that this Agreement is intended to be as inclusive and broad as permitted by Georgia law, as well as local code or federal law.
By signing this Agreement, I confirm that I have read the entirety of this document, its waiver of liability, assumption of risk, and indemnity provisions, and fully understand the terms herein. I understand that I am giving up substantial rights, including my right to file a lawsuit. I acknowledge that I am signing this Agreement voluntarily, and with my signature I supply a complete and unconditional release of all liability to the greatest extent allowed by law.
Should any provision of this Agreement be held unenforceable or invalid for any reason, the remaining provisions shall be held valid and enforceable. Should any court find that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. In the event any aspect of this Agreement is held unenforceable, the court is empowered to modify this Agreement to give the broadest possible interpretation allowable under Georgia law, local code or federal law.
Any lawsuit or legal proceeding arising out of this Agreement in any way whatsoever shall be exclusively brought and litigated in the federal and state courts of Georgia. By my signature below, I expressly consent and submit to this exclusive jurisdiction and venue. I further expressly consent to the dismissal of any lawsuit brought in any other jurisdiction or venue.
This Agreement contains the entirety of, and supersedes any prior oral or written understanding or statement made between the undersigned and Norton Wellness, LLC.