Terms and Conditions
I, the Guest/Responsible Party, on my own behalf, and behalf of all others who are listed as Guests under this Guest Agreement, including my minor children, and my and their personal representatives, assigns, successors, heirs, and next of kin, (hereinafter collectively referred to as “the Releasors”), acknowledge and agree that the use of the facilities, services, equipment or premises of Breakthru Fitness, LLC (the “Club”) and/or those of Breakthru Fitness, Inc. (the “Service Provider”) by myself or any of the Releasors involves risk of injury to persons and property, and the Releasors assume full responsibility for such risks for myself/themselves. In consideration of being permitted to enter the Club’s facilities for any purpose, including, but not limited to, observation, use of facilities, services, or equipment, or participation in any way, and/or in consideration of Releasors’ participation in the Service Provider’s online classes (whether streaming live or via replay), the Releasors agree to the following: the Releasors are authorized to, and do hereby release and hold the Club and Service Provider, its directors, officers, parents, subsidiaries, employees, members, managers, independent contractors, and agents harmless from all liability to all the Releasors, and any of their personal representatives, assigns, heirs and next of kin for any loss or damage sustained by any of the Releasors. The Releasors hereby waive any claim or demands therefore based on, or on account of, any injury or death to any of the Releasors and property damages sustained by any of the Releasors, whether caused by the active or passive negligence of the Club or otherwise, while I, or any of the Releasors is in, upon, or about the Club’s premises, or while using the Club’s facilities, or while accessing or using the Service Provider’s online virtual live classes and replays, services, or equipment.
COVID-19 Specific Express Assumption of Risk and Release of Liability:
By entering the premises of the Club, you are aware that you agree to fully accept all known and unknown risks, including the potential risk of exposure to respiratory illnesses such as the coronavirus (COVID-19). The coronavirus is primarily transmitted via exhaled respiratory droplets, most often through coughing and sneezing. These droplets can travel up to six feet and are more commonly transmitted between persons rather than from equipment to persons.
Although we regularly sanitize our equipment and presently are using enhanced cleaning methods and enforcing social distancing in our facility, you understand that you may be exposed to the coronavirus or its symptoms through no fault of our own. Known coronavirus symptoms include fever, coughing, shortness of breath, pneumonia, kidney failure, and may include other symptoms, stroke or even death (collectively ""Symptoms""). You understand and agree that you will hold us harmless and you will not hold us liable for any real or perceived Symptoms of COVID-19 or any other disease, illness, or condition, nor for exacerbating any existing symptoms, and you fully agree to accept all risks of entering the facility, using the equipment, working with personal trainers, attending classes, and/or interacting or being exposed to other members and staff of the Club.
I represent that I have the actual authority to, and do hereby enter into this Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement on my behalf and as an authorized agent, or parent or legal guardian for all of the Releasors. I have read and voluntarily signed this Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement and I further agree that no oral representations, statements or inducement apart from the foregoing written agreement have been made to me.