RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT ("AGREEMENT")

Every Fitness Alive, LLC ("Fitness Alive") participant must read, agree to. complete the form and sign this Agreement in order to participate in any Fitness Alive activities. All participants under the age of 18 must have signature of Parent/Guardian.

IN CONSIDERATION of being permitted to participate in any way in Fitness Alive activities, which include swim lessons, swim camps, pool fitness classes, and lap swimming (as applicable, the "Activities"), I, for myself or for my child identified above (as applicable) and our respective representatives, executors, assigns, heirs, and next of kin:

ACKNOWLEDGE, agree, represent and warrant that I understand the nature of Fitness Alive Activities and that my child is and/or I am (as applicable) capable, in good health, and in proper physical condition to participate in such Activities. I understand that there may be additional risks based on my child’s physical condition or my physical condition. I further agree and warrant that if at any time I believe conditions or circumstances to be unsafe, I will immediately discontinue participation. 

FULLY UNDERSTAND THAT: (a) FITNESS ALIVE ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING BUT NOT LIMITED TO ATHLETE’S FOOT, COVID-19, EAR INFECTION (SWIMMER’S EAR), SKIN INFECTION, WATERBORNE DISEASE, DROWNING, DRY DROWNING, LEGIONNAIRE’S DISEASE, PERMANENT DISABILITY, PARALYSIS, AND DEATH ("RISKS"); (b) these Risks and dangers may be caused by my (and/or my child’s) own actions or inaction’s, the actions or inaction’s of others participating in the Activity, the conditions in which the Activity takes place, or THE NEGLIGENCE OF THE "RELEASEES" (defined below); (c) there may be OTHER RISK AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my and/or my child’s participation in the Activity.

HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, OR TAKE OR PROVIDE ASSISTANCE IN ANY ACTION against Fitness Alive, their respective administrators, directors, agents, officers, members, volunteers, and contractors, other participants, and the owner and lessors of premises on which the Activity takes place, (each a "RELEASEE" herein) FROM OR FOR ALL LIABILITY, OBLIGATIONS, CLAIMS, DEMANDS, LOSSES, DAMAGES OR COSTS  INCURRED ON MY OR MY CHILD’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS (TOGETHER, “CLAIMS”) AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, my child or  anyone on my or my child’s behalf, makes a claim against any of the Releasees or violates the other terms hereof, I WILL INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses (including without limitation attorney fees), losses, liabilities, damages, obligations penalties, or other cost which may incur as the result of such claim. This Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns, and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVE, DISCHARGE, and CONVENT NOT TO SUE the above named Releasees.

This Agreement shall be constructed in accordance with the laws of the Commonwealth of Pennsylvania.

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY KIND AND INTEND TO BE LEGALLY BOUND AS A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY AND INDEMNIFICATION TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION HEREOF IS HELD TO BE INVALID, THE INVALID PORTION SHALL BE DEEMED AMENDED TO ACHIEVE ITS INTENDED PURPOSE AS NEARLY AS POSSIBLE OR, IF THAT IS NOT POSSIBLE, REMOVED, WITH THE BALANCE REMAINING  IN FULL FORCE AND EFFECT.

SEPARATE MINOR RELEASE: AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF FITNESS ALIVE ACTIVITIES AND THE MINOR’S HEALTH, EXPERIENCE, AND CAPABILITIES AND BELIEVE THE MINOR TO BE IN GOOD HEALTH, AND IN PROPER PHYSICAL AND MENTAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY(IES). I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, OR PROVIDE ASSISTANCE IN ANY ACTION AGAINST, AND INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE RELEASEE’S FROM ALL LIABILITY CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATION AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNITY, SAVE, DEFEND AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.

PHOTO/VIDEO RELEASE FORM

I, for myself or for my child identified above, consent to allow Every Fitness Alive, LLC (“Fitness Alive”) to photograph, videotape, and/or audio-record my child’s images and/or voices and/or my images and/or voices.

I grant to Fitness Alive, in its sole discretion, the right to use, reproduce, assign, and/or distribute my child’s and/or my images, voice, name, and/or likeness in any media whatsoever for any educational, promotional, and/or commercial purpose, including but not limited to brochures, newsletters, magazines, display boards, electronic publications, websites, social media, and other electronic form or media.

I, for myself or for my child identified above, waive any right to inspect or approve the finished photographs, videos, or electronic matter that may be used now or in the future. I understand that I may not be informed in advance of the specific use of my child’s and/or my image and/or voice.

I understand that no royalties or other compensation will be provided to my child or to me for use of my child’s or my image and/or voice.

I agree to release, defend, and hold harmless Fitness Alive and its agents or employees, including any firm publishing and/or distributing the finished product in whole or in part, whether on paper or via electronic media, from and against any claims, damages, or liability arising from or related to the use of the photographs and/or video, including but not limited to any misuse, distortion, blurring, alteration, optical illusion or use in composite form, either intentionally or otherwise, that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution.

Fitness Alive and its successors and assigns shall own all right, title, and interest, including the copyright, to any such photograph, videotape, and/or audio recording.

I have read and understand the above.