Terms and Conditions

ASSUMPTION OF RISK, WAIVER, AND RELEASE: By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment, or any other location or venue where MISSION is providing services (individually and/or collectively, the “Classes and Facilities”) of MISSION PORTSMOUTH and its subsidiaries (collectively, “MISSION”), I hereby acknowledge on behalf of myself, my heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness and exercise equipment in association with the Classes and Facilities. I acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. I also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. I have read and thoroughly understand the MISSION Bike and Equipment Safety Instructions that are posted on MISSION’s website: www.missionportsmouth.com). At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff. In consideration of being allowed to participate in and access the Classes and Facilities, I hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless MISSION, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that I (a) have no medical or physical condition that would prevent me from properly using any of MISSION’s Classes and Facilities, (b) do not have a physical or mental condition that would put me in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. I acknowledge that if I have any chronic disabilities or conditions, I am at risk in using MISSION’s Classes and Facilities, and should not be participating in any Classes. MISSION reserves the right to deny access to any person MISSION deems to be acting in an inappropriate or unsafe manner. I have read this Assumption of Risk, Waiver, and Release Agreement, fully understand its terms, and understand that I am giving up substantial rights including my right to sue MISSION under all circumstances. I acknowledge that I am signing this waiver freely and voluntarily. In addition to the foregoing, I understand that by signing this waiver, I am specifically, and do hereby, release and hold harmless MISSION, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, for any claims against them alleging negligence. The term of this waiver is indefinite. VALUABLES AND PERSONAL PROPERTY: I acknowledge that I have been urged to avoid bringing valuables onto the Facilities and that MISSION shall not be liable for the loss of, theft of, or damage to my personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.

 

I agree that I am personally responsible for my safety and actions while at MISSION Portsmouth (MAKN, LLC) as well as affiliate locations, including, but not limited to, outdoor classes and all organized events. I agree to comply with all MISSION Portsmouth policies and rules, including, but not limited to, MISSION policies, guidelines, signage, and instructor direction. Because MISSION Portsmouth is open for other individuals, I recognize that I am at higher risk for contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue or take claim in any way public or private, MISSION Portsmouth (MAKN, LLC), Mindy Anderson, its board members, officers, agents, servants, independent contractors, affiliates, employees, successors and assigns (collectively the ""Released Parties"") from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or those whom I am in contact with related to COVID-19 whether causes by the negligence of the Release Parties, any third party using MISSION Portsmouth, or otherwise, while participating in any activity while in, one, or around MISSION Portsmouth, and/or while using any MISSION Portsmouth facilities, tools, equipment or materials. 

 

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgements, losses, and/or liabilities (including attorney or consultant fees) arising either from directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, mental injury, death, loss of use, monetary loss, or any other injury from or related to my use of the MISSION Portsmouth facilities, tools, equipment or materials, whether caused by the negligence of the Released Parties of otherwise. 

 

By agreeing to these terms and conditions, I have read the above information and agree to it willingly and voluntarily as my own free act and deed. I am sufficiently informed of the risks in physically being present at MISSION Portsmouth, and participating in MISSION Portsmouth products, classes, and activities. I agree that this Waiver of Liability shall be governed by and construed in accordance with New Hampshire State Law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Waiver of Liability as a whole.