AGREEMENT OF RELEASE, ASSUMPTION OF RISK AND WAIVER OF LIABILITY
GMF Solutions, LLC dba
Get Movin' Fitness & Nutrition Solutions
577 Granby Road, South Hadley, MA 01075
This agreement is between GMF Solutions, LLC dba as Get Movin' Fitness & Nutrition Solutions, it's staff and any ZUMBA® Instructors and group exercise coaches, who may be conducting classes as appointed by Get Movin' Fitness & Nutrition Solutions and the individual whose name is printed and signed below:
I, (the individual whose name is printed and signed below), hereby agree to the following:
1. I am participating in live and/or virtual ZUMBA® Fitness classes or other Group Fitness Class offered by a ZUMBA®instructor or group exercise coach. I recognize that all live and virtual Group Fitness classes require physical exertion that may be strenuous and may cause physical injury, including death, and I am fully aware of the risks and hazards involved. 2. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in live and virtual ZUMBA® Fitness and other classes. I represent and warrant that I am physically fit and I have no medical condition that would prevent my full participation in both live and virtual ZUMBA® Fitness and other group exercise classes. 3. In consideration of being permitted to participate in both live and virtual ZUMBA® Fitness classes and other group exercise classes, I agree to assume full responsibility for any risks, injuries or damages (known or unknown), property damage or loss of any kind in which I may incur as a result of participating in live and virtual ZUMBA® Fitness classes and other group exercise classes. 4. In further consideration of being permitted to participate in live and virtual ZUMBA® Fitness classes and other group exercise classes, I knowingly, voluntarily and expressly waive any claim I may have against the authorized Zumba Instructor(s) and other group exercise coaches for any injuries or damages (known or unknown), property damage or loss of any kind, including death that I may sustain as a result of participating in any live and/or virtual ZUMBA® Fitness class and other group exercise classes. 5. This is a legally binding Release, Waiver, Discharge and Covenant Not to Sue (collectively “Release”) the authorized Zumba Instructor(s) and other group exercise coaches for any injury, death, property damage or loss of any kind caused by my voluntary participation in any live and/or virtual ZUMBA® Fitness class and other group exercise classes. This Release, Waiver, Discharge and Covenant Not to Sue is made voluntarily by me, the undersigned Releaser, on my own behalf, and on behalf of my heirs, executors, administrators, and legal representatives. 6. I hereby grant Get Movin' Fitness & Nutrition Solutions, permission to use my likeness in a photograph in any and all of its publications, including website entries, without payment or any other consideration. I understand and agree that these materials will become the property of Get Movin' Fitness & Nutrition Solutions and will not be returned. I hereby irrevocably authorize Get Movin' Fitness & Nutrition Solutions to edit, alter, copy, exhibit, publish or distribute this photo for purposes of publicizing both live and virtual Zumba® fitness or other group exercise programs or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph. I hereby hold harmless and release and forever discharge Get Movin' Fitness & Nutrition Solutions from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. 7. I have read the above release, waiver of liability and assumption of risk, fully understand its contents and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature to be the complete and unconditional release of all liability. I voluntarily agree to the terms and conditions stated above. This agreement remains in effect for as long as I participate in any live and/or virtual Zumba® Fitness class and other group exercise classes under the instruction of Get Movin' Fitness & Nutrition Solutions and Get Movin Fitness Instructors.
By entering this facility, you are aware that you agree to fully accept all known and unknown risks, including the potential risk of exposure to respiratory illnesses such as the coronavirus (COVID-19). The coronavirus is primarily transmitted via exhaled respiratory droplets, most often through coughing and sneezing. These droplets can travel up to six feet and are more commonly transmitted between persons rather than from equipment to persons.
Although we regularly sanitize our equipment and presently are using enhanced cleaning methods and enforcing social distancing in our facility, you understand that you may be exposed to the coronavirus or its symptoms through no fault of our own. Known coronavirus symptoms include fever, coughing, shortness of breath, pneumonia, kidney failure, and may include other symptoms, stroke or even death (collectively "Symptoms"). You understand and agree that you will hold us harmless and you will not hold us liable for any real or perceived Symptoms of COVID-19 or any other disease, illness, or condition, nor for exacerbating any existing symptoms, and you fully agree to accept all risks of entering the facility, using the equipment, working with personal trainers, attending classes, and/or interacting or being exposed to other members.
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