Agreement to Abide By Safety Protocols and Notification Requirements

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The United States Center for Disease Control and Prevention (CDC), the State of California and local county health departments have recommended social distancing measures of at least six feet between people and have encouraged vulnerable people or persons with compromised immunities to avoid public gatherings and spaces. The medical knowledge and resulting restrictions and recommendations continue to evolve, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spreading the disease and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life threatening illness and even death. Open Gym Premier cannot prevent you or your child(ren) from becoming exposed to, contracting, or spreading COVID-19 while entering into and or utilizing Open Gym Premier’s facilities. It is not possible to prevent the presence of the disease or the possibility that you may be exposed to COVID-19 while at Open Gym Premier’s facilities. Therefore, if you choose to enter into and utilize Open Gym Premier’s facilities you may be exposing yourself and your child(ren) to and/or increasing your (their) risk of contracting or spreading COVID-19.

ASSUMPTION OF RISK: The undersigned is aware of and acknowledges the serious risks from COVID-19. I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting and/or spreading COVID-19 for myself and/or my child(ren) in order to be allowed to enter into and utilize Open Gym Premier’s facilities. The use of these facilities is of such value to me and/or to my child(ren) that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to enter into and or utilize Open Gym Premier’s facilities. 

WAIVER AND RELEASE :  On behalf of myself, and any of all of my family members, minor child(ren), my heirs, successors, assigns and personal representatives and each of them, having voluntarily and knowingly entered the Open Gym Premier facility, I hereby forever release and waive my right to bring suit against Open Gym Premier, its owners, officers, directors, managers, officials, trustees, agents, employees, affiliates and or other representatives (released parties) in connection with any and all exposure, infection, and/or spread of COVID-19 related to me and/or my child(ren) entering into and or utilizing Open Gym Premier’s facilities. I understand that this waiver and release means that I have forever discharged the released parties and give up all of my right to bring any claims, actions, lawsuits, demands for damages and or losses, including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I or my child(ren) may have to seek damages, whether known or unknown, foreseen or unforeseen to the maximum extent allowed by law.

This is intended as a full and complete release of all liability of any nature whatsoever for all damage, injury, loss, expense, including any consequential expense, loss or damage, whether the same are now known or unknown to the undersigned, expected, or unexpected by the undersigned, or have appeared or developed, and all rights under Section 1542 of the California Civil Code are hereby expressly waived and relinquished.  Section 1542 of the California Civil Code provides as follows:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

NOTIFICATION REQUIREMENTS:   As a condition for being allowed to enter into and use the Open Gym Premier Facilities, I agree that if I, or my child(ren), receive a positive COVID-19 diagnosis, I will promptly notify Open Gym Premier management. I consent to allowing Open Gym Premier representatives to notify employees and other users of the facilities that another user of the facility tested positive for COVID-19, without identifying me by name. 

CHOICE OF LAW: I understand and agree that the law of the State of California will apply to this assumption of risk, waiver and release.  This assumption of risk, waiver and release contained herein shall be binding upon the undersigned and inure to the benefit of the released parties, and the officers, principals, legal representatives, assigns, members and successors in interest of each of them.  If any provision hereof is found by a court of competent jurisdiction to be unenforceable or invalid the remaining provisions shall be unaffected and remain enforceable to the full extent of the law.

This Assumption of Risk, Waiver and Release is entered into at Anaheim, California pursuant to the laws of the State of California and is intended to be valid and enforceable in the State of California to the greatest extent allowed by law.

I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS ASSUMPTION OF RISK, WAIVER AND RELEASE AND AGREEMENT TO ABIDE BY SAFETY PROTOCOLS, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING THE LIABILITY AS IS DESCRIBED ABOVE.

Signature:______________________________________

Print Name:_____________________________________

Date:__________________________________________

I am the parent or legal guardian of the minor(s) named below.  I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Assumption of Risk, Waiver and Release on behalf of said minor(s).

Date:____________________________________  Signature:________________________________

Minor Child:______________________________ Print Name:_______________________________ Minor Child:______________________________ Relationship:______________________________