Terms and Conditions

Terms and Conditions of Membership 

Ownership of VOLOFIT® Facilities.  Each VOLOFIT® business (each a “Facility”) is independently and separately owned and operated, and most Facilities are operated by an independent franchisee pursuant to a franchise agreement with VOLOFIT Franchising, LLC (“VF”).  While VF requires that Facilities adopt certain mandated processes, certain other processes are merely suggested.  The owner of each Facility is responsible for the day-to-day operation of its Facility, so some operational processes, the services offered, and the terms under which services are offered may vary.

Benefits of Membership. Each person using a Facility (each a “Member”) will be entitled to receive the benefits associated with, and for the duration of, the type of membership for which it pays.  Memberships may be for specific classes or services, or they may be monthly.  Each monthly Member has access to, and is entitled to receive services from, only the designated Facility from which it purchases a membership (the “Home Facility”).  All other Members are entitled to receive services only from the Facility from which they purchase the specific services.  If monthly Members elect to obtain services from a Facility other than their Home Facility, they must pay to and comply with the terms offered by that Facility for such services.  As part of their monthly membership, Members are also entitled to access to the VOLOFIT website, newsletters and other correspondence relating to health, wellness, fitness opportunities and advice that may be provided from time to time. Monthly Members may purchase and receive more than their allocated services in any monthly period. All services purchased in excess of the services associated with Member’s membership will be charged at the rate advertised at the Facility where the Members maintain their membership, or, if different, at the Facility where the Members seek to purchase such additional services. Individuals must be currently enrolled as a member to receive benefits and services associated with membership at a Facility. Members must be current on their membership fees to receive their membership benefits. Membership dues entitle each Member to receive a variety of membership benefits from any location(s) operating under or utilizing the “VOLOFIT®” trademark.  Each person using the facility will have access to classes that use certain equipment, including but not limited to weights, ropes, rowers, stationary bikes and a rig. Additionally, each person will have access to showers and restrooms. The facility may change the equipment or access to other facilities at any time. Each facility reserves the right to deny or refuse to re-enroll any Member who has failed to remit membership payment(s) in a timely manner or who has engaged in conduct in violation of any of these Terms and Conditions or of the Membership Agreement.

Obligations of Members. Members must (a) abide by these Terms and Conditions, the terms and conditions in their Membership Agreement, and the rules and regulations of any Facility from which they acquire services, (b) follow the directions of the Facility’s staff regarding safety and security issues, and (c) treat the staff and other members with courtesy.  In addition, each Member:

1.     is financially responsible for all membership dues and related fees and agrees to pay dues and fees on time;

2.     understands that its credit/debit card information will be monitored by the Facilities’ software system. A monthly Member’s failure to provide the Home Facility with updated, current credit/debit card information may result in termination of Member’s membership;

3.     agrees to timely notify the Home Facility of any changes in Member’s personal information, including mailing address, telephone number and credit/debit card information. Member’s failure to timely report such changes may constitute grounds for termination of Member’s membership; and

4.     agrees to abide by all terms of their Membership Agreement, these Terms and Conditions and all rules and regulations for any other Facility that Member visits for services, and to engage in appropriate conduct and decorum while receiving services at a Facility.

A Member’s membership may be revoked at any time for failure to abide by the foregoing requirements.

1.     Changes to Obligations. VF reserves the right to revise, amend or alter these Terms and Conditions without notice to Member, and each Facility reserves the right to change its operating procedures and processes, as well as its rules for utilization of the Facility.  All such changes will become effective immediately without further action required, and Members’ continued use of the Facilities will be their acceptance of any such changes.  Members are responsible for staying abreast of these changes.

2.     Lost or Stolen Items.  Neither VF nor the Facilities are responsible for lost or stolen articles or goods while Member is present at a Facility.

3.     Transferability of Membership. Memberships are personal to the Member. They may not be shared or transferred, including between Members and their family members, except as provided in these Terms and Conditions or with the agreement of the Home Facility (or the Facility from which the individual services were purchased) and the Facility to which the membership is being transferred. If a monthly Member relocates its residence more than 30 miles from its Home Facility, it may request, in writing to the Home Facility, to transfer its membership to another participating Facility that is located within a 30-mile radius of the Member’s new residence. The Member’s membership rights will be transferred no later than 30 days following the date on which Member’s written request to transfer is delivered to the Home Facility. All such transfer requests must be sent via certified United States Mail, return receipt requested, or by personal delivery to the Member’s Home Facility. Member may be required to provide proof of permanent relocation in the form of a lease, mortgage statement or current utility bills. 

