I grant to Rancho Cordova Police Activities League, its representatives and employees the right to take photographs of me and my property in connection with the above-identified subject. I authorize the Rancho Cordova PAL, its assigns and transferees to copyright, use and publish the same in print and/or electronically.
I agree that the Rancho Cordova PAL may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.
and
AGREEMENT OF INDEMNITY RELEASE OF LIABILITY
AND ACKNOWLEDGEMENT OF RISK OF ACTIVITIES
I acknowledge and realize and am aware that participant will be participating in a variety of activities. I understand that there are elements of risks in any activity associated with participation. These risks include, but are not limited to, falling, tripping, being hit by another participant, getting injured in a vehicle which is providing transportation, etc. I also acknowledge and understand that although Rancho Cordova PAL staff and volunteers may be present; those persons are not always able to prevent the possible injuries from risks that have been described above.
Therefore, I agree as follows:
1. Release
As a condition of and in consideration for being permitted by Rancho Cordova PAL to participate in the activities provided, I for myself and/or minor children for which I am a parent/legal guardian or otherwise responsible, any heirs, personal representatives, or assigns do hereby release, discharge, and covenant not to sue the Rancho Cordova PAL, its employees, principles, directors, officers, agents, volunteers, or anyone affiliated with the Rancho Cordova PAL and each/every landowner, municipal and/or governmental agency upon whose property an activity is conducted from all liability and waive any claim for damages arising from any cause whatsoever, except that which is the result of gross negligence.
2. Express Assumption of Risk and Responsibility
In recognition of the inherent risk of the activity which I and any minor children for which I am responsible, will engage in, I confirm that participant is physically and mentally capable of participating in this activity and using the equipment. MParticipant is participating willingly and voluntarily. I assume full responsibility for personal injury, accidents and/or illness, including, but not limited to, sprains, torn muscles, bites, wounds, scrapes, abrasions and/or contusions; head, neck and/or spinal injuries, bites or attacks by animals or insects, allergic reactions, shock, paralysis, coma or death, and any related expenses that are related to my child. I assume all responsibility for damage to or loss of my/our personal property as a result of any accident that may occur.
3. Hold Harmless/Assumption of Risk
I agree that I/we will indemnify and hold harmless the Rancho Cordova PAL, the City of Rancho Cordova and the County of Sacramento, and any affiliated organization, its representatives, its employees, principles, directors, officers, agents, volunteers, or anyone affiliated with the City of Rancho Cordova and the County of Sacramento and each and every landowner, municipal and/or governmental agency upon whose property and activity is conducted, from any loss, all liability and waive any claim for damages or costs arising for any cause whatsoever related to my or the participants participation, except that which is the result of gross negligence.
I further expressly agree that this assumption of risk, release and indemnity agreement is intended to as broad and inclusive as is permitted by the laws of the State of California and if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I also agree to take any, all and full responsibility for any interactions that occur relating to an employee of the City/County who is in any fashion associated with or having contact with my child outside the specific hours of the program.
4. Medical / Insurance Information
5. MEDICAL RELEASE: AUTHORIZATION CONSENTING TO TREATMENT OF MINOR
a minor, do hereby authorize the staff of the Rancho Cordova Police Activities League, or an authorized representative, as agent(s) for the undersigned, to consent to any X-Ray examination, anesthetic, medical or surgical diagnosis, treatment and hospital care which is rendered under the general or specific supervision of any physician and surgeon licensed under the provisions of the California Medicine Practice Act on the medical staff of a licensed hospital, whether such examination, diagnosis, or treatment is rendered at the office of said physician or at such hospital.
It is understood that this authorization is given in advance of any specific examination, diagnosis, treatment, or hospital care being required, and is given to provide authority and power on the part of our above named agent(s) to give specific consent to any and all such examinations, diagnosis, treatment, or hospital care which the aforementioned physician in the exercise of his best judgment may seem advisable.
I HAVE READ THE FOREGOING (Items 1 - 5) ACKNOWLEDGEMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, RELEASE OF LIABILITY, HOLD HARMLESS AGREEMENT, AND MEDICAL INFORMATION AND RELEASE. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT, I AM WAIVING VALUALBE LEGAL RIGHTS. I DO SO VOLUNTARILY. I DO SO WITH FULL UNDERSTANDING THAT THE RANCO CORDOVA PAL, THE CITY OF RANCHO CORDOVA AND THE COUNTY OF SACRAMENTO ARE NOT TO BE HELD RESPONSIBLE, WHATSOEVER, OR AT ALL FOR INJURIES THAT MAY OCCUR TO ME AND/OR ANY CHILD OF MINE EXCEPT THAT WHICH IS CONCLUSIVELY DETERMINED TO BE THE RESULT OF GROSS NEGLIGENCE.
