Waiver

In consideration of the fee paid participant understands that there is a risk of personal injury in the course of instruction and, with this knowledge, agrees to assume the risk of any injury and damages to participant during classes.

Specifically, participant agrees to hold harmless evofit and all other individuals, organizations, sponsors, promoters, operators, hosts, instructors, associations, schools, owners, officials, directors, employees and other participants connected with the event from all losses, damages, injuries, causes of actions, claims, or complaints in the event that the participant is damaged or injured in any way during the participation, instruction and/or performance of any exercise or during any activity associated with the event location or during transit to or from the event.

Participant further agrees to strictly obey instructors and observe safety rules.

Because of the physical demands of training, participant understands that he/she must be in good physical condition to participate in class. Participant understands that in case of injury, the only medical treatment evofit will provide is first aid.

Participant agrees that any pictures, audio, or visual recordings taken of him/her can be used for publication, promotion, articles, shows and advertisement without additional consent and without compensation at this time or any other time.

I have read and understand this release and agreement and agree to its provisions. I am not under their influence of any drugs, alcohol, or other intoxicants. I am not suffering from any illness or incapacity. I am over 18 years of age. (If not over 18 years of age, parent or guardian must sign.)

COVID-19 User Agreement

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. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in fitness training offered by L & M Enterprise, LLC dba evofit (hereinafter “evofit”), dba evofit (hereinafter “evofit”) I will follow the applicable laws and guidelines during the event and my time on the premises.

I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the evofit premises or from using the Evo Fit Facility and participating in the training offered by Evo Fit and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Evo Fit, its officers, owners, insurers, agents, employees, contractors, and assigns from any liability related to COVID-19 which might occur as a result my being on the Evo Fit premises, using the Evo Fit Facility, using the Evo Fit equipment, and/or participating in any training offered by Evo Fit.

I shall indemnify, defend and hold harmless the evofit its officers, owners, insurers, agents, employees, contractors, and assigns 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. 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 Evo Fit its officers, owners, insurers, agents, employees, contractors, and assigns. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of Ohio.

I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT THE PERMISSION GRANTED BY L & M ENTERPRISE, LLC DBA EFW ITS OFFICERS, OWNERS, INSURERS, AGENTS, EMPLOYEES, CONTRACTORS, AND ASSIGNS TO BE ON PREMISES, TO USE THE EFW FACILITY AND EQUIPMENT, AND TO PARTICIPATE IN THE TRAINING OFFERED BY Evo.

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.