Waiver and Release of Liability
For consideration of being permitted to participate with Dalia Gomez or Vertical Skillz Outreach, hereby referred to as Provider, for private or group training for any purpose, including but not limited to observation, use of facility, equipment or participation in any way, the undergoing hereby acknowledges, agrees and represents that he/she has or immediately upon entering will inspect such premises and facility. It is further warranted that such entry to the Provider’s facilities for said purposes constitutes an acknowledgment that such premises and all facility and equipment thereon has been inspected and that the undersigned accepts the same and reasonably suited for the purpose of such observation or use.
The undersigned hereby understands and acknowledges that the training and programs offered by the Provider may expose the same to many inherent risks, including accidents, injury, illness or even death. The undersigned assumes full responsibility and all risks of injury associated with participation in the foregoing activities, including but not limited to, falls, contact with other participants, the effects of the weather, including heat and/or humidity, and all other such risks being known and appreciated by the undersigned. The undersigned hereby acknowledges his/her responsibility in communicating any physical and psychological concerns that might conflict with participation in any and all activity. The undersigned acknowledges that he/she is physically and mentally capable of performing the physical activity offered by the Provider. The Provider reserves the right at any time to make reasonable changes to the type or quantity of group exercise classes and equipment altered, to alter the means of group classes, and to amend the cost of, add, modify, and/or eliminate any program, activity, class or services offered.
The undersigned shall not be permitted to engage in any activity in or with Vertical Skillz Outreach while under the influence of illegal drugs or alcohol. The Provider does not permit smoking, alcohol, or illegal drugs, including steroids, in or around its facilities.
In further consideration of being permitted to engage with the Provider for any other purposes not stated above, the undersigned hereby agrees to the following:
The undersigned hereby discharges and covenants not to sue the Provider, its directors, volunteers, coaches, agents, and independent contractors, and further releases and waives all of his/her rights to hold same liable for any lost or damage, and any claims or demands arising from on account of injury to the undersigned or property or resulting in death of the undersigned, weather caused by the negligence of the Provider or otherwise, while the undergoing is in, upon, or about the premises or any facility or equipment therein.
The undersigned hereby agrees to defend and indemnify the Provider, its successors, assigns, licenses, employees, and agents, and hold them harmless from and against any and all claims, liability, losses, damages, costs, and expenses (including attorney's fees) judgment and penalties arising out of or resulting from the presence of the undersigned in\ upon or about the Provider’s premises or in any way observing or using any of the facility or equipment belonging to the Provider weather caused by negligence of the same or otherwise.
The undersigned further expressly agrees that the foregoing release, waiver and indemnity is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, not withstand, continue in full legal force and effect.
The undersigned has read and voluntarily signs the release and waiver of liability and indemnity agreement, and further agrees that no oral representations, statements or inducement apart from the foregoing written agreement have been made.
By my signature below, I indicate that I have read and understand the forgoing, am aware of the nature of the activity with the Provider, and agree to all the terms herein.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
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.
Dalia Gomez and Vertical Skillz Outreach (“the Provider”) have put in place preventative measures to reduce the spread of COVID-19; however, the Provider cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending the Provider 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 the Provider 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 the Provider may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Provider 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 the Provider or participation in Provider programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the Provider, 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 the Provider, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Provider program.