4.     Hours of Operation; Registration. Operating hours are posted at each Facility. Members must register upon arrival at the Facility in accordance with the Facility’s rules and regulations. Services are provided only during the Facility’s normal operating hours. The Facility hours are as stated in the app and on the website, and subject to change.

5.     Class Reservations and Cancellations.  As stated in the Membership Agreement, Members must cancel or change reservations for classes at least eight (8) hours before a class or you will be charged for the price of the class at the then current class drop-in rate.  Classes may be changed through the VOLOFIT mobile app, online system at www.volo-fit.com or by calling the applicable Facility directly.  Members must be physically present within five (5) minutes after the start of their scheduled class or their spot may be given to a wait-listed Member.  The class reservation systems through the mobile app and online will allow reservations until the scheduled class time.

6.     Representations. Member agrees that the Membership Agreement, the membership application, these Terms and Conditions, and Member’s agreement to comply with the rules and regulations of its Home Facility and each other Facility it uses set forth the entire agreement and understanding between the Member, VF, and the Facility regarding the Member’s membership. 

7.     Refund Policy.  Fees for all classes and monthly membership packages are non-refundable.  No exceptions apply aside from those required by law. 

8.     Harassment. Members agree that they will not use loud or profane language while on the Facility’s premises, nor will Member molest, badger, assault or harass other Members, guests or Facility employees.  Members who engage in such behavior may be subject to immediate removal from the premises, cancellation of membership, and appropriate legal action. 

9.     Automatic Renewal; Cancellation; and Termination of Monthly Memberships. This section applies only to Members who purchase a monthly membership.  Monthly memberships automatically renew in accordance with and as described in the  Member’s membership agreement. Monthly Members may cancel their membership for any reason with a 30-day written notice, or such other notice required by law. All cancellation requests must be signed, dated, and submitted on the Home Facility’s Membership Cancellation Request Form and either sent by certified mail, return receipt requested or be hand-delivered to the Home Facility. All cancellation requests become effective 30 days from the date the cancellation request is received and processed; however, if a regular monthly payment is due prior to the effective date of termination, it will be charged as scheduled and Member will be entitled to continue to receive the benefits of their membership after the final charge to their account and until the 30th day thereafter, at which time the termination will become effective. Except as otherwise required by applicable law, no refunds will be made if Member cancels its membership. A Member may cancel without notice upon disability, death, or upon a move of over 25 miles from the Facility. In order to cancel on the basis of disability, the disability must be of a kind that affects the member’s capacity to use or enjoy the club's facilities and a physician must verify the condition.  In the event of death, a representative may cancel the contract. Upon cancellation for death, disability or move, no further payments are required, and a prorated portion of any amount prepaid will be refunded to the member or their representative.

10. Liability Disclaimer. Member assumes any and all risks attendant to the services which Member receives at a Facility, except where provided by law. Member agrees that VF, its officers, directors, employees and agents will not be liable to Member for any injury, claim, economic damage, other form of loss, or by any negligence or any other act committed by staff or any professional associated with a Facility or through any act or conduct undertaken by any other Member or person(s) present at, or utilizing, the services or equipment provided at the Facility. VF, its officers, directors, employees and agents are not responsible or liable for any advice given to Member by service providers at a Facility. 

11. Indemnification.  Member agrees to indemnify and hold harmless, VF, its parents, franchisees, affiliates, employees, agents, third party information providers, service providers, licensors, or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violations by the Member of these Terms and Conditions, any membership agreements, or the rules and regulations of a Facility, or from any other acts of the Member.  VF reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the Member, in which event the Member will fully cooperate with VF in asserting any available defenses. 

12. Entire Agreement. These Terms and Conditions are the only agreement between the Member and VF, and the Membership Agreement and any application filled out by Member, shall constitute the entire agreement by and between the Member and the Facility. If any provision of such agreements is held invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of any remaining provisions, which shall remain in full force and effect.  No failure to enforce a provision will constitute a waiver of the right to do so.  No waiver of any provision will be binding unless in writing signed by the Member and VF or the Facility, as applicable.  No waiver will be deemed a further or continuing waiver of such term or any other term. 

13. Copy of Agreements. Members will receive a copy of their Membership Agreement and these Terms and Conditions through their member account on the website or in the mobile application. 

