The Spring Break They Deserve

LIABILITY RELEASE: I, the Guest, on my own behalf, and behalf of all others who are listed as Guests under this Agreement (including my unborn and / or minor children, and my and their personal representatives, assigns, successors, heirs, and next of kin) (collectively the “Guests”), acknowledge, recognize, and agree that the use of the equipment and the facilities of CVAC, Inc. (“CVAC”) involves a risk of physical injury, including that caused by the negligence of myself or CVAC, its agents and employees. The Guests hereby agree to assume the risk of injury in its entirety regardless of the cause. The Guests understand and agree that if they engage in any physical exercise or activity or use any CVAC facility or any of its affiliates or related entities, they do so at their own risk and assume the risk of any and all injury and / or damage while engaging in any physical exercise or activity or use any club facility on the premises. The Guests’ assumption of risk includes, without limitation, their use of any exercise equipment (mechanical or otherwise), the locker rooms, sidewalks, parking lots, stairs, pool areas, whirlpools, saunas, steam rooms, lobby areas, or any equipment at the CVAC facility. The Guests agree to assume the risk in their participation in any activity, class, program, instruction, or CVAC sponsored event. The Guests agree that they are voluntarily participating in the aforementioned activities and using the CVAC facilities and premises and assume all risk of injury, illness, damage, or loss to the Guests or their property that might result, including, without limitation, any loss or theft of any personal property, including injuries or damage that might result from the negligence of CVAC or any of its affiliates, employees, agents, representatives, successors, and assigns. Guest listed agrees on their own behalf (including their unborn and / or minor children, and their personal representatives, assigns, successors, heirs, and next of kin) to release and discharge CVAC (and our affiliates, employees, agents, representatives, contractors, successors, and assigns) from any and all claims or causes of action (known and unknown) arising out of the negligence of CVAC or any of its affiliates, employees, agents, representatives, contractors, successors and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) the Guests’ use of any exercise equipment or facilities which may malfunction or break; (b) CVAC’s improper maintenance of any exercise, facilities, or premises; (c) CVAC’s negligent instruction or supervision, including personal training; (d) Guests’ use of child care services; and (e) Guests slipping and falling while on or in the facility or any portion of the premises for any reason, including CVAC negligent inspection or maintenance of its facility. By the execution of this agreement, the Guests hereby agree to indemnify and hold harmless CVAC and its employees and independent contractors from any loss, liability, damage, or cost CVAC may incur due to their presence at the CVAC facility. The Guests further expressly agree that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. The Guests authorize CVAC or its authorized agent to consent to any medical treatment and / or hospital care (which is given to any persons listed below) under the supervision of a duly licensed physician or trained medical personnel. By signing this consent form, the Guests agree to allow those listed to participate in all CVAC activities. The Guests allow for photographs and videos to be taken, while at the club, to be used for marketing purposes. The Guests agree and understand that CVAC reserves the right to disallow guest access to CVAC’s facilities at its sole discretion for any reason whatsoever. The Guests represent and warrant that they are in good physical condition, and have nothing preventing them from engaging in active or passive exercise or from any activity or service offered by CVAC. If a provision of this agreement is held to be unenforceable, the other provisions shall remain in full force and effect. GUEST: YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELASE OF LIABILITY, AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE YOU ARE GIVING UP YOUR RIGHT TO BRING LEGAL ACTION OR ASSERT A CLAIM AGAINST CVAC FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PERMISES. YOU HAVE READ AND VOLUNTARILY SIGNED THIS WAIVER AND RELEASE & ASSUMPTION OF RISK ON YOUR OWN BEHALF AND ON BEHALF OF ANY MINORS.

COVID-19 WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT

1. I understand the hazards of the novel coronavirus ("COVID-19") and am familiar with the Centers for Disease Control and Prevention ("CDC") guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated, and I accept full responsibility for familiarizing myself with the most recent updates.

2. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in Activities.

3. I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children form whom I have the capacity contract) CARMEL VALLEY ATHLETIC CLUB, officers, directors, agents, employees and assigns (the "RELEASEES") from any liability related to COVID-19 which might occur as a result my being on the premises and participating in the Activities.

4. I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys' fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury.

5. It is my express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of California.

IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; 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 Agreement for full, adequate and complete consideration fully intending to be bound by same.