AGREEMENT FOR PVOLVE PARTICIPATION (ON PREMISES AND ONLINE)
PERSONAL RELEASE AND WAIVER OF LIABILITY
This Agreement for Pvolve Participation (this
“Waiver”) is made to allow me to participate in
exercise classes, events or other programs (the
“Program”) in connection with Pvolve LLC, a
Michigan limited liability company, , its employees and
contractors, its parent, subsidiaries and affiliates and each of
their respective successors, assigns and licensees
(collectively, “Pvolve”) online and/or in, on
or about properties owned, leased or otherwise under the control
of Pvolve (the “Premises”).
1. Rules and Regulations: While participating in the Program or on the Premises, I
agree to obey all rules, regulations, and policies of Pvolve,
all applicable laws, and all directions of Pvolve staff. I
agree that a violation of the rules, regulations, laws or
policies applicable to the Program (as determined in the sole
discretion of Pvolve or its representatives) may result in the
termination of my participation in the Program and/or my removal
from the Facilities. Failure to adhere to such rules,
regulations, laws or policies may further result in my
forfeiture of any amounts I may previously have paid to Pvolve
or amounts for which I am obligated to pay.
2. Activity Waiver. I
am solely responsible for determining if I am physically and
mentally fit and skilled for the activities contemplated in the
Program. I agree and understand that my participation in
the Program is voluntary and that I am in good health and mental
and physical condition, and able to participate in any activity
in the Program. I acknowledge that there are certain risks
of injury to participants in the Program
(“Participants”) and I voluntarily agree, as a
condition of my participation in the Program to assume the full
risk of any injuries, costs, damages or losses, regardless of
severity, that I may sustain as a result of participating in any
and all activities connected or associated with the Program.
3. Premises/Equipment Waiver. I understand that the use of the Facilities and use
and/or proximity to the equipment thereon or otherwise sold or
provided by Pvolve carries with it certain inherent risks that
cannot be eliminated regardless of the care taken to avoid
injuries. I know, understand, and appreciate these and other
risks that are inherent in my presence in, on, or about the
Premises and in my use and/or proximity to the equipment. I
hereby assert that my presence/use is voluntary and that I
knowingly assume all risks related thereto.
4. Public Health Waiver. I acknowledge that I am on notice that the
coronavirus disease, COVID-19, and other contagious diseases may
pose a significant health risk and may cause serious illness or
death. While Pvolve may take precautionary measures to
protect participants in the Program such as myself, there can be
no assurance that anyone visiting the Premises will not be
infected with the coronavirus, COVID-19, or other applicable
disease and become seriously ill. I acknowledge, assume and
accept all health risks associated with any and all such
diseases, including the coronavirus, COVID-19, being
present or transmitted on the Premises.
5. Liability Release. As consideration for Pvolve allowing me to participate
in the Program, to the maximum extent permitted by law, I hereby
forever release and discharge Pvolve from any and all claims,
demands, or causes of action (including negligence [whether
active, passive or imputed], strict liability, product liability
or any other theory), which I and/or my heirs, successors, or
assignees may now have or hereafter acquire by reason of (a) my
participation in the Program or presence on the Premises,
including as a result of death, personal injury, property
damage, financial or other loss, damage, cost or expense; (b) my
contracting any infectious diseases, including without
limitation the coronavirus, COVID-19; (c) property that is lost,
stolen, or damaged while in, on, or about the Premises; or (d)
Pvolve’s exercise of the rights herein granted. I hereby waive
any and all claims of related in any way to death, personal
injury, property damage, financial or other loss, damage, cost
or expense, and I hereby agree and covenant not to assert any
claim of any nature whatsoever against Pvolve or any party
related to the subject matter hereof, including but not limited
to for any personal and/or property rights (collectively, the
“Released Matters”). I intend and agree that
this Waiver shall be effective as a full and final accord and
satisfaction and general release of and from all Released
Matters. I understand and agree that this Waiver will
prevent myself and my heirs, successors and assignees from
bringing any action against Pvolve and from recovering any money
damages or other relief from Pvolve in connection with any of
the claims released herein. Further, I acknowledge that I
am aware that I may hereafter discover claims presently unknown
or unsuspected, or facts in addition to or different than those
which I now know or believe to be true, with respect to the
subject matter of this Waiver. Nevertheless, I intend by
entering into this Waiver, to release fully, finally and forever
all Released Matters under this Waiver. In furtherance of such
intention, the releases set forth in this Waiver shall be and
remain in effect as full and complete releases notwithstanding
the discovery or existence of any such additional or different
claims or facts relevant hereto. Accordingly, I hereby
waive and relinquishes every right or benefit which I have under
any federal, state or other law limiting the effect of releases
to the fullest extent that I may lawfully waive such right or
benefit, including the provisions of Section 1542 of the
California Civil Code, 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.
