Terms and Conditions
Focusmaster Fitness Waiver, Release of Liability & Indemnity Agreement.
I, the undersigned, acknowledge the inherent risks involved when using any type of fitness equipment and participating in training sessions in the Focusmaster Fitness Studio, and in all other areas of the property. Accordingly, as consideration in exchange for being allowed to participate in any these classes and/or activities at Focusmaster Fitness, I agree to the following: I acknowledge and fully understand that I will be engaging in activities that involve risk of serious injury, which may include permanent disability and even death, and severe social and economic losses which might result not only from my actions, but also from the action, inaction, or negligence of others, the rules of play, or the condition of the premises, or any equipment used, and further that there may be risks not known to me or not reasonably foreseeable. I expressly assume all risks of injury, including death, which may occur in connection with my participation in activities at Focusmaster Fitness. I agree that prior to participating in any activity at Focusmaster Fitness, I will inspect the Health Club area and all equipment to be used, and if, through my inspection, I determine that anything related to that activity is unsafe, I will immediately advise the Fitness Staff or another official of Focusmaster Fitness of this unsafe condition and will not participate until this condition is corrected. I agree to assume all the foregoing risks and accept full responsibility for my own damages following such injury, permanent disability, or death. I release, waive, discharge, and agree not to sue Focusmaster Fitness (Focusmaster Inc.), its parent company and any subsidiaries and all its respective agents, affiliates, associates, officers, directors, owners and employees (collectively ""Releases"") from demands, losses, or damages on account of any bodily injury, death or property damage caused or alleged to be caused in whole or in part by Releases or any other party's actions, inactions, or otherwise. I also agree to indemnify Releases from any and all third party claims caused in whole or in part by my actions. I declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in any of the classes, facilities, programs and services offered at or by the Focusmaster Fitness. I understand that the classes, activities, facilities, programs and services offered by the Focusmaster Fitness may sometimes be conducted by persons who may not be knowledgeable,?licensed, certified or registered instructors or professionals. I accept the fact that the skills and competencies of some Focusmaster Fitness’ employees, agents, representatives or volunteers will vary according to their training and experience and that no claim is made to offer assessment or treatment of any mental or physical disease or condition by those who are not duly licensed, certified or registered and employed to provide such professional services. I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as Focusmaster Fitness may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency. I expressly agree that the terms of release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of the state of New York. Any provision or portion of this Waiver, Release, and Indemnity Agreement found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion. The offending provision or portion shall be construed to the maximum extent possible to confer upon the parties the benefits intended thereby. Said provision or portion, as well as the remaining provisions or portion hereof, shall be construed and enforced to the same effect as if such offending provision or portion thereof had not been contained herein. I have read the above Waiver, Release, and Indemnity Agreement and understand that I accept these terms.
Waiver of Liability Relating to Coronavirus/COVID-19 or any other contagious viruses. COVID-19
has been declared a worldwide pandemic by the World Health Organization. COVID-19 is
reported to be extremely contagious. The state of medical knowledge is evolving, but the virus
is believed to spread from person-to-person contact and/or by contact with contaminated
surfaces and objects.
People reportedly can be infected and show no symptoms and therefore spread the disease.
The exact methods of spread and contraction are unknown, and there is no known treatment,
cure, or vaccine for COVID-19.
Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and
even death. Focusmaster Fitness cannot prevent you [or your child(ren)] from becoming
exposed to, contracting, or spreading COVID-19 while utilizing Focusmaster Fitness’s services or
premises.
It is not possible to prevent against the presence of the disease. Therefore, if you choose to
utilize Focusmaster Fitness’s services and/or enter onto Focusmaster Fitness’s premises you
may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I
hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in
order to utilize Focusmaster Fitness’s services and enter Focusmaster Fitness’s premises.
These services are of such value to me [and/or to my children,] that I accept the risk of being
exposed to, contracting, and/or spreading COVID-19 in order to utilize Focusmaster Fitness’s
services and premises in person.
WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit
against Focusmaster Fitness] and its owners, officers, directors, managers, officials, trustees,
agents, employees, or other representatives in connection with exposure, infection, and/or
spread of COVID-19 related to utilizing Focusmaster Fitness’s services and premises. I
understand that this waiver means I give up my right to bring any claims including for personal
injuries, death, disease or property losses, or any other loss, including but not limited to claims
of negligence and give up any claim I may have to seek damages, whether known or unknown,
foreseen or unforeseen.
CHOICE OF LAW: I understand and agree that the law of the State of New York will apply to this
contract. I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE,
AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING
LIABILITY AS DESCRIBED
"
has been declared a worldwide pandemic by the World Health Organization. COVID-19 is
reported to be extremely contagious. The state of medical knowledge is evolving, but the virus
is believed to spread from person-to-person contact and/or by contact with contaminated
surfaces and objects.
People reportedly can be infected and show no symptoms and therefore spread the disease.
The exact methods of spread and contraction are unknown, and there is no known treatment,
cure, or vaccine for COVID-19.
Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and
even death. Focusmaster Fitness cannot prevent you [or your child(ren)] from becoming
exposed to, contracting, or spreading COVID-19 while utilizing Focusmaster Fitness’s services or
premises.
It is not possible to prevent against the presence of the disease. Therefore, if you choose to
utilize Focusmaster Fitness’s services and/or enter onto Focusmaster Fitness’s premises you
may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I
hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in
order to utilize Focusmaster Fitness’s services and enter Focusmaster Fitness’s premises.
These services are of such value to me [and/or to my children,] that I accept the risk of being
exposed to, contracting, and/or spreading COVID-19 in order to utilize Focusmaster Fitness’s
services and premises in person.
WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit
against Focusmaster Fitness] and its owners, officers, directors, managers, officials, trustees,
agents, employees, or other representatives in connection with exposure, infection, and/or
spread of COVID-19 related to utilizing Focusmaster Fitness’s services and premises. I
understand that this waiver means I give up my right to bring any claims including for personal
injuries, death, disease or property losses, or any other loss, including but not limited to claims
of negligence and give up any claim I may have to seek damages, whether known or unknown,
foreseen or unforeseen.
CHOICE OF LAW: I understand and agree that the law of the State of New York will apply to this
contract. I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE,
AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING
LIABILITY AS DESCRIBED