14. Freezing Membership. After a monthly Member has made at least one (1) membership payment, the Member may request that the Home Facility freeze the Member’s membership to accommodate emergencies, temporary disability, illness or other like circumstances. The freeze request must be made in writing and the Home Facility may require proof of the emergency, disability, or illness and a written physician note verifying that the Member is not physically able to use the Facility.  If the Member’s request to freeze its membership is granted, the membership will remain frozen for at least 30 days and not more than four (4) months. The Member may not use the Facility or receive the benefits of membership until the membership is no longer frozen.  Unless otherwise required by law, Member is not entitled to reimbursement for any unused services and may not redeem any unused services associated with the Membership during the time Member has frozen its account. Member may only freeze its membership once in a 12-month period.

15. Governing Law. The validity of any of these Term and Conditions, as well as the rights and duties of the parties under bound to them, will be governed by the laws of the state in which the Facility is located. 

16. Arbitration.  Member agrees that the sole and exclusive forum and remedy for any and all controversies, disputes, or claims relating in any way to or arising out of these Terms and Conditions shall be final and binding arbitration, subject to VF’s right to seek injunctive relief or other appropriate equitable relief.  

17. Class Action Waiver. Member agrees that any claim against the Home Facility will be brought individually and the Member will not join such claim with claims of any other person or entity or bring, join or participate in a class action against the Home Facility.

You, the buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the Facility, or delivered in person to the Facility.

 

RELEASE AND WAIVER OF LIABILITY PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING, INCLUDING THE COVID-19 RELEASE AND WAIVER OF LIABILITY IN SECTION 12.

BY ACCEPTING THIS DOCUMENT, YOU ARE CONSENTING TO CERTAIN LEGAL CONSEQUENCES THAT WILL AFFECT YOUR LEGAL RIGHTS AND WILL ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.


1. Definitions. For purposes of this Release and Waiver of Liability (this “Release”), the following capitalized terms shall have the following meanings: • “Activities” shall mean the classes and exercises held at a VOLOFIT Business premises or otherwise related to the VOLOFIT Business (i.e., Activities may be held at the VOLOFIT Business premises or elsewhere as led by the applicable Released Parties), and the general attendance at a VOLOFIT Business premises. • “VOLOFIT Business” shall mean the operation of facilities by any of the Released Parties that, drawing on the VOLOFIT brand, provide endurance, cardio, mental and physical strength, agility and power training and related products and services. • “Inherent Risks” shall mean risks that a) cannot be eliminated completely (without changing the challenging nature of the VOLOFIT Business) regardless of the care and precautions taken by any of the Released Parties and b) COVID-19 Risks (defined and outlined in Section 12) that cannot be eliminated and may be increased simply by attending a VOLOFIT Business or it participating in any of the Activities. • “Participant” shall mean the person who is signing and agreeing to the terms of this Release and is participating in the Activities (if such person is a minor, all references to “Participant” in this Release shall include such person’s parent or legal guardian, who shall have to sign this Release on behalf of the Participant). • “Released Parties” shall mean VOLOFIT Franchising, LLC, Tough Mudder Bootcamp Operations, LLC, TM Bootcamp Franchising, LLC, Tough Mudder Holdings, LLC, franchisees of the VOLOFIT Business (as authorized by VOLOFIT Franchising LLC), each of their affiliated entities and their respective directors, officers, employees, agents, contractors, officials, insurers, spectators, co-participants, equipment suppliers, sponsors, organizers, promoters, advertisers and volunteers. • “Releasing Parties” shall mean: the Participant, as well as Participant’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on Participant’s behalf. • “State” shall mean the State in which the VOLOFIT Business and/or the Activities were attended. 


