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Covid-19 Liability Waiver

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Creating a safe and healthy environment, requires that we all do our part. While concerns over COVID-19 continue to evolve, the risks associated with COVID-19 are still very real. In addition to the steps we’re taking as a business to reduce the risk of COVID-19 transmission, we are requesting your cooperation, and the cooperation of all of our members, in complying with the rules and policies described below:

First, please don’t come to the studio if :

1) You or any member of your household are experiencing the following symptoms: Cough, shortness of breath, difficulty breathing, fever, headache, or sore throat.

2) Within the last two weeks you or any member of your household are currently under quarantine because you have tested positive for COVID-19 or believe you may have been exposed to COVID-19.

3) Within the last two weeks, you or any member of your household have tested positive for the COVID-19 virus, had close contact with anyone confirmed to have the COVID-19 virus, traveled internationally or via a cruise.

Second, following the Centers for Disease Control and Prevention (CDC) guidance, we require that everyone who enters one of our studios wear masks at all times, except for when eating or drinking. Because it may be difficult to socially distance while stretching, particularly during one-on-one sessions, this requirement is especially important in keeping everybody safe and well.

Third, please maintain good hygiene and wash your hands frequently. We require that you wear grip socks during your session for your general safety and hygiene.
Fourth, to the extent possible, please stay at least six feet away from other members and employees, even if social distancing isn’t required by your local government.

Fifth, in many jurisdictions, you may be required to show proof of vaccination prior to being admitted to one of our iFlex studios. In those jurisdictions, or if otherwise required by the Studio you, we will require that you show proof of vaccination at the door of the Studio. Proof of vaccination can be your actual card, a photo of your card, a pass approved by the jurisdiction where the Studio is located, or proof provided by a foreign government. We may also ask you for identification such as a driver’s license or other governmentally issued ID.

And finally, to lessen the likelihood of coming into contact with the COVID-19 virus, you are encouraged to bring your own stretch strap and water bottle.

These rules are not comprehensive and may be revised by us at any time. Once again, your health and safety while in our studio is extremely important to us. We expect that you, our members and our staff will abide by the rules and other guidelines described above. As a business, we reserve the right to enforce any or all of these rules, including, as we reasonably determine, denying a member entry into the studio, or requiring that a member leave the studio, if we suspect COVID-19 infection.

Please familiarize yourself and comply with all CDC guidelines related to how to prevent yourself from getting sick with COVID-19, which you can access here https://www.cdc.gov/COVID-19/2019-nCoV/index.html.

We will do our part to by implementing procedures meant to slow the spread of COVID-19. We will do our best to have hand sanitizer available at the studio for your use. But please feel free to bring and use your own. Our stretch therapists will wipe down each stretch bench and any other equipment after every stretch session and we will have cleaning supplies available for you to assist us in wiping down your stretch bench if you prefer. We will provide a towel for each stretch, and launder after each use. But feel free to bring your own towel if you prefer. We reserve the right to limit occupancy in the physical space to maintain effective physical distancing practices.

While the COVID-19 pandemic remains an active threat, we may operate under modified studio hours – you can check the website for up-to-date information about business hours.

ASSUMPTION OF RISK AND RELEASE OF LIABILITY RELATING TO COVID-19

I am signing this agreement (“Agreement”) prior to entering an iFlex studio in order to help reduce the spread of COVID-19. I understand that I may be denied access unless I sign this Agreement.

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, including through breathing in droplets or aerosols created when a person coughs, sneezes or breathes, and through touching a surface that contains the virus. As a result, federal, state and local governments and federal and state health agencies recommend physical distancing and have, in many places, prohibited the assembly of large group. I acknowledge that the iFlex studio (the “Studio”) has put in place certain COVID-19 rules, and taken certain preventative measures, to reduce the spread of COVID-19 within the facility. However, I understand that the Studio cannot guarantee that I, my guests or my family will not be exposed to or become infected with COVID-19. I understand that by accessing the Studio, I may be putting myself, my guests and/or my family at increased risk for contracting COVID-19. I further acknowledge that individuals with health conditions such as heart disease, cancer or diabetes may be more likely to suffer more severe symptoms as a result of contracting the COVID-19.

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, including through breathing in droplets or aerosols created when a person coughs, sneezes or breathes, and through touching a surface that contains the virus. As a result, federal, state and local governments and federal and state health agencies recommend physical distancing and have, in many places, prohibited the assembly of large group. I acknowledge that the iFlex studio (the “Studio”) has put in place certain COVID-19 rules, and taken certain preventative measures, to reduce the spread of COVID-19 within the facility. However, I understand that the Studio cannot guarantee that I, my guests or my family will not be exposed to or become infected with COVID-19. I understand that by accessing the Studio, I may be putting myself, my guests and/or my family at increased risk for contracting COVID-19. I further acknowledge that individuals with health conditions such as heart disease, cancer or diabetes may be more likely to suffer more severe symptoms as a result of contracting the COVID-19.

I assume the risk that I, my family and/or anybody I may come into contact with may be exposed to or become infected with COVID-19 and such exposure and/or infection may result in personal injury; illness, causing mild symptoms such as, fever or body aches, or more severe complications, such as pneumonia or organ failure; and/or permanent disability or death.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to, or damages incurred by, myself, my family or any other person I come into contact with. Injury may include, but is not limited to, personal injury, illness, disability and/or death. Damages may include, but are not limited to any damages, loss, claim, liability or expense (including medical bills, attorneys’ fees and court costs), of any kind, that I, my family or any other person I come into contact with may experience or incur in connection with my access to the Studio or participation in the services provided by the Studio (collectively, “Claims”).

For valuable consideration including, but not limited to, the opportunity to utilize the services of the Studio, I for myself, my heirs, representatives, assigns, successors, administrators and anyone else claiming by or through me hereby expressly release, discharge, hold harmless from and waive any and all Claims (including but not limited to, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or related to my access to the Studio or participation in the services provided by the Studio, whether arising out of the negligent or grossly negligent acts or omissions of any Released Party (defined below) or otherwise, and whether any COVID-19 infection or exposure occurs before, during or after access to the studio or participation in any of the services provided by studio which I may presently or at any time in the future possess against anyone associated with the Studio including, but not limited to, the Studio and its franchisor (iFlex, Inc.), and each of their employees, agents, owners, representatives, officers, directors and affiliates (collectively referred to as the “Released Parties”).

I understand that by signing this release, I am waiving any and all Claims, including those Claims that may be unknown to me, or which I do not suspect to exist at this time.

IF I AM A RESIDENT OF CALIFORNIA, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

I understand and agree that this this Agreement shall be in addition to, and not in lieu of, any other assumption of risk provisions or releases of liability as may be found in my membership agreement, and that such assumption of risk and releases of liability provisions remain fully intact. If any provision of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court or arbiter declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in this Agreement. Released Parties are third-party beneficiaries to this Agreement and shall have the right to enforce this Agreement as if the Released Parties are a party hereto. I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT, HAVE BEEN GIVEN THE OPPORTUNITY TO REVIEW ITS TERMS WITH MY LEGAL COUNSEL, AND AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF THE ACTIVITIES DESCRIBED HERE IN.