Please read and sign below. This form is mandatory for ALL gym members, visitors or drop in guests.
I hereby consent to all participants and dependent(s) participating in this facility's program(s). I recognize that potentially severe injuries can occur in any activity involving weight or motion, including swimming and related activities like cardio and use of weights, other weight-bearing equipment and physical activity in general. I understand that it is the express intent of all staff and personnel to provide for the safety and protection of myself and family members and, in consideration for allowing use these facilities, I hereby COVENANT NOT TO SUE and FOREVER RELEASE this facility, affiliated and partner companies and organizations, property owners and lessors, staff, contractors, subcontractors, teachers, coaches, owners, directors and other members involved in this facility's program(s), from all liability and for any and all damages and injuries suffered by my student(s) during instruction, supervision, and/or control during any and all classes or extra activities.
COVID-19 PROCEDURES, ASSUMPTION OF RISK, WAIVER OF
LIABILITY AND RELEASE FOR MEMBERS
As you well know, these are difficult and unprecedented times. Mariner Square Athletic, Inc., the legal name of Mariner Square Athletic Club, (the “Gym”), has adopted certain rules and procedures to protect you as a member of the Gym, all of those who are covered under your membership to the Gym, everyone else who is in the Gym, including employees, among others, and all of our families from COVID-19. Pursuant to governmental authority allowing the Gym to re-open, we require that you as a member of the Gym and others covered under your membership to the Gym (collectively, “You” and “Your”) abide by the following:
You agree to:
Stay away from the Gym if:
Within 3 days before Your scheduled visit to the Gym, You have dry cough, aches and pains, chills, nasal congestion, runny nose, sore throat, headache, a fever of more than 100°F, shortness of breath, new loss of sense of smell and/or taste, or if you just don't feel good; ii. Within 14 days before Your scheduled visit to the Gym, You or anyone in your household has had a positive COVID-19 test; iii. You or anyone in your household suspects You or a household member may have COVID-19;
3. You or anyone in your household suspects You or a household
member may have been exposed to COVID-19 within 14 days before your scheduled visit to the Gym;
4. Within 14 days before your scheduled visit to the Gym, you have been in contact or close contact with a person who has tested positive for COVID-19 and you have not received a subsequent negative COVID-19 test;
5. You have been tested for COVID-19 and do not yet have the
results of the test
6. You or anyone else in Your household has traveled
internationally within the 14 days before Your scheduled visit to the Gym;
7. You have been in contact with someone who has traveled internationally within the 14 days before Your scheduled visit to the Gym; and
8. You believe that You have any other infectious disease other
8b. Immediately notify management at the Gym if, within 14 days of entering the Gym, You are diagnosed with or believe You have COVID-19 or any other infectious disease, in which case, You agree to cooperate with the Gym and/or the authorities to identify all people at the Gym with whom You may have come into contact, and identify all areas in the Gym where You were physically present; and
c. Follow all written current Gym rules and procedures regarding COVID 19, among other current rules and procedures, upon entering the Gym, which rules may change from time to time. These rules and procedures may include social distancing, wearing a face mask, sanitizing hands and sanitizing areas in which You work out. The Gym will post its rules and procedures in various areas in the Gym and on its website.
2. You Release the Gym, Waive Liability and Assume Risk. COVID-19 is transmitted by contact or close contact between people. Notwithstanding all of the precautions set forth in this document and other precautions the Gym is taking, there is still some risk of transmission of COVID-19 between people in the Gym, and, by entering the Gym, You willingly accept that risk.
By entering the Gym during these difficult and unprecedented times, You hereby waive and release any and all claims and causes of action, including but not limited to claims for injuries, illness of any kind, death and disability, that You have or may obtain against Mariner Square Athletic, Inc. related in any way whatsoever to COVID-19, or the transmission thereof, or to any other illness of any kind, including claims for passive and active negligence, and including unknown claims, and You hold Mariner Square Athletic, Inc. harmless therefrom. As used in this release, Mariner Square Athletic, Inc. means Mariner Square Athletic, Inc. and its personal representatives, subsidiaries, affiliates, employees, shareholders, directors, officers, insurers, agents, attorneys, successors, assigns, and any other persons, firms, associations and/or corporations related to it. This release shall not apply to gross negligence or willful misconduct.
This waiver and release shall apply to waive and release any and all claims and causes of action on behalf of You (You and Your is defined, collectively, as any member and any other person covered under the member's membership to the Gym), and on behalf Your personal representatives, agents successors, heirs and assigns.
You also waive Civil Code section 1542, which provides:
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.
You acknowledge that You will be fully responsible for Your own safety when using the Gym during a time when COVID-19 is continuing to spread.
This document shall be governed by California law.
If any term of this document is held to be invalid or unenforceable, all remaining provisions of this document shall remain in full force and effect.
I ACKNOWLEDGE THAT I DO NOT HAVE TO eSIGN THIS DOCUMENT AND I HAVE AN OPPORTUNITY TO CONSULT WITH INDEPENDENT LEGAL COUNSEL PRIOR TO eSIGNING IT. IF I eSIGN IT, IT IS BECAUSE I HAVE CONSULTED WITH INDEPENDENT COUNSEL, OR I HAVE CHOSEN TO PROCEED WITHOUT CONSULTING INDEPENDENT LEGAL COUNSEL. I UNDERSTAND THAT UNLESS I eSIGN THIS DOCUMENT AND ABIDE BY ITS TERMS AND CONDITIONS, I WILL BE UNABLE TO UTILIZE THE GYM.
I ACKNOWLEDGE THAT I AM AT LEAST 18 YEARS OLD, AND THAT I EXECUTE THIS DOCUMENT FREELY AND VOLUNTARILY AND REPRESENT THAT I HAVE READ IT AND eSIGN IT BECAUSE I UNDERSTAND IT, WISH TO BE BOUND BY IT AND WISH TO OBTAIN THE BENEFITS THAT IT PROVIDES.