6. Indemnification. On
behalf of myself and my heirs, successors and assignees, I
hereby agree to indemnify, defend and hold harmless Pvolve from
and against any breach of this Waiver by me and/or any and all
claims, actions, proceedings, judgments, costs, damages
(including, without limitation any direct, incidental,
consequential, special or punitive damages), losses, expenses
(including, but not limited to, attorneys’ fees and costs) and
liabilities, whether under contract, warranty, tort (including
negligence [whether active, passive or imputed], strict
liability, product liability or any other theory), relating to
any claim I may now or later have with respect to any death,
personal injury, property damage, financial or other loss,
damage, cost or expense that may be suffered by me or any third
party as a result of, and/or in connection with, my
participation in the Program.
7. Representations and Warranties. I represent and warrant that I am free to enter into
this Waiver and understand its contents and the legal
implications of releasing Released Matters.
8. Choice of Law; Arbitration. The terms and conditions of this Waiver shall be
interpreted and governed by New York law without reference to
choice of law rules. The parties consent to the
jurisdiction and venue of the State of New York in the City and
County of New York. The parties have agreed that any
dispute will be resolved in a non-judicial forum through binding
arbitration and, accordingly, waive their right to a trial by
jury. Any dispute arising hereunder shall be resolved solely
through binding arbitration conducted in New York, New York
under and pursuant to the commercial arbitration rules of JAMS
(“JAMS Rules”), as said rules may be amended
from time to time with full rights of discovery as permitted in
accordance with New York law. Such rules and procedures are
incorporated and made part of this Waiver by reference. The
parties hereby expressly waive any and all rights to appeal, or
to petition to vacate or modify, any arbitration award issued in
a dispute arising out of this Waiver. Each party hereby
irrevocably submits to the jurisdiction of the state and federal
courts for the County of New York in connection with any
petition to confirm an arbitration award obtained pursuant to
this Paragraph. The arbitration will be confidential and
conducted in private, and will not be open to the public or
media. No matter relating to the arbitration (including,
but not limited to, the testimony, evidence or result) may be:
(i) made public in any manner or form; (ii) reported to any news
agency or publisher; or (iii) disclosed to any third party not
involved in the arbitration. The parties agree to accept
service of process in accordance with JAMS Rules. The parties
recognize that their relationship is unique and that each
Participant is situated differently from all other Participants,
and that no one Participant can adequately represent the
interest of others. Therefore, I agree that any arbitration,
suit, action or legal proceeding shall be conducted and resolved
on an individual basis only and not on a class-wide, multiple
plaintiff, consolidated or similar basis, and l hereby
explicitly and unequivocally waive my right, if any, to join a
plaintiff class action or other multiple party lawsuit against
Pvolve arising under or related to this Waiver or to act in any
arbitration or otherwise in the interest of the public or in any
private attorney general capacity.
9. Miscellaneous. This
Waiver shall be binding upon me and my heirs, successors and
assignees forever and shall be freely assignable by Pvolve. This
Waiver sets forth the entire understanding of the parties and
may not be modified except by a writing signed by me and Pvolve.
This Waiver may be executed and delivered by facsimile or other
electronic transmission and/or by PDF signature. The illegality,
invalidity or unenforceability of any provision of this Waiver
shall in no way affect the validity or enforceability of the
remainder of this Waiver, which shall be enforced to the maximum
extent permitted by law.
I have read this entire Waiver and fully understand its
contents. I am agreeing to this Waiver and participating in the
Program voluntarily, without any duress or undue influence.