COVID-19 & CORONAVIRUS RISK RELEASE AGREEMENT & TERMS OF PARTICIPATION

VOLUNTARY ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT THIS AGREEMENT LIMITS YOUR RIGHTS AGAINST PERFORMANCE360: READ IT CAREFULLY.

By accepting this agreement, I represent that I understand all of the following:

By reserving a spot in class through any app, website or manual addition I am committing to attending. Should I fail to attend class without unregistering for class before the scheduled start time, I understand I will be charged a $10 no-show fee.

The novel coronavirus, COVID-19, and related viruses, collectively known as “Coronavirus,” have been declared a worldwide pandemic by the World Health Organization; Coronavirus is extremely contagious and is believed to spread mainly from person-to-person contact, however, it is possible that Coronavirus may spread through other means; much remains unknown about Coronavirus, including short and long-term health consequences of exposure; 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 to help prevent the spread of Coronavirus.

Performance360 has put in place preventative measures to reduce the spread of COVID-19; however, Performance360 cannot guarantee that I or my child(ren) will not become infected with Coronavirus. Further, attending Performance360 could increase my risk and my child(ren)’s risk of contracting
Coronavirus.

By reading this agreement, I acknowledge the contagious nature of Coronavirus and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by Coronavirus by attending Performance360 and that such exposure or infection may result in personal injury, illness, permanent
disability, and/or death.

I understand that the risk of becoming exposed to or infected by Coronavirus at Performance360 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Performance360 employees, volunteers, and program participants and their families.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any damages to my child(ren) or myself, including, but not limited to, personal injury, disability, and death, illness, and hereby waive to the maximum extent allowed by law any damages, losses, claims, liabilities, or expenses of any kind, that I or my child(ren) may experience or incur in connection with my or my child(ren)’s attendance at Performance360 or participation in Performance360 programming (“Claims”).

On my behalf, and on behalf of my child(ren), and my heirs and assigns, I hereby waive, release, covenant not to sue, discharge, and hold harmless Performance360, its employees, agents, and representatives, of and from any Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, whether known or unknown. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Performance360, its employees, agents, and representatives, whether a Coronavirus infection occurs before, during, or after participation in any Performance360 program.

I HAVE READ THIS VOLUNTARY ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT. I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I AM ASSUMING THE RISKS DESCRIBED HEREIN, I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ATTENDING THE GYM AND ANY SPONSORED EVENTS, AND I AGREE TO IT FREELY AND VOLUNTARILY.