NOONAN SPORT SPECIALISTS

CORONAVIRUS RELEASE AND HOLD-HARMLESS AGREEMENT

The current worldwide coronavirus (COVID-19) pandemic and associated government-mandated federal and state orders in many communities underscore the risks associated with all exercise programs, including the risk of bodily injury, death, and/or property damage. I have determined I wish to make use of Noonan Strength Systems/Noonan Sport Specialists exercise programs and use of their facilities as developed by the Noonan Strength Systems, LLP, Noonan Strength Systems, LLC, Noonan Sport Specialists LLC, Cut Up, LLC, (collectively “NSS”), knowing there is a risk associated with the use of that system. I am willing to assume all risks associated with the use of NSS. These risks include, but are not limited to, muscle injury, cardiac stress, injuries from falls, and other injuries.

Although we regularly sanitize our equipment and presently are using enhanced cleaning methods and enforcing social distancing in our facility, you understand that you may be exposed to the coronavirus or its symptoms through no fault of our own. Known coronavirus symptoms include fever, coughing, shortness of breath, pneumonia, kidney failure, and may include other symptoms, stroke or even death (collectively "Symptoms"). You understand and agree that you will hold us harmless and you will not hold us liable for any real or perceived Symptoms of COVID-19 or any other disease, illness, or condition, nor for exacerbating any existing symptoms, and you fully agree to accept all risks of entering the facility, using the equipment, working with personal trainers, attending classes, and/or interacting or being exposed to other members. This assumption of risk also includes the possibility of the presence of or transmission of any bacteria, viruses, or infectious diseases. By entering this facility, you are aware that you agree to fully accept all known and unknown risks, including the potential risk of exposure to respiratory illnesses such as the coronavirus (COVID-19). The coronavirus is primarily transmitted via exhaled respiratory droplets, most often through coughing and sneezing. These droplets can travel up to six feet and are more commonly transmitted between persons rather than from equipment to persons.

I agree on my behalf, and if I am a minor, my parent/guardian agrees on my behalf, and on behalf of my successors, assigns, and heirs to release and hold harmless NSS and all of their owners, employees, agents, volunteers, board members, associates, and insurers from and against any and all claims, causes of action, demands, or liability, that may be asserted against them or any of them stemming from an injury, death, or damage to personal property I may suffer or occur as a result of use of NSS, on the premises or off premises including any sponsored club event. You also agree to defend and indemnify NSS in connection with any claims of any kind made by such others, regardless of the theory asserted.

Likewise, dietary modifications can cause a variety of changes and can create problems, including as it relates to your energy, stamina, appetite, and mood. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness or death.

Additionally, you understand that NSS occasionally photographs/videotapes client events/sessions, and by signing below you provide your express written approval for NSS to use these images or video in any and all media for promotional purposes, with no financial or other remuneration due to you.

You further agree that if a court of law finds any part of this agreement to be against public policy or in violation of any state statute or legal precedent, then the remainder of this document will remain in full force.

The exclusive venue for any disputes arising out of this document shall be in Douglas County, where NSS has its principal place of business. In any such action, by signing this you waive trial by jury, and agree that NSS may seek attorney fees for the enforcement of this Agreement.

By signing below, you acknowledge that you have carefully read this document and fully understand the risks that you are undertaking.