ITS - Independent Training Spot

NAME OF YOUR TRAINER:

ACTIVITY RELEASE OF LIABILITY

READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS

In exchange for participation in the activity of personal training, sports or sports training, strength exercises, conditioning, flexibility training, balance training, metabolic exercises, MMA, massage therapy, physical therapy, and additional activities and therapies at (R2 Fitness, LLC, and RM Fitness NYC NoMad, LLC, ALL Independent Training Spot locations and all entities doing business as Independent Training Spot and/or use of the property, facilities and services of Independent Training Spot),
I, (Your Name):
of (Your Address):
(Your Phone Number):
(Your Email):
agree for myself and (if applicable) for the members of my family, to the following:

I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by your personal trainer, Independent Training Spot employees, representatives or agents of Independent Training Spot.

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 Independent Training Spot and its owners for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Independent Training Spot, whether caused by the fault of myself, my family, Independent Training Spot or other third parties.

I agree to indemnify and defend Independent Training Spot and its owners 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 Independent Training Spot.

I agree to pay for all damages to the facilities of Independent Training Spot caused by my or my family's negligent, reckless, or willful actions.

Any legal or equitable claim that may arise from participation in the above shall be resolved under New York law.

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 Independent Training Spot has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.

This Agreement and each of its terms are the product of an arms' 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.

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.

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

In case of an emergency, please call (Contact Name):
at (Contact Phone Number):

COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION

I agree that I am personally responsible for my safety and actions while using the Independent Training Spot which includes, but is not limited to, cleaning and/or sanitizing all equipment, benches, mats, tools, handles and any touchable surfaces BEFORE and AFTER making contact. I will comply with all CDC guidelines regarding social distancing and wear masks when those distances cannot be adhered
to. I agree to comply with all ITS policies and rules, including but not limited to all ITS and CDC policies,
guidelines, signage, and instructions. Because the ITS is open for use by other individuals, I recognize
that I am at higher risk of contracting COVID-19.
With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family,
spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever
release, waive, Independent Training Spot and its owners, independent contractors, affiliates,
employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims,
demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any
loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether
caused by the negligence of the Released Parties, any third-party using the ITS, or otherwise, while
participating in any activity while in, on, or around the ITS and/or while using any ITS facilities, tools,
equipment, or materials.

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all
costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees)
arising either directly or indirectly from or related to any and all claims made by or against any of the
Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or
related to my use of the ITS facilities, tools, equipment, or materials, whether caused by the negligence
of the Released Parties or otherwise specifically related to COVID-19.

By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability,
understand it and sign it voluntarily as my own free act and deed, including without limitation the
Release of Liability and Indemnification requirements contained in this document; I am sufficiently
informed about the risks involved in using the ITS to decide whether to sign this document; no oral
representations, statements, or inducements, apart from the foregoing written agreement, have been
made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full,
adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier
of Liability shall be governed by and construed in accordance with The law, and that if any of the
provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible
and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit
enforcement of the Wavier of Liability as a whole. This waiver remains in effect until the State of NY lifts
all COVID-19 related mandates and beyond in perpetuity.

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. I discharge and covenant not to sue The Independent Training Spot.This Activity Release of Liability is executed and agreed to by:

Please write (your signature) in the box below