TERMS & CONDITIONS
Please read the following carefully, and check “I agree” when you are ready to proceed.
PELLICANO ENDURANCE COACHING, LLC Liability Waiver / Release Agreement
INSTRUCTIONS: All participants must read this entire Release Agreement (hereinafter, “Agreement”) and sign only if you fully understand and specifically agree to the terms of each section of this Agreement.
By signing this Agreement and/or by participating in any PELLICANO ENDURANCE COACHING, LLC (hereinafter, the “Company”) fitness program or workout event (collectively, “Fitness Program”), you are indicating that you have read completely, understood, and agreed to all of the terms of this Agreement.
If you do not agree to all of the terms of this Agreement, DO NOT SIGN this Agreement and YOU ARE NOT PERMITTED TO PARTICIPATE in any Fitness Program. If you participate in any Fitness Program without agreeing to all of the terms of this Agreement, you are an unauthorized participant and are trespassing and will be prosecuted to the fullest extent of the law.
You are, by signing this agreement, specifically, among other things, waiving your rights to make any claim or suit against the Company, and the Company’s successors, assigns, affiliates, present and former direct and indirect owners, managers, officers, principals, employees, volunteers, clients, customers, invitees, independent contractors, trustees, consultants, attorneys, insurers, facility operators, land and/or premises owners, agents and other representatives, and any and all persons and entities acting in any capacity on behalf of the Company, and any other persons participating in any Fitness Program and their heirs, next of kin, spouses, guardians, legal representatives, executors, administrators, successors, and assigns for any injury which occurs while participating or from participating in any Fitness Program, use of weights or fitness equipment, repetitious movement, while spectating, or any other activity provided by, performed in conjunction with, or otherwise related to the Company.
Release of Liability and Full Assumption of Risk
In consideration for being permitted to participate in any way in any Fitness Program and in consideration of the other services provided by the Company, an Arizona limited liability company, on behalf of myself, my spouse, children, guardians, parents, heirs, next of kin, successors, assigns, personal representatives, executors, administrators, estate, and all other persons and entities who could in any way represent me or act on my behalf (collectively, the “Releasing Parties”), I hereby agree, in perpetuity, to release, indemnify, hold harmless, and discharge the Company and the Company’s successors, assigns, affiliates, present and former direct and indirect owners, managers, officers, principals, employees, volunteers, clients, customers, invitees, independent contractors, trustees, consultants, attorneys, insurers, facility operators, land and/or premises owners, agents and other representatives, and any and all persons and entities acting in any capacity on behalf of the Company, and any other persons participating in any Fitness Program and their heirs, next of kin, spouses, guardians, legal representatives, executors, administrators, successors, and assigns (hereinafter the “Released Parties”) as follows:
1. Release and Indemnity: I, for myself and on behalf of my minor child/ward and my/his/her Releasing Parties, agree to protect, defend, hold harmless, and indemnify, and do release, remise, and forever discharge, the Company and the Released Parties, from and against any and all claims, obligations, actions, causes of action, proceedings, suits, costs, losses, liabilities, damages, and expenses, whether known or unknown (including but not limited to all direct, special, incidental, exemplary, punitive, and consequential damages, losses of any kind, and attorneys’ fees), and however caused, including without limitation by intentional, reckless, negligent, or grossly negligent conduct (collectively, “Claims”), that are based upon, result from, and/or relate in any way to the Company and/or my participation in any Fitness Program to the fullest extent of the law. Additionally, and without limiting the foregoing, I, for myself, and for all of the Releasing Parties, waive any Claims I have, whether individually or collectively, may now or in the future have against the Company or any of the Released Parties with respect to the matters released hereunder, and agree not to initiate or prosecute (or aid any other party in prosecuting) or continue any Claim of any kind whatsoever against the Company or any of the Released Parties in any court or otherwise with respect to the matters released hereunder, including but not limited to any Claim under any common law, whether in law or equity, or federal, state, or local statute, ordinance, or rule of law. To the extent that I initiate a Claim against the Company in spite of the foregoing and my Claim is not successful, I understand that I will be responsible for paying the Company’s costs and expenses incurred in defending such Claim, including the Company’s attorney fees. I understand that under no circumstances will the Company be responsible for paying my attorney fees incurred in prosecuting my Claim.
