VIDEO DISCLOSURE
I consent to being photographed and Filmed while participating in the bicycle tour. I understand that Music City Ebikes is in no way responsible for the safekeeping of my personal belongings while I attend a tour. I understand that classes, personal training and some services at Music City Ebikes may be physically strenuous and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.
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In consideration of Music City Ebikes allowing me to participate, in any capacity, including, without limitation, as a participant, volunteer, worker, or spectator (collectively, "participant") in the Music City Ebikes fitness or conditioning program, or any other event or activity related to Music City Ebikes , including, without limitation, the physical fitness training and conditioning at the Music City Ebikes facilities, and/or any related activities or services (collectively, the "activities") I hereby freely agree to and make the following contractual representations and agreements:
I ACKNOWLEDGE THAT BY ELECTRONICALLY SIGNING THIS DOCUMENT, I AM RELEASING [Business Name] AND ITS RESPECTIVE TRAINERS, CONTRACTORS, OWNERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, AFFILIATES, AND/OR ANYONE ACTING FOR OR ON BEHALF OF ANY OF THEM (COLLECTIVELY "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DAMAGES AND LIABILITY RELATED TO MY PARTICIPATION IN THE ACTIVITIES. THIS RELEASE IS A CONTRACT WITH LEGAL CONSEQUENCES. I HAVE BEEN ADVISED TO READ IT CAREFULLY BEFORE SIGNING.
For myself, my family, heirs, legal representatives, assignees, and successors in interest (collectively "Successors") I HEREBY WAIVE, RELEASE, DISCHARGE, AND PROMISE TO INDEMNIFY, HOLD HARMLESS AND NOT TO SUE THE RELEASED PARTIES and the sponsors of any of the activities, property owners, and their respective agents, contractors, officials, and employees through or by which or where the activities will be held, (the foregoing are also collectively deemed to be included as Released Parties, WITH RESPECT TO ANY AND ALL RIGHTS, DAMAGES, LOSSES AND CLAIMS INCLUDING CLAIMS ARISING FROM THE RELEASED PARTIES' OWN NEGLIGENCE, which I have or which may hereafter accrue to me, and from any and all damages which may be sustained by me directly or indirectly in connection with, or arising out of, my participation in any of the activities, or travel to or return from the activities.
I, as a signatory of this document, acknowledge that physical training, exercise, conditioning will be included in the activities and are strenuous and inherently dangerous activities and I fully realize the dangers of participating in such activities (including, without limitation, as a worker, volunteer, or spectator) and FULLY ASSUME THE RISKS, KNOWN AND UNKNOWN, ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, without limitation, the health dangers of strenuous physical training; the dangers arising from equipment and facilities hazards, equipment failure, unavailability of or lack of training for safety equipment, unsupervised activities, my own and other parties' negligence, including gross negligence, and weather conditions; and the possibility of serious physical and/or mental trauma or injury or death. My participation is not based on any representation or agreement made by any of the Released Parties, but solely on my own initiative, decision and desire to participate. I agree to accept any medical care provided me at my own risk, but do not participate based on any medical or safety services or supervision being available or provided. I agree to accept any and all loss or damage, whether person, property or financial as the result of my participation in the activities.
I agree it is my sole responsibility to inspect and be familiar with the Music City Ebikes facilities and equipment, the Music City Ebikes rules and regulations for the activities. I understand and agree that situations may arise during the event which may be beyond the immediate control of Music City Ebikes and the Released Parties and that my activities will not be monitored or supervised all of the time during the activities. I accept responsibility for my own actions and safety and agree to inspect for the condition and adequacy of my own clothing, footwear, and equipment and the Music City Ebikes facilities and equipment that I use or encounter. I have no physical or medical condition which, to my knowledge, would endanger myself or others if I participate in the activities, or would interfere with my ability to participate in the activities. I grant permission to Music City Ebikes, and its assigns, to use my name and/or likeness relating to my participation in the activities for any purpose, and I WAIVE all right to any future compensation to which I may otherwise be entitled as a result of such use of my name or likeness.
