LIABILITY WAIVER AND RELEASE FORM (ADULT) - THIS IS A RELEASE OF LEGAL RIGHTS (READ AND UNDERSTAND BEFORE SIGNING) I understand and acknowledge that I am fully aware of and assume the risks (including but not limited to the risk of serious bodily injury, property loss or damage) of (1) participation in Activities (as defined below) at Rockland Peak Performance Inc. (“RPP”) or on a remote basis. I understand that certain Activities can be strenuous and subject to risk of serious injury, and acknowledge that I have been hereby advised to obtain a physical examination and understand and that RPP shall have no responsibility to pay for medical treatment, related costs or any other costs arising from such Activities if I get injured in any way. I further understand and agree that RPP supplies training equipment “as is”, and that RPP disclaims all warranties, express or implied, for any particular use or purpose. Knowing the risks described above, I agree to assume all the risks and responsibilities surrounding my participation in such Activities to be provided by RPP. To the fullest extent allowed by law, I hold harmless and agree to indemnify RPP, its officers, directors, faculty, staff, volunteers, employees and agents, from and against any present or future claim, cause of action, loss or liability for injury to person or property, which I may suffer or may be liable to any other person, related to my participation in Activities at RPP, resulting from any cause whatsoever, and regardless of fault. I am at least eighteen years of age and have carefully read and freely signed this Liability Waiver and Release Form. I understand and agree that no oral or written representations can or will alter the contents of this document. I agree that this agreement shall be governed by the laws of the State of New York (excluding its conflict of laws principles). “Activities” (including, without limitation, 1) participation on strength and conditioning and fitness programs, 2) use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, 3) the sudden and unforeseen malfunctioning of any equipment, 4) our instruction, training, supervision, or dietary recommendations, 5) your slipping and/or falling while in the building, or on the premises, including adjacent sidewalks and parking areas, 6) contact with other participants, 7) the effects of the weather, including high heat and/or humidity, and all other such risks being known and appreciated by me) in person or on a remote basis through online access with RPP.
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 groups of people. Rockland Peak Performance Inc. (“RPP”) has put in place preventative measures to reduce the spread of COVID-19 at the facility; however, RPP cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending RPP could increase your risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending RPP 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 at RPP may result from the actions, omissions, or negligence of myself and others, including, but not limited to, RPP employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at RPP or participation RPP’s programs (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless RPP, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of RPP, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any RPP program.