BY SIGNING AND VALIDATING THIS AS A PARENT OR GUARDIAN, I HEREBY AGREE THAT I AM DULY AUTHORIZED TO DO SO ON BEHALF OF MYSELF AND ON BEHALF OF ANY OTHER PARENT OR GUARDIAN TO THE PARTICIPATING CHILD.
Fit Body Boot Camp Client Acknowledgment and Assumption of Risk and Full Release from Liability
CLIENT ACKNOWLEDGMENT AND ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF SWIFTFIT, INC DBA RANCHO CORDOVA FIT BODY BOOT CAMP AND FIT BODY BOOT CAMP, INC CORPORATE OFFICES.
CLIENT ACKNOWLEDGES SWIFTFIT, INC DBA RANCHO CORDOVA FIT BODY BOOT CAMP IS INDEPENDENTLY OWNED AND OPERATED AND ANY COMMITMENTS, CLAIMS, ISSUES, QUESTIONS AND/OR CONCERNS BE DIRECTED TOWARD SWIFTFIT, INC DBA RANCHO CORDOVA FIT BODY BOOT CAMP. THESE PHYSICAL ACTIVITIES INVOLVES THE INHERENT RISK OF PHYSICAL INJURIES OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, PULLS OR TEARS, BROKEN BONES, SHIN SPLINTS, HEART PROSTRATION, KNEE/LOWER BACK/FOOT INJURIES AND ANY OTHER ILLNESS, SORENESS, OR INJURY HOWEVER CAUSED, OCCURRING DURING OR AFTER CLIENT’S PARTICIPATION IN THE PHYSICAL ACTIVITIES.
CLIENT FURTHER ACKNOWLEDGES THAT SUCH RISKS INCLUDE, BUT AR NOT LIMITED TO, INJURIES CAUSED BY THE NEGLIGENCE OF AN INSTRUCTOR OR OTHER PERSON, DEFECTIVE OR IMPROPERLY USED EQUIPMENT, OVER-EXERTION OF A CLIENT, SLIP AND FALL BY CLIENT, OR AN UNKNOWN HEALTH PROBLEM OF CLIENT.
CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITY INVOLVED WITH PARTICIPATION IN THE PHYSICAL ACTIVITIES, CLIENT AFFIRMS THAT CLIENT IS IN GOOD PHYSICAL CONDITION AND DOES NOT SUFFER FROM ANY DISABILITY THAT WOULD PREVENT OR LIMIT PARTICIPATION IN THE PHYSICAL ACTIVITIES.
CLIENT ACKNOWLEDGES PARTICIPATION WILL BE PHYSICALLY AND MENTALLY CHALLENGING, AND CLIENT AGREES THAT IT IS THE RESPONSIBILITY OF CLIENT TO SEEK COMPETENT MEDICAL OR OTHER PROFESSIONAL ADVICE, REGARDING ANY CONCERNS OR QUESTIONS INVOLVED WITH THE ABILITY OF CLIENT TO TAKE PART IN FIT BODY BOOT CAMP PHYSICAL ACTIVITIES.
BY SIGNING THIS AGREEMENT, CLIENT ASSERTS THAT HE OR SHE IS CAPABLE OF PARTICIPATING IN THE PHYSICAL ACTIVITIES.
CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITY FOR NOT EXCEEDING HIS OR HER PHYSICAL LIMITS.
it Body Boot Camp Model/Photo/Video Authorization & Release
By signing this Release Form, I hereby give Fit Body Boot Camp®, Inc. (“FBBC”) and Assigns my permission to use my photo and video images and likeness (collectively, the “Property”) that are sent and/or email to them for general marketing purposes, which may include, among others, advertising, promotion, and marketing, either via print or online, for any of FBBC’s products or services. I also represent that I own or control the Property. I agree that the Property may be combined with other images, videos, text, and graphics and cropped, altered or modified. I agree that I have no rights to the Property, and all rights to the Property belong to FBBC and/or Assigns.
I agree that I have not received any Consideration for the rights granted in this Release. I acknowledge and agree that I have no further right or claim to additional Consideration or accounting and that I will make no further claim for any reason to FBBC, its agents, employees, and/or Assigns. In addition, I waive any right to inspect or approve the finished product, including written copy and videos, wherein my likeness appears.
I acknowledge and agree that this Release is binding upon my heirs, assigns and any other person claiming an interest in the Property. I agree that this Release is irrevocable, worldwide and perpetual, and will be governed by the law of the United States.
I represent and warrant that I am at least 18 years of age, and have read and understood the foregoing statement, and am competent to execute this agreement. I have the full legal capacity and right to execute this release and grant the rights herein granted with respect to the Property and to bind all persons claiming an interest in the Property.