I AGREE THAT THE INDEMNIFICATION, RELEASE, WAIVER OF LIABILITY, AND ALL RELATED PROVISIONS IN THIS DOCUMENT SHALL BE APPLICABLE WHETHER OR NOT THE LOSSES, COSTS, EXPENSES, AND DAMAGES IN QUESTION AROSE SOLELY OR IN PART FROM THE ACTIVE, PASSIVE OR CONCURRENT NEGLIGENCE, OR STRICT LIABILITY OF ANY OF THE RELEASED PARTIES, OR ANYONE ACTING FOR OR ON BEHALF OF ANY OF THE RELATED PARTIES. EVERY PROVISION OF THIS AGREEMENT IS SEVERABLE AND IN THE EVENT THAT ONE OR ANY PART OF THE PROVISION OF THIS AGREEMENT IS FOUND TO BE UNENFORCEABLE IN WHOLE OR IN PART, THE REMAINDER OF THE AGREEMENT SHALL BE FULLY ENFORCED TO THE FULLEST EXTENT PERMISSIBLE. I HEREBY AFFIRM THAT I HAVE READ THIS DOCUMENT CAREFULLY AND I UNDERSTAND AND AGREE TO IT'S CONTENTS.
These provisions may only be electronically signed by parent or guardian if participant is under 18 years old.
I am the parent or guardian of, and my Child does not have any known health, physical or medical conditions that would endanger my Child or others and is fit to participate in the activities, and I consent to my Child's participation. I HAVE READ AND I UNDERSTAND THE ABOVE RELEASE AND WAIVER AGREEMENT. In consideration of allowing my Child to participate, I consent to and agree that THE TERMS SHALL LIKEWISE BIND ME, MY CHILD, and our heirs, legal representatives, and assignees. I HEREBY RELEASE, DISCHARGE AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM EVERY CLAIM, DAMAGE, LOSS AND ANY LIABILITY that I or my Child may allege against the Released Parties (including reasonable attorney's fees or costs) as a direct or indirect result of injury to me or my Child because of my Child's participation in the activities, WHETHER CAUSED BY NEGLIGENCE OF THE RELEASED PARTIES or others. I PROMISE NOT TO SUE THE RELEASED PARTIES on my behalf or in behalf of my Child regarding any claim arising from my Child's participation in the activities.
As an Addendum to the Waiver you have previously signed with us as a member, you additionally agree to and understand the following:
By entering this facility, you are aware that you agree to fully accept all known and unknown risks, including the potential risk of exposure to respiratory illnesses such as the coronavirus (COVID-19).
Symptoms of COVID-19 include (www.CDC.gov):
Cough, Shortness of breath or difficulty breathing, Fever, Chills, Muscle pain, Sore throat, New loss of taste or smell
This list is not all possible symptoms. Other less common symptoms have been reported, including gastrointestinal symptoms like nausea, vomiting, or diarrhea.
You agree not to enter the facility if:
Yourself or members of my household currently have, or have experienced symptoms of the COVID-19 virus WITHIN THE LAST 14 DAYS
Yourself or members of my household have been diagnosed with COVID-19 WITHIN THE PAST 30 DAYS
Yourself or members of my household have been knowingly been exposed to anyone diagnosed with COVID-19 WITHIN THE PAST 30 DAYS
Yourself or members of my household have not traveled outside of the country or to any city considers to be a "hot spot" for COVID-19 infections WITHIN THE PAST 30 DAYS
Although we regularly sanitize our equipment and presently are using enhanced cleaning methods and enforcing social distancing in our facility, you understand that you may be exposed to the coronavirus or its symptoms through no fault of our own. You understand and agree that you will hold us harmless and you will not hold us liable for any real or perceived Symptoms of COVID-19 or any other disease, illness, or condition, nor for exacerbating any existing symptoms, and you fully agree to accept all risks of entering the facility, using the equipment, working with personal trainers, attending classes, and/or interacting or being exposed to other members.
I ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT, I AM RELEASING MUSIC CITY EBIKES AND ITS RESPECTIVE TRAINERS, CONTRACTORS, OWNERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, AFFILIATES, AND/OR ANYONE ACTING FOR OR ON BEHALF OF ANY OF THEM (COLLECTIVELY "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DAMAGES AND LIABILITY RELATED TO MY PARTICIPATION IN THE ACTIVITIES. THIS RELEASE IS A CONTRACT WITH LEGAL CONSEQUENCES. I HAVE BEEN ADVISED TO READ IT CAREFULLY BEFORE SIGNING.