Liability Waiver
RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of exercise, personal training, massage, and/or nutritional counseling organized by Harts Run Fitness, LLC, of 3390 Saxonburg Blvd, Pittsburg, Pennsylvania, 15116 and/or use of the property, facilities, and services of Harts Run Fitness, LLC, I, the member and/or participant connected to this account/service, or the legal guardian of participant if participant is under the age of 18, agree for myself and (if applicable) for the members of my family and/or those to whom I am a legal guardian, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Harts Run Fitness, LLC, or the employees, representatives or agents of Harts Run Fitness, LLC.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activities and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Harts Run Fitness, LLC for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Harts Run Fitness, LLC, whether caused by the fault of myself, my family, Harts Run Fitness, LLC or other third parties.
3. COVID-19: I recognize that there are certain inherent risks associated with the above described activities that include the contraction of communicable diseases, including but not limited to the coronavirus that causes COVID-19. I assume full responsibility for personal safety to myself and (if applicable) my family members, and further release and discharge Harts Run Fitness, LLC for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Harts Run Fitness, LLC, whether caused by the fault of myself, my family, Harts Run Fitness, LLC or other third parties. I agree that if I am sick, have symptoms of COVID-19 as defined by the best understanding of the disease at the time of participation, including but not limited to fever, cough, shortness of breath, and/or rash, I will not enter any part of the Harts Run Fitness facility.
4. INDEMNIFICATION. I agree to indemnify and defend Harts Run Fitness, LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Harts Run Fitness, LLC.
5. FEES. I agree to pay for all damages to the facilities of Harts Run Fitness, LLC caused by any negligent, reckless, or willful actions by me or my family.
6. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Pennsylvania law.
7. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Harts Run Fitness, LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
8. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
9. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
10. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
11. ONLINE/VIRTUAL/REMOTE CLASSES LIABILITY: By signing up as a participant of any online, virtual, or remote classes offered by Harts Run Fitness and associated instructors on any platform, and by using/following the videos accessed therein, I agree to the same liability terms that cover the physical gym location as stated elsewhere in this document. I understand that trainers and instructors cannot offer immediate feedback to my movements, and that an increased risk of injury can present itself when I are working out without direct supervision. Neither Harts Run Fitness nor any of the instructors who lead classes online/virtually/remotely are liable for any injuries, immediate or long term.
12. ONLINE/VIRTUAL/REMOTE CLASSES PAYMENT AND SHARING: I agree not to allow anyone who has not paid for a class through Harts Run Fitness to watch or participate in any online/virtual/remote class. If I do allow other parties to view or participate in an online/virtual/remote class, I understand that I am liable for the financial burden of the material and for the safety and wellbeing of any other viewers/participants.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
I UNDERSTAND THAT THIS AGREEMENT MAY CHANGE FROM TIME TO TIME, AND THAT I HAVE THE RIGHT TO ASK FOR A COPY OF THE CURRENT POLICY AT ANY TIME.