2. Acknowledgement of Inherent Risks: I acknowledge that participation in any Fitness Program carries a serious risk of, and will most likely result in, physical injury. I understand that participation in any Fitness Program may expose me to a variety of conditions that may cause risk of serious injury, health consequences, or death, including without limitation to the following: slippery or unstable surfaces; equipment failure, defect, or malfunction; falls from heights, objects, and equipment; natural hazards, including but not limited to surface or subsurface conditions of the property surrounding the site of any Fitness Program; exposure to hot or cold weather or water; physical contact with and exposure to other participants, spectators, and others; loss of orientation; the negligence of others, including without limitation the Released Parties; and exhaustion, dehydration, fatigue, dizziness, overexertion, and lack of physical coordination.
I understand that no matter how careful I, or others may be while participating in any Fitness Program, the risk of serious injury is not eliminated. I acknowledge that in addition to the risks and injuries identified above, my participation in a Fitness Program includes other unknown or unanticipated risks that may result in serious physical and/or emotional injury, illness, paralysis, death, and/or damage to my person, property, or third parties. I understand and acknowledge that while conduct giving rise to such risks might in limited circumstances give rise to an action in tort or contract, I have freely and knowingly consented to such conduct and to participating in such situations and activities.
I acknowledge that neither the Company nor any third party providing equipment or services in connection with any Fitness Program has made any warranties whatsoever with respect to equipment or services furnished by them in connection with any Fitness Program or otherwise used by me, and that there are no warranties of any kind from anyone regarding the equipment’s fitness or services or suitability for use for any purpose in connection with any Fitness Program or are, individually or collectively, adequate to protect me from any injuries and/or death. I hereby waive any right I might otherwise have to warnings or instructions regarding any aspect of any Fitness Program or the equipment or services utilized in connection therewith. I acknowledge that the foregoing is not an exhaustive list of the risks, hazards, and dangers I may be exposed to as a result of participating in any Fitness Program.
3. Acknowledgement of Risks Associated with COVID-19: I acknowledge that novel coronavirus (“COVID-19”) infections have been confirmed throughout Arizona and surrounding states. In accordance with guidance from the World Health Organization, Centers for Disease Control and Preventions (“CDC”), and the State of Arizona, I represent and warrant that I will not visit the Company or its location(s) or participate in any Fitness Program within 14 days of exposure to any person who has a suspected or confirmed case of COVID-19. I further agree, represent, and warrant that I will not visit the Company or its location(s) or participate in any Fitness Program if I have: (i) experienced any symptoms of COVID-19, including, but not limited to cough, shortness or breath or difficult breathing, fever, chills, muscle pain, sore throat, new loss of taste or smell or (ii) a suspected or diagnosed/confirmed case of COVID-19.
I understand that the Company has implemented procedures for slowing the transmission of COVID-19. I agree to follow such Company procedures while visiting the Company or its location(s) or participating in any Fitness Program, including any revisions to such procedures that the Company may implement. However, I acknowledge the known and potential dangers related to COVID-19 of visiting the Company or its location(s) or participating in any Fitness Program.
I further acknowledge that visiting the Company or its location(s) or participating in any Fitness Program may, despite the Company’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death, I further acknowledge, represent, and warrant that, should I contract COVID-19, I will not be able to prove that my exposure to COVID-19 will not be solely and definitively attributable to visiting the Company or its location(s) or participating in any Fitness Program.
