ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
RETREAT WAIVER AGREEMENT
Why You’re Reading This Document
Before we can embark on this Retreat together, whether it is online or in person, we need you to clearly understand the risks of participating in this retreat (the “Retreat”) with us. The purpose of this release and waiver (the “Waiver”) is to communicate the risks of engaging in the various activities we offer in an open and honest way and have you release X4mation Fitness of any liability. Please be aware that if you do not sign this Waiver and agree to its terms, we will not let you participate in our Retreat.
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER. BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.
1. Parties. We will refer to X4mation Fitness, LLC, a limited liability company registered in the State of Virginia, as “X4mation Fitness”, “us” or “we” and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your”.
2. The Retreat Activities. You will be participating in a rejuvenation and relaxation Retreat at X4mation Fitness. The Retreat will include many activities, which may involve but is not limited to the following activities (the “Retreat Activities”):
2.1. stretching and flexibility training in the form of yoga poses, body weight and strength exercises, relaxation, yoga classes, Pilates classes, personal fitness training, meditation, breath work, swimming, hiking, trial running, cooking, and more.
2.2. The Retreat Activities may involve receiving adjustments from instructors, so please advise in advance if you do not want adjustments.
2.3. The Retreat Activities apply to any Retreat which is made available for online streaming and participation. As these Retreats will be taking place outside of X4mation Fitness’s facilities, we need you to acknowledge that you are responsible for the safe facilitation of the Retreat Activities.
3. Equipment. In the course of the Retreat Activities, you will use a variety of equipment (the “Equipment”), which may include but is not limited to: yoga equipment (blocks, bolsters, straps, mats, resistance bands, pillows, dumbbells, foam rollers, and massage balls), pilates equipment (straps, mats, reformer, chair, tower, rings, resistance bands, cadillac, barrels, magic circle, spinal corrector, stability and rotational discs, balance pods, dumbbells, foam rollers, massage balls), fitness equipment (free weights, barbell, treadmills, resistance bands, dumbbells, kettlebells, fitness balls, pull-up frame, TRX, medicine balls, and elliptical machine) (cooking equipment, hiking equipment, swimming equipment and adventure training equipment. Please do not use any equipment not instructed by X4mation Fitness.
4. Inherent Risks. You understand that participating in the Retreat Activities poses inherent risks, some more obvious or serious than others. These risks can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, may even result in death. You will progress at your own pace and will listen to your body. If at any point you feel overexertion, pain or fatigue, you will rest and communicate with the Retreat facilitator as soon as possible.
4.1. Injuries include but are not limited to things like muscle tears, strains, rhabdomyolysis and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, and hearing loss.
4.2. Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or Equipment.
4.3. Additional risks of Retreat Activities for pregnant or post-natal women to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.
4.4. You understand that by partaking in these Retreat Activities at the Retreat location there may be other risks that can arise. For example, tripping or collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants and other environmental factors.
4.5. Participating in the Retreat Activities via online streaming means that there will be no in-person supervision while you perform the Retreat Activities, which presents increased risks. You acknowledge these risks and agree to participate in the Retreat Activities to the extent that it is safe and reasonable for you to do so, at your own discretion. This includes finding a safe space to participate in the Retreat Activities, not pushing yourself too far while undertaking the Retreat Activities, and not trying to complete Retreat Activities if you are unsure about how to best practice them.
5. Affirmation of Health. By participating in the Retreat Activities with X4mation Fitness, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to practice yoga, pilates, swimming, or fitness and strength activities. If you have any pre-existing medical conditions (e.g. asthma, diabetes, heart disease), physical injuries, weakness, are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Retreat Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Retreat Activities.
6. COVID-19 / Infectious Disease. If at any point within 14 days prior to the Retreat, you have suffered from symptoms of a communicable disease (including but not limited to fever, chills, cough, shortness of breath, or sore throat), been in close contact with someone with a known or suspected case or in a hot spot area, or else are uncertain of your health or risk of transmission, you agree not to join or participate in the Retreat or Retreat Activities and you should consult with your doctor. You agree to comply with all measures and policies implemented by X4mation Fitness and applicable public health guidelines as updated, including but not limited to wearing masks, personal hygiene and social distancing, and allowing your temperature to be checked before arriving to class.
6.1. Consent to Cooperate with Contact Tracing. You understand and agree that X4mation Fitness may disclose your personal information to the relevant authorities as required by law and policies related to the containment of COVID-19 through contact tracing or for other lawful purposes.
7. Media Release. We think you’re awesome and want to show you off! By attending the Retreat and participating in the Retreat Activities, you agree to grant X4mation Fitness the irrevocable right to use your image, likeness, photos, video content, audio recordings captured of you during the Retreat or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to such use. Please let us know if you ever want us to stop using an image of you.
8. Valuables. You agree that we are not responsible for the loss or damage of any personal property you bring to the Retreat.
9. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Retreat Activities and Retreat with X4mation Fitness. Your signature below, electronic signature or clicking 'I Agree’, and your participation in the Retreat with X4mation Fitness illustrates your voluntary participation and assumption of the risks of the Retreat Activities.
10. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against X4mation Fitness, LLC, its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused including as a result of X4mation Fitness’s negligence, during your participation in the Retreat Activities with X4mation Fitness. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Retreat Activities. You agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
11. General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of Virginia.The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Virginia. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Online Agreement. We agree that this Waiver may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Waiver by hand and the intention of which is that both parties desire to be bound by all the terms of the Waiver.
You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.
Thank you for communicating honestly with us! We look forward to enjoying this Retreat together.