2. Assumption of Inherent Risks. The Activities will focus on body weight and will use various gym machines such as, rowing machines, kettle bells, and more, and are a hazardous activity that presents the ultimate physical and mental challenge to Participant. Participant acknowledges and agrees that (i) Participant’s participation in the VOLOFIT Business is an extreme test of his/her physical and mental limits that carries with it Inherent Risks of physical injury; (ii) such participation is extremely strenuous with the accompanying risks and dangers generally present in such activities; and (iii) the foregoing risks, dangers and Inherent Risks may be magnified due to the fact that participation in the VOLOFIT Business is often conducted under what may be extreme conditions and circumstances. Participant understands and acknowledges that the Inherent Risks include, but are not limited to: (1) contact or collision with persons or objects (e.g., collision with VDODLODFIT business personnel, contact with other participants, contact or collision with gym machinery, gym equipment, and contact with natural or man-made fixed objects or obstacles); (2) encounters with physical obstacles; (3) equipment related hazards (e.g., broken, defective or inadequate equipment, unexpected equipment failure, imperfect gym conditions); and (4) judgment and/or behavior-related problems (e.g., erratic or inappropriate co-participant or spectator behavior, erratic or inappropriate behavior by Participant, errors in judgment by personnel working at the VOLOFIT Business). Participant further understands and acknowledges that any of the Inherent Risks and others, not specifically named in this Release, may cause injury or injuries that may be categorized as minor, serious, or catastrophic. Minor injuries are common and include scrapes, bruises, sprains, strains, muscle tension and soreness, nausea, cuts abrasions, grazes, lacerations, and contusions. Serious injuries are less common, but do sometimes occur, and include property loss or damage, broken bones, fractures, torn or strained ligaments and tendons, concussions, exposure, dehydration, heat exhaustion and other heat-related illnesses, mental stress or exhaustion, infection, vomiting, dislocations, anemia, electrolyte imbalance, loss of consciousness, syncope, dizziness, fainting, seizures, and neurological disorders/pain. Catastrophic injuries are rare, but VOLOFIT Business participants should be aware that they could occur and can include permanent disabilities, stroke, single or multiple organ failure or dysfunction, physical damage to organs, spinal injuries, paralysis, heart attack, heart failure, blood cell disorder, brain swelling, and even death. Participant agrees and understands that it is Participant’s responsibility to consult with Participant’s personal physician prior to participating in the Activities to ensure that such participation will not pose any unusual risks to Participant’s health and well-being. If Participant believes or becomes aware that any aspect of the VOLOFIT Business is unsafe or poses unreasonable risks, Participant agrees to immediately notify appropriate personnel. By participating in the VOLOFIT Business, Participant acknowledges and agrees that he/she has found the facilities, equipment, and areas to be used at the VOLOFIT Business to be safe and acceptable for participation therein. Participant accepts full and sole responsibility for the condition and adequacy of Participant’s own equipment used at the VOLOFIT Business. Participant understands fully the Inherent Risks of Participant’s participation in the Activities and asserts that Participant is willingly and voluntarily participating in such Activities. Participant has read the preceding paragraphs and acknowledges that Participant (1) knows the nature of the VOLOFIT Business; (2) understands the demands of activities held at the VOLOFIT Business relative to Participant’s physical condition; and (3) appreciates the potential impact of the types of injuries that may result from Participant’s participation in the Activities. Participant hereby asserts that Participant knowingly assumes all of the Inherent Risks of participation in the Activities and takes full responsibility for any and all claims, suits, damages, liabilities, losses, or expenses that may incur as a result of Participant’s participation in the Activities.


The Participant further acknowledges and accepts sole responsibility for all of the hazards to Participant and his/her property associated with or related to participation in the Activities (including but not limited to any injury or damage that he/she may cause to others), and any conditions on projects, property, facilities, accommodations, equipment, supplies and tools (irrespective of who may own or provide any one of these items) incidental to his/her participation in the Activities, whether caused by the negligence, fault or misconduct of any kind on the part of the Released Parties.


3. Participant’s Representations, Warranties and Other Covenants. Participant represents and warrants: (i) Participant is in good health and in proper physical condition to safely participate in the Activities, and certifies that Participant has no known or knowable physical or mental conditions that would affect Participant’s ability to safely participate in the Activities, or that would result in such participation creating a risk of danger to Participant or to others; (ii) Participant is in full command of Participant’s faculties and is not under the influence of alcohol or drugs and agrees not to participate in the Activities while under the influence of alcohol and/or drugs; (iii) Participant has obtained and is covered by medical or health insurance, and acknowledges that the Released Parties do not

In the event of an injury to Participant on the VOLOFIT Business premises that renders Participant unconscious or incapable of making a medical decision, Participant authorizes appropriate VOLOFIT Business personnel and emergency medical personnel at such premises to make emergency medical decisions on Participant’s behalf (including, but not limited to CPR and AED). Participant understands that it is Participant’s sole responsibility to seek medical care should Participant experience any unusual physical symptoms, pain or discomfort of any kind following Participant’s participation in the Activities.


Participant authorizes the Released Parties to secure emergency medical care or transportation (i.e., EMS) when deemed necessary by the applicable Released Parties, and Participant agrees to assume all costs of such emergency medical care and transportation. 

Participant agrees to (i) comply with the Rules and all VOLOFIT Business related directions, instructions and decisions of the Released Parties and VOLOFIT Business personnel, and (ii) not to challenge such Rules, directions, instructions, or decisions on any basis at any time.


