ASSUMPTION OF RISK AND RELEASE OF LIABILITY RELATING TO CORONAVIRUS / COVID-19

Dear MWF Studio member,

We are taking steps to create a safe, healthy and enjoyable environment for working out, having fun and being together again. Creating this safe and healthy environment, however, requires that we all do our part. In addition to the steps we’re taking as a business, we are requesting your cooperation, and the cooperation of all of our members, in complying with the rules and policies described below:

Most importantly, please don’t come to the studio if you’ve been diagnosed with coronavirus, you’ve been in close proximity to someone who has recently had the coronavirus, if you’re feeling sick, you have a fever, you have a cough, or you’re experiencing general difficulty breathing. Although the ban on business closures has been lifted, the risks associated with coronavirus are still very real. Successful physical distancing means staying home and remaining quarantined if you’re exhibiting any of the symptoms commonly associated with coronavirus. The best, most effective way to prevent yourself and others from becoming ill is to avoid exposure to coronavirus.

Please maintain good hygiene and wash your hands frequently. We will do our best to have hand sanitizer available at the studio for use but please remember to bring a bottle of hand sanitizer with you to the studio.

Please be sure to wipe down all fitness equipment after use. We will do our best to have cleaning supplies available at the studio for use.

Please bring your own water bottle. Please bring your own towel.

Although wearing a face mask is not required, it’s recommended.

Please abide by any physical distancing rules in the place where your studio operates. If Washington or your locality lacks physical distancing rules or guidelines, we recommend that you keep a safe and healthy distance of no less than 6 feet from other members when working out at the studio. Please note that we reserve the right to limit occupancy and class size in the physical space to maintain effective physical distancing practices.

Please confirm and acknowledge good health in the member app prior to booking future classes.

Please familiarize yourself and comply with all CDC guidelines related to how to prevent yourself from getting sick with coronavirus, which you can access here.

These “coronavirus rules” are not comprehensive and may be revised by us at any time. Once again, your health and safety while in our studio is extremely important to us. We will expect that you, our members and our staff will abide by the rules and other guidelines described above.

As a business, we reserve the right to enforce any or all of these rules, including, as we reasonably determine, denying a member entry into the studio, or requiring that a member leave the studio, if we suspect coronavirus infection.

Disclaimer As To Coronavirus-Related Liabilities
In addition to being unprecedented, the coronavirus pandemic remains a highly fluid situation. While the state has permitted some businesses to reopen, including ours, the risks posed by coronavirus remain. While we have taken steps to keep you and our other members healthy and safe while working out within our studio, unfortunately, we cannot guarantee that one of our members will not become ill with coronavirus. This being the case, it’s important to know that your choice to return to the studio is at your own risk – you assume all risk and liability associated with coronavirus infection. We are asking all members to sign their acknowledgement to a special “coronavirus release” which we will require prior to entering the studio. Of course, we would love seeing all of our members as soon as possible – the time away has been difficult, to be sure – but if you’re not comfortable returning to the studio right now, or you’re concerned about exposure to the coronavirus, the best practice would be to remain at home.


ASSUMPTION OF RISK AND RELEASE OF LIABILITY RELATING TO CORONAVIRUS / COVID-19 (this “Agreement”)
Coronavirus (COVID-19) has been declared a worldwide pandemic by the World Health Organization. Coronavirus 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 physical distancing and have, in many places, prohibited the assembly of large groups (usually of 10 or more).

You acknowledge that MW Fitness and MW Fitness Studio & Boutique has put in place certain “coronavirus rules,” and taken certain preventative measures, to reduce the spread of coronavirus within the facility; however MW Fitness and MW Fitness Studio & Boutique cannot guarantee that you, your guests or your family will not be exposed to or become infected with coronavirus. You understand that by accessing the studio, you may be putting you, your guests and/or your family at increased risk for contracting coronavirus. You further acknowledge that individuals with health conditions such as heart disease, cancer or diabetes may be more likely to suffer more severe symptoms as a result of contracting the coronavirus.

By signing below, you (referred to below as “I”) understand, acknowledge and agree to the following statements:

I assume the risk that I, my guests and/or my child(ren) may be exposed to or become infected with coronavirus and the such exposure and/or infection may result in personal injury; illness, causing mild symptoms such as, fever or body aches, or more severe complications, such as pneumonia or organ failure; permanent disability or death; and

I understand that the risk of exposure to or infection with coronavirus may result from the acts, omissions, or negligence or myself or others, including but not limited to, the employees, owners and other members of MW Fitness and MW Fitness Studio & Boutique; and

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself, my guests or my family (including, but not limited to, personal injury, disability or death), illness, damage, loss, claim, liability or expense (including medical bills, attorneys’ fees and court costs), or any kind, that I, my guests or my family may experience or incur in connection with my access to the studio or participation in the services provided by MW Fitness and MW Fitness Studio & Boutique (collectively, “Claims”); and

I hereby release, covenant not to sue, discharge and hold harmless MW Fitness and Create & Gogh, its franchisor, and each’s employees, agents, owners, representatives, and affiliates (collectively “Releasees”), of and from all Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or related to my access to the studio or participation in the services provided by MW Fitness and MW Fitness Studio & Boutique, whether arising out of the negligent or grossly negligent acts or omissions of any Releasee or otherwise, and whether any coronavirus infection or exposure occurs before, during or after access to the studio or participation in any of the services provided by [studio]; and

I understand that by signing this release, I am waiving any and all Claims, including those Claims that may be unknown to me, or which I do not suspect to exist at this time.

 

I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT, HAVE BEEN GIVEN THE OPPORTUNITY TO REVIEW ITS TERMS WITH MY LEGAL COUNSEL, AND AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF THE ACTIVITIES