In consideration for my participation in classes, instruction, or otherwise from Comeback Fitness LLC dba Comeback Cycle (“Comeback”), I understand and agree that Comeback and its agents and employees are under no obligation to, and will not provide any supervision before, during, or after the classes, instruction, or use of bicycles or other gym equipment. If I become aware of any dangerous condition or defect, I will immediately notify Comeback of such condition. I also represent that I am in good health and that I have no health condition, illness, or communicable disease that may make my use of Comeback injurious to me or other participants or users of Comeback. If I should develop any such condition, illness, or disease, I promise to discontinue my use of the Comeback facilities and classes immediately.
I understand that spin cycling, bicycle riding, training, and the use of facilities of Comeback involves risks of injury, which are inherent. This risk includes injury to cardio-vas and muscular-skeletal systems. I acknowledge that a chronic physical disability or medical condition may increase the risk of injury. I expressly assume the risks inherent in the use of Comeback’s programs and assume responsibility for any and all incidental accidents or injuries of any kind, which I may sustain.
To the fullest extent permitted by law, I hereby agree to hold harmless Comeback, its agents and employees from any and all liability, loss, costs and/or expenses (including attorney’s fees and disbursements) for damages or loss which are caused by or incurred by me.
To the fullest extent permitted by law, I hereby promise to indemnify and hold harmless Comeback, its agents and employees from any and all liability, loss, costs and/or expenses (including attorney’s fees and disbursements) which Comeback, its agents and employees may sustain as a result of any accident, injury or other loss to any third party caused by my use of Comeback’s facilities, equipment and program.
This Agreement is governed by and shall be construed in accordance with the laws of the State of New York. If any provision of this Agreement shall be held void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.
COVID-19 Liability Release Waiver
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 people.
The undersigned acknowledges that Comeback Fitness LLC dba Comeback Cycle (“Comeback Cycle”) has put in place preventative measures to reduce the spread of COVID-19, however, Comeback Cycle cannot guarantee that I will not become infected with COVID-19 while using the facilities, services and programs of Comeback Cycle. The undersigned acknowledges and agrees that Comeback Cycle may revise its procedures at any time based on updated recommended guidance and protocols issued by the Public Health Agencies and further agrees to comply with Comeback Cycle’ procedures prior to or while utilizing its facilities, services, and programs. The undersigned further acknowledges and agrees that, due to the nature of the facilities, services, and programs offered by Comeback Cycle social distancing of 6 feet per person is not possible. The undersigned fully understands and appreciates both the known and potential dangers of utilizing the facilities, services, and programs of Comeback Cycle and acknowledges that use thereof by the undersigned may, despite Comeback Cycle’ reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.
The undersigned hereby agrees, represents and warrants that the undersigned shall not visit or utilize the facilities, services, and programs of Comeback Cycle if he or she (i) experiences symptoms of COVID-19 including, without limitation, fever, cough or shortness of breath; or (ii) has a suspected or diagnosed/confirmed case of COVID-19. The undersigned agrees to notify Comeback Cycle immediately if he or she believes that any of the foregoing access/use restrictions may apply.
By signing this Waiver and Release, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 while attending or utilizing the facilities, services and programs of Comeback Cycle 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 while attending or utilizing the facilities, services and programs of Comeback Cycle may result from the actions, omissions or negligence of myself and others including, without limitation, Comeback Cycle employees, volunteers, other members 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, without limitation, personal injury, illness, disability and death), damage, loss, claim, liability or expense of any kind that I may experience or incur in connection with my attendance and use of the facilities, services and programs of Comeback Cycle (the “Claims”).
In consideration of being permitted to enter the facilities of Comeback Cycle for any purpose including, but not limited to, observation or use of facilities or equipment, or participation in any on-site or off-site program affiliated with Comeback Cycle and for other good and valuable consideration, I hereby release, covenant not to sue, discharge, and hold harmless Comeback Cycle, its employees, agents and representatives, of and from the Claims, including liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand that this release includes any Claims based on the actions, omissions, or negligence of Comeback Cycle, its employees, agents or representatives, whether a COVID-19 infection occurs before, during or after my use of or participation in any Comeback Cycle facility, service or program.
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