As the above participant or parent of EQ2, LLC dba Gunnison 24/7 Gym (24/7 Gym) programs and activities, I understand that the nation is in the midst of the COVID-19 pandemic, which presents certain unusual health risks that are highly publicized, including fatal illness. I voluntarily choose to participate in 24/7 Gym programs and activities. In consideration for my participation therein, I, on behalf of myself, my personal representatives, heirs, and assigns, hereby agree:
FOR VALUE RECEIVED, I do hereby release, waive, discharge, and covenant not to sue, and indemnify, defend and hold harmless 24/7 Gym, its owners, officers, members, managers, employees, subcontractors, affiliates, volunteers, and agents ("Indemnified Parties") from claims, liabilities, suits, damages, costs and expenses (including without limitation reasonable attorney`s fees and costs) resulting from damage to, loss of, or theft of personal property, claims resulting from use of facilities, premises or equipment provided by any of the Indemnified Parties and resulting from personal injury (including death) from accidents or illness arising directly or indirectly from activities provided, directed, suggested, or planned by any of the Indemnified Parties. I do hereby completely assume the inherent risks associated with the use of facilities, premises or equipment provided by the Indemnified Parties. I acknowledge that fitness and conditioning activities, by their very nature, carry with them certain inherent risks that cannot be eliminated regardless of the care an individual may take to avoid them. I understand that some fitness and conditioning activities involve strenuous exertions using various muscle groups, sometimes involving quick movements with rapid speed and change of direction, while others involve sustained physical activity that place stress on the cardiovascular system. In addition, many activities will involve heavy equipment and/or complex machines that have the potential of malfunctioning or causing serious injury, including death. I further acknowledge that the risks associated with fitness and conditioning activities include, without limitation: (1) Minor injuries such as scratches, bruises, muscle strains, and sprains (2) Although rare, major injuries such as ligament damage, broken bones, joint or back injuries, concussions, and heart attacks; and (3) Although extremely rare, catastrophic injuries including partial or full paralysis and death. This Waiver of Liability, Indemnity, And Assumption of Risk Agreement ("Agreement") shall be binding on me, my heirs, personal representatives, successors, and assigns. I acknowledge that I have received, read and do understand the terms and conditions of this Agreement. The exclusive jurisdiction and venue for any dispute regarding this Agreement shall be the County of Gunnison, Colorado, and this Agreement shall be governed by Colorado law.
If the participant listed on this Registration Form is under the age of eighteen, I acknowledge that I am the parent of the above-named participant as the term “parent” is defined in C.R.S. Section 13-22-107(2)(b), and I hereby waive and release any prospective claim of the participant against the 24/7 Gym, its officers and employees, for negligence, to the extent provided in C.R.S. Section 13-22-107(3), in connection with the above-described activities.
I understand that participants may be photographed, and give permission for such photographic use to publicize activities for the 24/7 Gym. In the event of an emergency, I give consent for me or the participant to be treated at the nearest medical facility, understanding every effort will be made to contact the emergency contact person set forth on this Registration Form. In such event, I shall be solely responsible for all medical expenses associated with such medical care.
AMENDMENT TO STANDARD WAIVER In light of the recent COVID-19 pandemic, we are taking advanced measures to ensure the safety of our members and staff. We are adapting guidelines set forth by the Colorado Department of Public Health, the Governor of the State of Colorado, and the Gunnison Public Health Director. As with any activity, we cannot eliminate all risks completely. Member hereby acknowledges this and assumes any and all risks associated with COVID-19. Member also acknowledges that he/she is not experiencing any sickness or symptoms of COVID-19 and will abide by the revised policies and mitigation protocols required to enter and use the facility. Member further promises to adhere to revised policies including but not limited to: Wearing face coverings, washing hands upon entry to and departure from the Gunnison 24/7 Gym, keeping at least six-foot distance from one another, (Put an imaginary treadmill or two between yourself and other members) cleaning all touch surfaces before and after use (supplies will be provided) coughing/sneezing into their elbow, and practicing good hygiene. The undersigned wishes to engage in these activities, and expressly assumes such risks and waives any claim he/she may have against the Gunnison 24/7 Gym or those employed by the Gunnison 24/7 Gym as a result of bodily injury incurred in said activity, including claims that are based on negligence or breach of warranty implied or otherwise. The undersigned further agrees to hold The Gunnison 24/7 Gym and those employed harmless from physical damage to others or from property damage. The undersigned further agrees that in the event that the 24/7 Gym is required to close due to revised Local or State Public Health Orders that there will be no refunds issued for prior dues paid. Equitable relief may be provided by the 24/7 Gym to member`s account by restoring an equal number of days lost during the period of closure should the 24/7 Gym subsequently be permitted to re-open. Should the 24/7 Gym be unable to re-open for any reasons whatsoever, whether related to the COVID -19 pandemic or otherwise, members hereby expressly agrees to waive all rights and remedies related to any refunds or credits for previously paid memberships.