Avila Fitness Agreement and COVID-19 WAIVER
The undersigned acknowledges that novel coronavirus (“COVID-19”) infections have been confirmed throughout the United States, including in Florida. In accordance with the most recent guidance and protocols issued by the World Health Organization(WHO) and the Centers for Disease Control and Prevention (CDC) (the “Public Health Agencies”) for slowing the transmission of COVID-19, the undersigned hereby agrees, represents, and warrants that the undersigned will not visit or utilize the facilities, services and/or classes of Avila Fitness (other than any exclusive online services and programs involving no physical contact between parties) within fourteen (14) days after (i) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice [DEFINE], (ii), exposure to any person returning from areas subject to the above, or (iii) exposure to any person who has a suspected or confirmed case of COVID-19. The CDC Travel Health Network is continuously updating this list and the undersigned agrees that they are aware of this list and the countries listed.
The undersigned hereby agrees, represents and warrants that the undersigned will not visit or utilize the facilities, services and/or classes of Avila Fitness (other than any exclusive online services and programs involving no physical contact between parties) if symptoms of COVID-19 are currently present, or if he or she has a suspected or diagnosed/confirmed case of COVID-19.
Avila Fitness has taken certain steps to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19, including, without limitation, the access/use restrictions set forth above.
The undersigned acknowledges and agrees that Avila Fitness 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 Avila Fitness’ revised procedures prior to utilizing the facilities, services, and programs of Avila Fitness. The undersigned further acknowledges and agrees that, due to the nature of the facilities, services and programs offered by Avila Fitness, recommended social distancing guidelines of six (6) feet between clients and/or instructors may not always be possible.
The undersigned fully understand and appreciates both the known and potential dangers of utilizing the facilities, services, and programs of Avila Fitness and acknowledges that the undersigned’s use thereof, despite the reasonable efforts of Avila Fitness to mitigate such dangers, may result in the undersigned’s exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER AVILA FITNESS FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO, USE OF THE FACILITIES OR TAKING CLASSES, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:
THE UNDERSIGNED, on behalf of herself/himself, her/his successors, assigns, servants, agents, executors, administrators and legal representatives, HEREBY AGREES TO INDEMNIFY, SAVE AND HOLD HARMLESS Avila Fitness, its directors, officers, employees, volunteers, agents, successors, assigns, servants, subsidiaries, affiliates, executors, administrators and legal representatives, FROM ANY AND ALL loss, liability, damages or costs they may incur, including claims, demands, actions, causes of action or suits in equity of any and every kind or character, for or because of anything done, permitted to be done or omitted, whether known or not now known to the parties, now or hereafter accruing, arising under statute, equity or the common law, directly or indirectly arising out of or in any way related to any property damage, any injury to, or an illness or the death of the undersigned (or any person who may contract COVID-19, directly or indirectly, from the undersigned) whether caused by the negligence or otherwise, active or passive, of Avila Fitness, while the undersigned is on or about the premises, any facilities or equipment therein, or while participating in any program affiliated with Avila Fitness.
The undersigned understands and agrees that Avila Fitness is not required to provide insurance to cover the undersigned in the event they suffer illness, injury, death, property loss, theft or damage of any sort upon or about the premises, or any facilities or equipment therein, or while participating in any program affiliated with Avila Fitness.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM Avila Fitness INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AT ANY Avila Fitness FACILITY OR PROGRAM AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE AND INDEMNIFICATION FOR ALL CLAIMS.
I HAVE READ AND UNDERSTAND THE TERMS OF THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND AGREE TO ITS TERMS.
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