Terms and Conditions
1. I ACKNOWLEDGE that I understand the fitness training and exercise programs I participate in and I have been informed, understand, and am aware that strength, flexibility, and aerobic exercise, including the use of equipment, are potentially hazardous activities. I also have been informed, understand, and am aware that fitness activities, including those performed at the BEACHFIT TRAINING studio, VIRTUALLY ONLINE, at home on any type of surface, involve a risk of injury, including a remote risk of death or serious disability, and that I am voluntarily participating in these activities with full knowledge, understanding, and appreciation of the dangers involved. I additionally acknowledge that I have undertaken the following personal obligations as a participant in BeachFIT Classes and Training programs . As is the case with any physical activity, THE RISK OF INJURY TO ME OR TO THIRD PARTIES, EVEN SERIOUS OR DISABLING, IS ALWAYS PRESENT AND CANNOT BE ENTIRELY ELIMINATED. If I experience any pain or discomfort, I will listen to my body, adjust the posture, and, if necessary, ask for support from the teacher or staff. I will stop if needed. I ALSO ACKNOWLEDGE AND UNDERSTAND IT IS MY RESPONSIBILITY TO KEEP MYSELF HYDRATED AND COMFORTABLE.
2. I further acknowledge and agree that an exercise program is not a substitute for medical attention, examination, diagnosis or treatment. Exercise is not recommended and is not safe under certain medical conditions. I affirm that I alone am responsible to decide whether to exercise. I HEREBY AGREE TO IRREVOCABLY RELEASE AND WAIVE ANY AND ALL CLAIMS THAT I HAVE NOW OR HEREAFTER MAY HAVE AGAINST BEACHFIT LONG ISLAND, LLC.
3. I expressly acknowledge, agree, and promise to accept and assume all of the risks existing in this activity. My participation in any of BEACHFIT TRAININGS exercise programs either virtually ONLINE ,in Studio or at any other location is purely voluntary, and I elect to participate in spite of the risks, known or unknown.
4. I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE BEACHFIT LONG ISLAND,LLC FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, which are in any way connected with my participation in exercise or my use of BEACHFIT TRAININGS equipment or facilities, including any such claims which allege negligent acts or omissions of BEACHFIT LONG ISLAND LLC
5. Should BEACHFIT LONG ISLAND LLC or anyone acting on its behalf be required to incur attorney's fees and other costs to enforce this agreement, I AGREE TO INDEMNIFY AND HOLD BEACHFIT LONG ISLAND, LLC HARMLESS FOR ALL SUCH FEES AND COSTS.
6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I FURTHER CERTIFY THAT I HAVE NO MEDICAL OR PHYSICAL CONDITIONS WHICH COULD INTERFERE WITH MY SAFETY IN PARTICIPATING IN AN EXERCISE PROGRAM, OR ELSE I AM WILLING TO ASSUME—AND BEAR THE COSTS OF—ALL RISKS THAT MAY BE CREATED, DIRECTLY OR INDIRECTLY, BY ANY SUCH CONDITION. I have checked with my doctor before participating in an exercise program.
7. I FURTHER ACKNOWLEDGE AND AGREE that BEACHFIT LONG ISLAND LLC may, in its sole discretion, bar my participation in any exercise program or require my removal from its facilities in order to prevent injury or inconvenience to myself and others.
8. In the event that I file a lawsuit against BEACHFIT LONG ISLAND LLC, I agree to do so solely in the state of NEW YORK, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.
9. Photo/media Release: At times portions of our classes and events may be filmed, photographed, and/or recorded in studio , Virtually ONLINE or at any other location. By signing here, you consent to the possible reproduction of your likeness and/or voice, as well as the likeness/voice of any person representing our products and/or services, and you waive any claims in connection therewith.I agree that photographs, pictures, slides, movies, or videos of me may be taken in connection with my participation in this activity without compensation from the BeachFit Long Island LLC or any other, and consent to the use of these photographs, slides, movies, or videos for any legal purpose, including social media, www.beachfitlongisland.com website & affiliated websites.
10. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By signing this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, I acknowledge that if anyone is injured or property is damaged during my participation in any exercise program, I may be found by a court of law to have waived my right to maintain a lawsuit against BEACHFIT LONG ISLAND LLC on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document.
11. I agree to waive any right to recover damages from BeachFIT Long Island LLC, including its employees, agents or independent contractors for any harm or injuries suffered as a result of their negligent acts. In other words, I agree to release BeachFIT Long Island LLC, including its employees, for their negligent acts, even if those negligent acts cause me (or my child) a physical injury or economic harm. I am giving up the right to sue BeachFIT Long Island LLC, its owners and employees, for harm caused to me (or my child) as a result of their negligent acts.
I FURTHER ACKNOWLEDGE I HAVE READ AND UNDERSTOOD THIS WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, AND I AGREE TO BE BOUND BY ITS TERMS.
PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of Minor being permitted by BEACHFIT LONG ISLAND LLC to participate in its activities and to use its equipment and facilities, I FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS BEACHFIT LONG ISLAND, LLC FROM ANY AND ALL CLAIMS WHICH ARE BROUGHT BY, OR ON BEHALF OF MINOR, AND WHICH ARE IN ANY WAY CONNECTED WITH SUCH USE OR PARTICIPATION BY MINOR.
I FURTHER ACKNOWLEDGE AND AGREE that BEACHFIT LONG ISLAND LLC may, in its sole discretion, bar minor’s participation in any exercise program or require minor’s removal from its facilities in order to prevent injury or inconvenience to minor and others.
- ASSUMPTION OF RISK AND WAIVER OF LIABILITY RELATING TO NOVEL CORONAVIRUS AND COVID-19
COVID-19, the disease caused by the novel coronavirus, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and experts believe it is spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited or severely limited the congregation of groups of people. BEACHFIT Long Island LLC ( DBA BEACHFIT TRAINING) remains committed to adhering to all applicable federal and state guidelines. BEACHFIT TRAINING has put in place preventative measures to reduce the spread of COVID-19 including but not limited to reduced capacity, intensified cleaning procedures, and touchless check-in procedures; however, BEACHFIT long Island cannot guarantee that you will not become infected with COVID-19. Further, attending BEACHFIT TRAINING could increase your risk of contracting COVID-19.
READ CAREFULLY BEFORE SIGNING
• 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 my participation at BEACHFIT TRAINING, 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 BEACHFIT TRAINING BEACHFIT TRAINING may result from the actions, omissions, or negligence of myself and others, including, but not limited to, BEACHFIT TRAINING employees.
• I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death) illness, damage, loss, claim, liability, or expense, or any kind, that I may experience or incur in connection with my participation at BEACHFIT TRAINING. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless BEACHFIT TRAINING, its employees, agents, and representatives, of and from the claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of BEACHFIT TRAINING, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation at BEACHFIT TRAINING.
• By signing this document, I agree that if I am exposed or infected by COVID-19 during my participation at BEACHFIT TRAINING, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim of negligence.