COVID-19 Warning and Waiver/Release/ Indemnification
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. In addition the state has mandated the use of masks when and where social distancing can not be utilized. Train 4 Life has taken all appropriate measurements to ensure social distancing, but require masks for all employees, guests and members that do not have a medical reason to wear one.
TRAIN 4 LIFE has put in place preventative measures to reduce the spread of COVID-19, however, TRAIN 4 LIFE cannot guarantee that you as a user of TRAIN 4 LIFE’s facility will not become infected with COVID-19. Further, being physically present at TRAIN 4 LIFE could increase your risk of contracting COVID-19.
By signing this agreement, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by being physically present at TRAIN 4 LIFE’s facility, and that such that any medical condition you may have the prevents your from wearing a mask may increase your chance of exposure or infection may result in personal injury, illness, permanent disability, and/or death. You are also acknowledging your understanding that the risk of becoming exposed to, or infected by, COVID-19 at TRAIN 4 LIFE may result from the actions, omissions, or negligence of yourself and others, including, but not limited to, TRAIN 4 LIFE, its owners, affiliates, operators, employees, agents and/or officers.
By signing this agreement, you voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury (including, but not limited to, personal injury, disability, and/or death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with your physical presence at TRAIN 4 LIFE or participation in TRAIN 4 LIFE’s Activities (“Claims”). You hereby release, covenant not to sue, discharge, and agree to indemnify, defend and hold harmless TRAIN 4 LIFE, its owners, affiliates, operators, employees, agents and/or officers (collectively and individually) of and from the Claims, including any and all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this waiver, release and indemnification includes any Claims based on the actions, omissions, or negligence of TRAIN 4 LIFE, its owners, affiliates, operators, employees, agents and/or officers (collectively and individually), whether a COVID-19 infection occurs before, during, or after being physically present at TRAIN 4 LIFE or participating in any TRAIN 4 LIFE Activities.
To the extent that any portion of this Agreement is deemed to be invalid under the law of Massachusetts, the remaining portions of the Agreement shall remain binding and available for use by TRAIN 4 LIFE and its counsel in any proceeding.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.