Participant acknowledges that any of the Released Parties, in its sole discretion, may delay, modify, or cancel any class or exercise held at the VOLOFIT Business if conditions or any natural or man-made emergency (including any event beyond the control of the applicable Released Parties, such as wind, extreme rain or hail, hurricane, tornado, earthquake, flood, acts of terrorism, fire, threatened or actual strike, labor difficulty or work stoppage, insurrection, war, public disaster, or unavoidable casualty) make administering the class or exercise unreasonably difficult or unsafe.


Participant understands that the Released Parties have the authority to issue instructions or directions relating to the manner of my safe participation in any class or exercise held at the VOLOFIT Business and the authority to halt my participation in any class or exercise held at the VOLOFIT Business at any time they deem it necessary to protect the safety of participants, spectators, personnel or other third parties


Participant understands that the Released Parties’ personnel may immediately cause anyone who disobeys any Rules, directions, instructions, decisions, or laws, or whose behavior endangers safety or negatively affects a person, facility, or property of any type or kind, to be removed from the VOLOFIT Business premises.


Participant agrees to exhibit appropriate behavior at all times, demonstrate respect for all people, equipment, and facilities, and participate with a cooperative and positive attitude while on the VOLOFIT Business Premises, Participant understands, agrees and acknowledges that the consumption of any alcohol or any illicit or illegal drugs or substances before and/or during participation in any class or exercise held at the VOLOFIT Business or generally on the VOLOFIT Business premises is strictly prohibited.


4. Waiver of Liability for Ordinary Negligence. In consideration of being permitted to participate in the Activities, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Participant (on behalf of the Releasing Parties) hereby forever waives, releases, covenants not to sue, and discharges the Released Parties from any and all claims, suits, damages, liabilities, losses, or expenses arising or resulting from (i) the Inherent Risks in participating in the Activities, and (ii) the ordinary negligence of the Released Parties in connection with the VOLOFIT Business. The waiver provided in this Section 4 applies to (1) personal injury (including death) from incidents or illnesses arising from Participant’s participation in the Activities, including but not limited to injury arising from gym inspection, observation, the class participation, medical treatment, and while on the VOLOFIT Business premises (including, but not limited to the gym, office, sidewalks, parking areas, sponsor promotions, restrooms, first-aid area, and dressing facilities); and (2) any and all of my claims relating to the Participant’s association with the VOLOFIT Business, including but not limited to, damaged, lost or stolen property, and both contractual and non-contractual claims.


5. Waiver of Right to Workers’ Compensation. Participant confirms that Participant is voluntarily participating in the Activities. Participant is participating in the Activities as an individual, and such participation in no way arises out of or is in the course of employment by any of the Released Parties. In consideration of being permitted to participate in the Activities, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Participant (on behalf of the Releasing Parties) hereby forever waives, releases, covenants not to sue, and discharges any right to Workers’ Compensation benefits provided by any of the Released Parties for any and all claims resulting from participation in the Activities (including from the related the Inherent Risks). 6. Indemnification. In consideration of being permitted to participate in the Activities and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Participant hereby agrees to hold harmless, defend and indemnify the Released Parties from and against any and all actions, causes of action, suits, debts, obligations, losses, damages, amounts paid in settlement, liabilities, costs, and expenses whatsoever, including reasonable attorneys’ fees whether arising out of a claim involving a third party (e.g., co-participants, rescuers, and others) or between one or more of the Released Parties, resulting to, imposed upon, asserted against, or incurred by any of the Released Parties in connection with, or arising out of or relating to Participant’s participation in the Activities or any other acts or omissions of the Participant related to the VOLOFIT Business. This indemnity shall survive the expiration or sooner termination of Participant’s participation in the Activities.


7. Proceedings, Venue and Jurisdiction. In the event of a legal issue brought by Participant (or the Releasing Parties on behalf of the Participant) against any of the Released Parties arising from this Release or Participant’s participation in the Activities, the applicable Releasing Party agrees to engage in good faith efforts to mediate any such legal issue. Any agreement reached during such mediation will be formalized by a written contractual agreement following the conclusion of such mediation. Should the issue not be resolved by mediation, Participant (or the Releasing Parties on behalf of the Participant) agrees that all disputes, controversies, or claims arising out of this Release or Participant’s participation in the Activities shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. The cost of such action shall be shared equally by the parties. The award and decision of the arbitrators shall be conclusive and binding upon all parties to such action and judgment upon the award may be entered in any court of competent jurisdiction. All relevant parties waive any right to contest the validity or enforceability of such award. Participant further acknowledges and agrees that any question, issue, or dispute as to the arbitrability of any dispute, controversy, or claim arising out of this Release or Participant’s participation in the Activities will be submitted to a single arbitrator in accordance with the applicable rules of the American Arbitration Association then in effect. The Arbitration Rules of the American Arbitration Association are available online at www.adr.org. If, despite the overriding Mediation and Arbitration provision Participant agrees to below, legal action proceeds in a court of law, Participant consents to the exclusive jurisdiction of the state and federal courts in the State, and agrees that venue in the State is proper for the resolution of any disputes arising under this Release. 