COVID-19 WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Outlet: 3039 Kilgore Rd, Ste 140, Rancho Cordova, CA 95742
Owner: Swiftfit, Inc, dba Rancho Cordova Fit Body Boot Camp
IN CONSIDERATION for being permitted to participate in the Fit Body Boot Camp® physical fitness sessions provided by Swiftfit Inc. at the Facility, I, on behalf of myself and all persons and entities claiming by, through or under me hereby acknowledge, agree and represent that I have inspected and carefully considered the Facility, the Facility premises, and equipment, and I find and accept the same as being safe and reasonably suited for my use and/or participation in sessions provided at the Facility.
I acknowledge that the novel coronavirus (“COVID-19”) is a global pandemic and that infections have been confirmed throughout the United States and Internationally, including in the state in which the Facility is located. I further understand and acknowledge that the President of the United States declared that the outbreak of COVID-19 in the United States constitutes a national emergency. Further, the state in which the Facility is located declared a State of Emergency because of COVID-19.
I understand and acknowledge that the Swiftfit Inc. cannot guaranty my safety or immunity from infection. The mode by which COVID-19 is transmitted or how long it remains on surfaces or in the air is not entirely known. I fully understand, acknowledge and appreciate these facts and the uncertainty of the virus and how it may impact my health. I knowingly and voluntarily assume all risks associated directly or indirectly with participating in any activity at the Facility, including sessions, traveling to and from the Facility, entering and exiting the Facility premises, using equipment at the Facility, interacting with other persons at or around the Facility, and/or using any area within the Facility premises, including restrooms (collectively, the “Voluntary Activity”). With this understanding, I knowingly and voluntarily waive and release Swiftfit Inc., the Facility, Fit Body Boot Camp, Inc. (“FBBC”), and/or their respective directors, officers, employees, volunteers and agents (collectively, the “Releasees”), from any and all present and future claims of any type, including for any harm or loss, economic loss, personal injury, disease, death and property damage suffered by me. I agree to indemnify and hold harmless, and covenant not to sue, the Releases for any personal injury, death, medical expenses, disability, loss of capacity, property damage, court costs, attorneys’ fees, and/or other loss, including arising out of or related, whether directly or indirectly, to any Voluntary Activity.
I represent and attest that:
1. I am not experiencing any symptoms of illness. I do not have a fever or cough and am not experiencing shortness of breath. If I develop any of these symptoms, or if I have a suspected or diagnosed case of COVID-19, I agree that I will not attend or participate in any sessions at the Facility, or otherwise enter or be physically present at the Facility.
2. I agree to follow any and all safety protocols that have been or will be implemented by Owner, including those that are posted at the Facility and those that are sent to me electronically including by text message, SMS and/or email, as well as those posted on the website for the Facility. I acknowledge that the Owner may change these protocols at any time and I agree to abide by any and all such changes.
3. I have not been diagnosed with COVID-19 and not yet cleared as non-contagious by state or local public health authorities.
4. I am and will continue to follow recommended guidelines as much as possible, including practicing social distancing, trying to maintain separation of six feet from others and otherwise limiting by exposure to COVID-19.
5. I will not visit or use the Rancho Cordova Fit Body Boot Camp facility or the in-person services and/or programs of the facility within 14 days after (i) returning from a highly impacted area subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, and/or (iii) exposure to any person who has a suspected or confirmed case of COVID-19. I agree to regularly check the CDC Travel Health Notices including those listed at the following site: (https://www.cdc.gov/coronavirus/2019-ncov/travelers/index.html) before using the facility, attending sessions at the facility, or otherwise participating in services and/or programs available at the facility.
6. I agree to notify the Facility Leader immediately if I believe that I am experiencing any symptoms of COVID-19 and/or if I have a suspected or diagnosed case of COVID-19.
I fully understand and appreciate both the known and potential dangers of using the facility, its equipment, services and programs and acknowledge that the use thereof by me may, despite the Swiftfit Inc.’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability and/or death.
I expressly and knowingly waive all rights under California 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.”
I agree and acknowledge that use of the facilities and its services may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death and/or property damage. I HEREBY ASSUME FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY DEATH OR PROPERTY DAMAGE to me, including due to negligence, active or passive, or otherwise while in, about or upon the premises of the facility and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with the facility. I acknowledge that any illness or injuries that I contract or sustain may be compounded by negligent first aid or emergency response of the Releases and I waive any claim in respect thereof.
I further expressly agree that the foregoing COVID-19 WAIVER OF LIABILITY, ASSUMPTION OF RISK, RELEASE AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by applicable law and that if any portion thereof is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS INCLUDING THE RIGHT TO RECOVER DAMAGES FROM THE RELEASEES IN CASE OF ILLNESS, INJURY , DEATH OR PROPERTY LOSS OR DAMAGES, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID -19 AT ANY OUTLET OR PROGRAM AND ALL ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS AND IS BINDING ON ME, MY HEIRS, FAMILY, ESTATE, REPRESENTATIVES AND ASSIGNS.
I HAVE READ AND UNDERSTAND THE TERMS OF THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT AND AGREE TO ITS TERMS.
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