3. ASSUMPTION OF RISK AND LOSS: I Acknowledge That The Fitness Programs Are Potentially And Inherently Dangerous, And I Knowingly And Freely Assume All Risks Associated With Any Fitness Program That I May Participate In, Including Without Limitation All Risks Of Injury, Illness, Damage, And/Or Death, And All Those Risks Set Forth In Sections 2 And 3 Above, Both Known And Unknown, Even If Arising From The Negligence Of The Company Or The Released Parties Or Other Parties, And Assume Full Responsibility For My Participation In All Fitness Programs. My participation, in any Fitness Program is purely voluntary, and I elect or agree on behalf of myself to participate in any Fitness Program in spite of the known and unknown risks. I further expressly agree that I will pay for the costs of any and all medical assistance, including without limitation any hospital, medical, or treatment costs, should my participation or the participation of my minor child/ward in any Fitness Program require such services and that the Company is in no way responsible for such costs. I agree to pay for all damages to the facilities and property owned or used by the Company caused by my negligent, reckless, or willful actions while participating in any Fitness Program.
4. Injuries By Third Parties or Other Participants: I acknowledge that I may be injured by the actions of others who are also participating in an Fitness Program, and I agree to release, indemnify, and discharge the Company and the other Released Parties for any injury or damages I incur that are caused or contributed to by another participant or participants.
5. Medical Treatment: I hereby consent to and authorize any and all medical and hospital treatment that is deemed advisable or necessary for me from injury, accident, or illness occurring during my participation in any Fitness Program. Without in any way limiting the foregoing, I acknowledge and agree that any medical or hospital treatment, if any, offered to me in connection with my participation in any Fitness Program may involve calculated risks of complications, infection, disfigurement, injury, or even death, from both known and unknown causes, and no warranty or guarantee has been made as to the result of such procedures, and I assume all risks, and indemnify and hold the Company and the other Released Parties harmless from any Claim, with respect thereto. I also acknowledge and agree that no warranty, representation, or guarantee has been made as to the qualifications or credentials of any medical professionals performing such procedures, or their ability to diagnose medical conditions.
6. Rules: I acknowledge that I have read and understand all posted rules and safety standards of any Fitness Program in which I am participating and agree to abide by any and all such rules and standards and any other warnings or oral instructions given by the Company, including without limitation any of its managers, officers, principals, employees, volunteers, representatives, sponsors, or agents, during any Fitness Program. Any actual or alleged consequences of my following such rules, standards, warnings, directions, and instructions shall be included within the matters released and indemnified pursuant to this Agreement.
7. Participant Representations: I am aware that it is advisable to consult a physician prior to participation in any Fitness Program and have been given the opportunity to do so. I represent to the Company that I am in excellent physical, emotional, psychological, and mental health and physically and mentally able to participate in all Fitness Programs, have no physical or medical condition, including without limitation any allergies or exercise-induced conditions, that would endanger others and/or me by participating in any Fitness Program, will not be under the influence of drugs or alcohol while participating in any Fitness Program, and will conduct myself in a safe and responsible manner so as to not endanger the lives or property of any persons.
8. Personal Property: I agree that the Company is not responsible for any personal property belonging to me that is stolen, lost, or damaged during any Fitness Program.
9. Likeness Release and License: I grant the Company the right to photograph, videotape, record, and/or make reproductions of me and to use my name, photograph, face, image, likeness, actions and appearance (collectively, “Likeness”) in any and all media now known or hereafter devised, including without limitation television, the Internet, mobile, wireless, and other online or computer-assisted media, and print media (collectively, “Media”), worldwide in perpetuity, including without limitation in connection with the promotion, marketing, and exploitation (in any form or Media) of the Company’s products and services. I agree that any broadcast, telecast, publication, or other exploitation of my Likeness or the Materials or any rights therein will not entitle me to receive any form of compensation.
I HAVE CAREFULLY READ THIS RELEASE AGREEMENT, FULLY UNDERSTAND ITS TERMS AND I HAVE BEEN GIVEN AMPLE TIME TO REVIEW THE AGREEMENT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.