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I, the undersigned, for myself, my personal representatives, assigns, heirs, and next of kin hereby represent, warrant and covenant that:
1. GALEXY FIT, LLC operates a health and fitness facility for training, exercise and related activities (the “Activities”). I wish to use the facility and I have had an opportunity to review and inspect the facility and agree to use the facility in its as-is condition.
4. I AGREE AND WARRANT that I will examine and inspect each Activity in which I take part and that, if I observe any condition which I consider to be unacceptably hazardous or dangerous, I will notify the proper authority in charge of the Activity and will refuse to take part in the Activity until the condition has been corrected to my satisfaction.
5. I HEREBY RELEASE, discharge, and covenant not to sue GALEXY FIT, LLC, its owners, administrators, managers, directors, agents, officers, contractors, volunteers and employees, other participating activity organizers, any sponsors, advertisers and lessors of premises, on which the Activity takes place, (each considered one of the Releasees herein) from all liability, claims, demands, losses or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releasee or otherwise, including negligent rescue operations; and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as a result of such claim, to the fullest extent permitted by law.
6. GALEXY FIT, LLC has put in place preventative measures to reduce the spread of COVID-19: however, GALEXY FIT, LLC cannot guarantee that you will not become infected with COVID-19. Further, attending classes at GALEXY FIT, LLC could increase your risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending GALEXY FIT, LLC and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at GALEXY FIT, LLC results from the actions, omissions, or negligence of myself and others, including, but not limited to, GALEXY FIT, LLC employees and class participants.
I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.
PARENTAL CONSENT And I , the minor’s parent and/or legal guardian, fully understand the nature of Activities and the minor’s experience and capabilities and believe the minor to be qualified to participate in such Activity, and agree to and make all representation set forth at 2, 3 and 4 above. I hereby release, discharge, covenant not to sue, and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the Releasees from all liability, claims, demands, losses, or damages on the minor’s account, or my own account, caused or alleged to be caused in whole or part by the operations, and further agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the above Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss liability, damage, or cost any of them may incur as the result of any such claim.
The undersigned hereby grants GALEXY FIT, LLC., permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration.
I understand and agree that all photos will become the property of GALEXY FIT, LLC and may not be provided to me.
I hereby irrevocably authorize the GALEXY FIT, LLC., to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
I hereby hold harmless, release, and forever discharge GALEXY FIT, LLC from all claims, demands, and causes of action that 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.
I HAVE READ AND UNDERSTAND THE ABOVE PHIOTO RELEASE. I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE, OR, IF I AM UNDER 18 YEARS OF AGE, I HAVE OBTAINED THE REQUIRED CONSENT OF MY PARENTS/GUARDIANS.