Client Agreement & Waiver of Liability
Because physical exercise can be strenuous and subject to risk of injury, Performance360, LLC & Performance360 Group, LLC (“Performance360”) urges you to consult with a doctor and pass a physical examination before using any exercise equipment or participating in any exercise activity. You agree that if you engage in any physical activity or exercise, or use any amenity on the premise or off premises including any sponsored events, you do so entirely at your risk. Any recommendation for changes in diet including the use of supplements, weight reduction and/or bodybuilding enhancement are entirely your responsibility and you should consults a physician prior to undergoing any dietary or supplement changes. You agree that you voluntarily participate in these activities and use of this setting and premises and assume all risk of injury, illness or death. We are also not responsible for any loss of personal property.
This waiver and release includes, without limitation, all injuries or death that may occur as a result of: (a) your use of all amenities and equipment in any facility, (b) your participation in any activity, class, program, personal training or instruction, (c) the sudden and unforeseen malfunctioning of any equipment, (d) our instruction, training, supervision, or dietary recommendations and (e) your slipping and/or falling while arriving or leaving a Performance360 activity, class or sponsored event.
You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. Except for the gross negligence or willful misconduct on the part of Performance360, you expressly agree to waive, release and discharge Performance360 and all of its owners, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action arising from any of the foregoing activities and you further agree to voluntarily give up or waive any right that you otherwise have to bring legal action against Performance360 for personal injury or property damage.
To the extent that California law does not prohibit the release of negligence, this release also applies to negligence on the part of Performance360, its agents, and/or employees. If any portion of this release from liability shall be deemed by a court of competent jurisdiction to be invalid, then the remainder of this release shall remain in full force and effect and the unenforceable provision(s) shall be severed from this release.
You agree to indemnify and hold harmless the City of San Diego from and against any and all claims which arise out of the activities contained in the foregoing paragraphs.
You agree that Performance360 may use your name, image and likeness in any video, photograph or other material for commercial purposes. You further agree to waive any claims that may arise from the use of such content on the Internet or otherwise.
By accepting this release, you acknowledge for yourself and/or any minor children that you are waiving the right to maintain a lawsuit against Performance360 on the basis of any claim released above. Additionally, if you provide an email address, you consent to receive emails from Performance360.
COVID-19 & CORONAVIRUS RISK RELEASE AGREEMENT
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
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.