PARTICIPANT IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING
TO THIS RELEASE OR THE PARTICIPANT’S PARTICIPATION AT THE VOLOFIT BUSINESS.

Participant agrees and acknowledges that this Release shall be governed by and construed in accordance with the laws of the State applicable to agreements made and to be performed entirely in the State and without regard to the conflicts of laws principles thereof.
Participant agrees that any arbitration, mediation or legal action shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all relevant parties. 

8. Severability. Participant understands and agrees that this Release is intended to be as broad and inclusive as is permitted by law in the State and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Release and does not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect. 

9. Integration: Participant affirms that this Release supersedes any and all previous oral or written promises or agreements relating to Participant’s participation in the Activities. Participant understands that this is the entire agreement between Participant and the Released Parties relating to the Participant’s participation in the Activities, and cannot be modified or changed in any way by representations or statements by any agent or employee of any of the Released Parties. This Release may only be amended by a written document duly executed by all of the Released Parties. 

10. Photography. Participant does hereby grant and convey unto the Released Parties a worldwide and unrestricted right, title and interest in perpetuity, without reservation of any rights and without any additional consideration or notice of any kind, in Participant's name, picture, portrait, likeness and identification as it relates to Participant's participation in the Activities, and any and all photographic images and video or audio recordings made by the Released Parties during the Participant's participation in the Activities, including, but not limited to any royalties, proceeds, or other benefits derived from such photographs or recordings, whether for commercial or non-commercial use.


11. Acknowledgment of Understanding. Participant represents and warrants that he/she has read this Release, and fully understand its terms. Participant understands that he/she is giving up substantial rights, including its right to sue and the benefits of Workers’ Compensation. Participant further acknowledges that it is freely and voluntarily signing the Release and participating in the Activities, and intends its signature to be a complete and unconditional release of all liability due to ordinary negligence of the Released Parties and the Inherent Risks of participating in the Activities, to the greatest extent allowed by law in the State.

12.  FURTHER ACKNOWLEDGMENT OF THE RISK AND WAIVER OF LIABILITY RELATING TO COVID-19.  The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to 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 the congregation of groups of people. WITHOUT LIMITING ANY OF THE FOREGOING, PARTICIPANT FURTHER ACKNOWLEDGES, ASSUMES, REPRESENTS AND WAVES THE FOLLOWING:

  • Participant acknowledges that the Released Parties cannot guarantee that Participant will not become infected with COVID-19 and attending a VOLOFIT Business and/or participating in any of the Activities could increase Participant’s risk and the risk of contracting COVID-19.
  • Participant represents that Participant does not have COVID-19, does not exhibit any symptoms of COVID-19 (including without limitation fever, shortness of breath, or cough), and has not been exposed to COVID-19 or been in contact within that last 14 days of someone that has symptoms consistent with COVID-19.
  • Participant further represents that Participant will forego attending a VOLOFIT Business or any Activities if Participant cannot meet the immediately preceding representations.
  • Participant acknowledges the contagious nature of COVID-19 and voluntarily assume the risk Participant may be exposed to or infected by COVID-19 by attending the VOLOFIT Business or any Activities, inside or outside, and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
  • Participant understands that the risk of becoming exposed to or infected by COVID-19 at the VOLOFIT Business or attending any Activities may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Released Parties or other attendees. 
  • Participant voluntarily agrees to assume all of the foregoing risks (“COVID-19 Risks) and accept sole responsibility for any injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at a VOLOFIT Business or participation in Activities.
  • Participant hereby releases, covenants not to sue, discharge, and hold harmless the Released Parties and from all claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. Participant understands and agrees that this release includes any claims based on the actions, omissions, or negligence of the Released Parties, whether a COVID-19 infection occurs before, during, or after participation in any Activities.

 

I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms of Acceptance and Release and Waiver of Liability.