In consideration of being permitted by Pure Skill Fitness LLC, a Florida Limited Liability Company, (hereinafter "Pure Skill Fitness") to participate in its personal training, physical fitness class, and wellness programs, I (the undersigned) hereby waive, release, and discharge any and all claims for damages or personal injury, death, or property damage which I may have or which may hereafter accrue as a result of my participation in said activity. This release is intended to discharge Pure Skill Fitness LLC, as well as all of its Members or shareholders and members of its personal training staff and contractors, whether contracted or employed, from and against any and all liability arising out of or connected in any way with any participation in said activity.
Participation in the physical fitness and personal training classes carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries.
THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF (1) EQUIPMENT BELONGING TO PURE SKILL FITNESS OR TO MYSELF THAT MAY MALFUNCTION OR BREAK; (2) ANY SLIP, FALL, DROPPING OF EQUIPMENT; (3) AND/OR NEGLIGENT INSTRUCTION OR SUPERVISION.
I have been informed of, understand, and am aware that any exercise program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity. I also have been informed of, understand, and am aware that any exercise and/or fitness activities involve a risk of injury, as well as abnormal changes in blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability, or death, and that I am voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding, and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury, regardless of severity, or death.
I have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program or initiating a substantial change in the amount of regular physical activity performed. If I have chosen not to obtain a physician’s consent prior to beginning this fitness program with Pure Skill Fitness, I hereby agree that I am doing so solely at my own risk. In any event, I acknowledge and agree that I assume the risks associated with any and all fitness-related activities and/or exercises in which I participate.
I understand that participating in the physical fitness and personal training classes/sessions provided by Pure Skill Fitness may include certain activities that are of a hazardous nature and/or include physical and/or strenuous activity, that serious accidents occasionally occur during the above activity; and that I, as a participant in the activities, can occasionally sustain personal injuries as a consequence thereof. Knowing the risks involved, nevertheless, I have voluntarily applied to participate in said activity, and I hereby agree to assume any and all risks of injury or death and to release and hold harmless Pure Skill Fitness, its members, as well as all members of its staff, whether contracted or employed, who might otherwise be liable to me.
I further understand and agree that this hold harmless, waiver, release, and assumption of risks is to be binding on me, my heirs and assigns.
I further agree to indemnify and to hold Pure Skill Fitness as well as all members of its staff, whether contracted or employed, free and harmless from any loss, liability damage, cost, or expense which they may incur as a result of any injury that I may sustain while participating in the class or personal training session.
ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. The State of Florida has declared a public health emergency as a result of COVID-19. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Pure Skill Fitness LLC (collectively, "PSF") has instituted preventative measures to reduce the spread of COVID-19. Notwithstanding such preventative measures, PSF cannot guarantee that you or minor will not become infected with COVID-19. Further, attending PSF classes could increase your or your minor’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I or minor may be exposed to or infected by COVID-19 by attending PSF classes and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
I attest that:
• I or minor am not experiencing any symptoms of illness such as cough, shortness of breath, difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
• I do not believe I or minor have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19 in the past 14 days.
• I am following all CDC-recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
RED-LIGHT INFRARED SAUNA AND COLD PLUNGE CONSENT
Health Declarations:
• Pregnancy: I am not currently pregnant. I understand that if I become pregnant, I should consult with my physician before using the red-light infrared sauna or cold plunge as excessive body temperatures have a potential for causing fetal damage during the early days of pregnancy.
• Medications: I am not currently taking any medications that may impair my body's natural heat loss mechanisms or inhibit sweating. I understand that certain medications may affect my ability to safely use the red-light infrared sauna or cold plunge.
• Medical Conditions: I do not have any medical conditions that may limit or prevent my ability to sweat (e.g., anhidrosis).
• Cardiovascular Health: I do not have unstable angina, have not had a recent heart attack, and do not have peripheral artery disease. I understand that individuals with cardiovascular conditions should consult their physician before using the red-light infrared sauna or cold plunge. I do not have a pacemaker. I understand that metal may reflect infrared waves and could be affected by the sauna's magnets, and I should consult my physician prior to use.
