Terms and Conditions
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious. HypeHouse has put in place preventative measures to reduce the spread of COVID-19; however, HypeHouse Studio cannot guarantee that you will not become infected with COVID-19. Further, participation could increase your risk of contracting COVID- 19 or other infectious diseases.
READ CAREFULLY BEFORE SIGNING
By signing this agreement, I acknowledge the contagious nature of COVID-19 and other infectious diseases and voluntarily assume the risk that I may be exposed to or infected by COVID-19 or other infectious diseases by participation; 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 or other infectious diseases at HypeHouse Studio may result from the actions, omissions, or negligence of myself and others, including, but not limited to, HypeHouse Studio’s employees, volunteers, and program participants and their families.??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, of any kind, that I may experience or incur in connection with my participation at HypeHouse Studio. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless HypeHouse Studio, 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 HypeHouse Studio, its employees, agents, and representatives, whether a COVID-19 infection or other infectious disease occurs before, during, or after participation at HypeHouse Studio.??I represent that I have adequate insurance to cover any injury or illness I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or illness myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, 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. In the event that I file a lawsuit, I agree to do so in the state where HypeHouse Studio is located, and I further agree that the substantive law of that state shall apply. 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 document, I agree that if I am exposed or infected by COVID-19 or other infectious disease during my participation in this activity, 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 for negligence.??I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.??If I have signed a separate general waiver of liability connected to my participation at HypeHouse Studio, I agree that the terms of that waiver are wholly incorporated into this document and that the terms of this document are incorporated into the separate general waiver.??I agree that I will practice safe social distancing and clean hygiene during my participation at HypeHouse Studio.
I have signed up to attend class at HypeHouse, LLC, (“HypeHouse”) and in partial consideration for such membership, I acknowledge, represent and agree as follow:
HypeHouse has disclosed to me, and I acknowledge that indoor cycling carries certain health risk including but not limited to mild to severe muscle and tendon strain, mild to severe joint pain and even heart attacks.
I represent to HypeHouse that I am in good health and have no disability, impairment, medical condition, illness or health related issue which may prevent me from engaging in vigorous exercise or using HypeHouse’s facilities and taking classes offered by HypeHouse’s instructors, or which pose a health risk to other users of HypeHouse’s facilities.
I assume full responsibility for my medical condition as it relates to engaging in exercise and using HypeHouse’s facilities. I have consulted with a physician and have not been instructed by such physician to refrain from using HypeHouse’s facilities or not to participate in any activities of the type available in HypeHouse’s facilities, or in lieu of such consultation, I represent that I have had the opportunity to have done so and have waived the opportunity to do so.
I have adequate insurance (including, without limitation, health insurance) necessary to provide for and pay any and all medical costs that may directly or indirectly result from my use of HypeHouse’s facilities.
I understand that my presence in HypeHouse’s facilities and my use of HypeHouse’s facilities involves risk as disclosed herein. I hereby knowingly and freely assume all risk and responsibility for any and all damage to property or bodily and/or personal injury in connection with my use of HypeHouse’s facilities, or taking classes offered by HypeHouse.
I hereby release, discharge and covenant not to sue (and relinquish my rights to sue) HypeHouse, its members, managers, employees, attorneys, and their respective successors and/or assigns (each a “Released Party” and collectively, the “Released Parties”), from and with respect to any and all liability, claims, demands, actions, suits, rights and/or causes of action of whatever kind or nature, now or hereafter existing, whether known or unknown, present or future, foreseen or unforeseen, whether caused by the negligence of a Released Party or otherwise, that may arise from my use of HypeHouse’s facilities, or taking classes offered by HypeHouse, including, without limitation, any damage to property or bodily and/or personal injury in connection therewith. I hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which person giving the release does not know or suspect to exist at the time of executing the release. I acknowledge that this means, in part, that I am hereby releasing any and all unknown future claims.
I agree to indemnify and hold harmless the Released Parties from and against any loss, damage, claim, suit, liability, demand, cost and/or expense, paid or incurred by the Released Parties, or asserted against any of them (including attorney’s fees, court costs and disbursements) caused in whole or in part, by, or arising directly or indirectly out of my use of HypeHouse’s facilities, taking classes offered by HypeHouse, and/or my breach of this Agreement.
HypeHouse has advised me not to bring valuable personal property into HypeHouse’s facilities. I assume full responsibility for any loss of or damage to my personal property which may occur at HypeHouse’s facilities. The Corporation shall not be liable for the loss, theft, or damage of any personal property located anywhere in HypeHouse’s facilities.
Any dispute of claim involving HypeHouse and me shall be submitted to mediation in accordance with the customary mediation procedures in Missoula County, Montana, and if the dispute is not resolved through mediation, both HypeHouse and I agree to submit the dispute to binding arbitration in accordance with the Montana Uniform Arbitration Act, and judgment on the award rendered by the arbitrator) may be entered in any court having jurisdiction thereof.
I agree to the following miscellaneous provisions:
I have neither requested nor received any express representations or warranties as to the use of HypeHouse’s facilities and HypeHouse has not made and does not make any actual or implied representations or warranties regarding the condition or appropriate use of HypeHouse’s facilities, or taking classes offered by HypeHouse.
This Agreement has been executed by me and may not be used by any other person for the purpose of using HypeHouse’s facilities.
I have received a copy of HypeHouse’s rules and regulations and agree to abide by them and any amendments to them hereafter adopted. I agree that HypeHouse may suspend or revoke my right to use HypeHouse’s facilities upon determining, in its sole discretion, that I have materially violated any of the HypeHouse’s facilities rules and regulations or that I have materially breached the terms of this Agreement.
This Agreement covers any and all liability, claims and actions caused entirely, or in part, by any and all acts or failures to act on my part, including but not limited to, negligence or mistake.
This Agreement shall also bind my assigns, heirs, executors, administrators, and assigns.
HypeHouse’s facilities Release and Waiver shall be governed by, construed and enforced in accordance with, the laws of the Montana.
If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, or the application thereof to any person or circumstance shall to any extent be illegal, invalid or unenforceable under present or future laws, then and in such event, it is the express intention of the parties that the remainder of this Agreement, or the application of such terms, clauses or provision other than to those as to which it is held illegal, invalid or unenforceable, shall not be affected thereby, and each term, clause or provision of this Agreement, and the application thereof, shall be legal, valid and enforceable to the fullest extent permitted by law.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior agreements, understandings, negotiations, statements, promises and discussions, oral and written, between the parties hereto with respect to the subject matter of this Agreement.
The provisions of this Agreement will continue in full force and effect even after the termination of the activities conducted by me at HypeHouse’s facilities.
By signing this agreement, I have read and fully understand the terms of this Agreement, and understand that I may have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement. I agree to abide by and be bound by the terms and conditions of this Agreement.
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