• Alcohol and Substance Use: I have not consumed alcohol or drugs prior to this session. I understand that the use of alcohol or drugs before or during the red-light infrared sauna and/or cold plunge session may lead to dizziness or unconsciousness.
Usage Guidelines:
• Consult your physician if you are in doubt of your ability to use the red-light infrared sauna or cold plunge for health reasons.
• No one under the age of 18 is permitted in the red-light infrared sauna or cold plunge unless accompanied by a supervising adult and approved by one of Pure Skill Fitness’s operators.
• Discontinue the use of the red-light infrared sauna or cold plunge if you feel light-headed, dizzy, or heat exhausted.
• Sauna sessions should be limited to no more than 45 minutes, and temperatures must stay below 150 degrees Fahrenheit.
• Plastic water bottles are not permitted in the red-light infrared sauna.
Assumption of Risks:
I acknowledge and assume all risks associated with the use of the red-light infrared sauna and cold plunge, including the possibility of severe injury or death. These risks may arise from my own actions, the actions of others, or the condition of the equipment or facility.
Release of Liability:
I, on behalf of myself and my heirs, release and hold harmless Pure Skill Fitness, its officers, agents, employees, and any associated third parties from any claims or liabilities for injury, disability, death, or property damage arising from my participation in the red-light infrared sauna and/or cold plunge sessions.
PHOTO/VIDEO/AUDIO RELEASE
By signing below, I fully understand and consent that I may be photographed, video-taped, or audio-taped while at Pure Skill Fitness. I hereby surrender all rights to such photos, videos, or audio recordings and understand that Pure Skill Fitness may or may not choose to use these photos or videos for media or promotional use now or in the future and that I am not entitled to any compensation for the use of same. I understand that if the photos or videos are used, it will be done so in a tasteful and respectful manner.
FINAL AGREEMENT
I HEREBY VOLUNTARILY AND IRREVOCABLY AGREE TO ASSUME ALL OF THE FOREGOING RISKS AND ACCEPT SOLE RESPONSIBILITY FOR ANY INJURY TO MYSELF OR MINOR (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DISABILITY, AND DEATH), ILLNESS, DAMAGE, LOSS, CLAIM, LIABILITY, OR EXPENSE (INCLUDING, WITHOUT LIMITATION, MEDICAL EXPENSE), OF ANY KIND, THAT I OR MINOR MAY EXPERIENCE OR INCUR IN CONNECTION WITH MY AND MINOR’S ATTENDANCE AT PSF OR PARTICIPATION IN PSF PROGRAMMING (COLLECTIVELY, "CLAIMS").
ON MY BEHALF, AND ON BEHALF OF MY MINOR, I HEREBY RELEASE, COVENANT NOT TO SUE, DISCHARGE, AND HOLD HARMLESS PSF, ITS EMPLOYEES, STAFF MEMBERS, INDEPENDENT CONTRACTORS, AGENTS, DIRECTORS, OFFICERS, VOLUNTEERS, AND REPRESENTATIVES, OF AND FROM THE CLAIMS, INCLUDING ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING OUT OF OR RELATING THERETO. I UNDERSTAND AND AGREE THAT THIS RELEASE INCLUDES ANY CLAIMS BASED ON THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF PSF, ITS EMPLOYEES, STAFF MEMBERS, INDEPENDENT CONTRACTORS, AGENTS, AND REPRESENTATIVES, WHETHER A COVID-19 INFECTION OCCURS BEFORE, DURING, OR AFTER PARTICIPATION IN ANY PSF PROGRAM.
BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS HOLD HARMLESS AGREEMENT, WAIVER, AND RELEASE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND PURE SKILL FITNESS LLC AND ANY STAFF MEMBER OF PURE SKILL FITNESS WHETHER CONTRACTED OR EMPLOYED. I acknowledge that I am signing the agreement freely and voluntarily, am over the age of 18, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.