Jenn Kettles Studio, L.L.C.

Terms of Use and Liability Waiver

This Terms of Use and Waiver of Liability (“Agreement”) is between Jenn Kettles Studio, L.L.C. (“The Company”) located in Atlanta, GA or its successors or assignees and all participants of the studio (“Member”) as identified also by name and address in this Agreement, and collectively referred to as the Parties (“Parties”). By signing this Agreement, Member agrees that Member shall be bound by this Agreement, any Membership Contract they may be a party to and the rules that may be posted at a The Company Gym Facility (“Facility”) or otherwise provided at any other location, as now in effect and as may be amended by The Company. Member also represents and warrants that Member is 18 years of age or older and that all facts and information set forth above and/or in the Agreement are true, correct, and complete.

General

Member is joining The Company or otherwise participating in The Company services including, but not limited to, scheduled fitness classes or personal training sessions (collectively referred to as “Services”). Services may be offered at a designated Facility or third-party location. The Company reserves the right to add or eliminate locations, facilities, and Services available to Member. The hours of operation for any Facility and the hours available for particular Services will be set by The Company and may be changed at any time in its sole discretion. The Company is not required to continue using any particular Facilities, Services, or equipment as part of its contractual obligations and may discontinue, change or modify the same in its sole and absolute discretion. The Company expressly reserves the right to add, eliminate, or alter any program, equipment, furniture, or fixture when deemed necessary or desirable in its sole discretion. The information in this Agreement is the property of The Company and its subsidiaries. Membership does not confer on Member any ownership in The Company or any of its property.

Health Representations and Agreements

Member represents that Member is in good physical condition and has no medical reason or impairment that might prevent Member from participating in any Services or use of The Company’s Facilities. As such, Member acknowledges that The Company has not given Member any medical advice before joining The Company or participating in any Services and cannot give Member any medical advice after Member joins The Company or participates in any Service, whether related to Member’s physical condition and ability to use the Facilities and Services of The Company or otherwise. Member acknowledges and agrees that Member has had an opportunity to ask questions about The Company Services. The Company recommends that Members consult with their physician before engaging in or using The Company Services.

Emergency Medical Care

Member grants The Company, its employees, agents, or contractors’ permission to administer basic first aid and/or cardiopulmonary resuscitation (“CPR”) and to use Automated External Defibrillators (“AED”) in case of emergency. Member authorizes emergency transport and authorizes the sharing of medical information with medical personnel as deemed necessary in The Company’s sole discretion to assist medical personnel in treating Member. Member agrees to assume all costs associated with any emergency medical care or transport.

Liability for Personal Property

The Company is not liable to Member, or any of Member’s guests or invitees, for any personal property that is damaged, lost, or stolen while on or around The Company’s Facility or any premises in which Services are offered including, but not limited to, a vehicle or its contents or any property left in a locker, cubby, or generally within any facility or compartment. If Member, any of Member’s guests or invitees cause any damage or destruction to The Company’s facilities, equipment, furniture, or fixtures located thereon or those facilities, equipment, furniture, or fixtures belonging to any third-party where The Company is providing Services, Member is liable to The Company or such third-party for its cost of repair or replacement and any disruption to business, including lost revenue reasonably attributed to such damage or destruction.

Permission for Use

Member voluntarily agrees to opt-in to the The Company email list. Member understands that they have the option to unsubscribe at any time. Photos or videos may be taken for identification, social media, and advertising purposes. Member grants The Company an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to the use of Member’s image and to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such photos or Video of Member to provide and/or promote the The Company, in any media, platform, or other distribution materials including, but not limited to, website, social media sites, newsletters, blogs, or other marketing materials. Should Member prefer not to be photographed or recorded, Member will submit a request in writing to The Company which will be placed in Member’s file for future reference.

Rules and Regulations

Member agrees to follow The Company’s membership policies and Facility rules governing the use of The Company equipment, facilities and the Member’s participation in programs and services whether at a The Company Facility or third-party location where Services are provided (the “Rules and Regulations”). The Company may, in its sole discretion, modify, amend, or supplement the Rules and Regulations at any time without notice. All signs posted at a Facility or on the premises or verbal communication shall be considered part of the Rules and Regulations of The Company. The Company reserves the right to terminate Member’s membership for failure to follow the Rules and Regulations.

Sign In: Members are required to sign in at the front desk at the beginning of each visit.

Class or by Appointment only: The Company does not provide an “Open Gym” Facility. Members may use the facilities only during scheduled classes, scheduled events or by appointment. Operating hours and current class schedules are listed on our website [jennkettles.com] and are posted at the The Company Facility. The Company reserves the right to change operating hours and/or class schedules at its sole discretion without any effect to this Agreement.

Cell Phone Usage: Out of respect for other Members and their workout experience, please silence your phones and refrain from cell phone use while at The Company Facilities.

Guests: For safety reasons, Members may not bring nonmember Guests to The Company for any reason other than demonstration of classes or services for prospective membership.

Attire: For safety and hygiene reasons, Members must wear proper athletic attire, including shirts, pants/shorts, and footwear (no sandals, or flip-flops are permitted) during a The Company class or other service.

Care of Equipment: For the health and personal hygiene of Members, it is requested that all equipment be wiped down at the The Company Facilities after each use. Return weights and all other accessories to their proper location when finished. This care makes it easier for the next Member to find the equipment and prevents tripping and other injuries.

Lost and Found: The Company is not responsible for personal items lost, left, or stolen. Please report any lost or found items immediately to staff. Any items found at a The Company Facility will be kept for thirty (30) days and then donated or discarded.

Lockers: Day lockers or cubby spaces, which may be made available, are for use while Members are exercising in the Facility at no charge. If lockers are available, all valuables should be locked in a locker while Members are utilizing any The Company Facility. The Company is not responsible for Member belongings while in the Facility. If no lockers are provided, Member is solely responsible for ensuring that their valuables are secured or monitored by some other means or not brought to the Facility or any other location where The Company is providing Services.

Towels: Towels are available at the front desk. Used towels should be placed in the hamper at the front desk.

Amenities: Amenities in the locker rooms include hair dryers, towels, and soap. These items are supplied for your convenience and should not be removed from the locker rooms. Please help maintain a clean environment for those using the sink and grooming areas after you.

Injuries: Any Member who sustains an injury while exercising at a The Company Facility, no matter how minor, must notify a staff member immediately. In addition, Members who experience an injury or change in health status outside of the Facility should inform the staff upon returning to the Facility or for any other Services.

Prohibited Items and Activities

In the case of the below described prohibited activities or items, The Company may elect to eject the Member or any other third-party from any The Company Facility or location where Services are provided, terminate, or suspend Memberships or refuse any and all Services without refund.

Conduct: The Company is committed to the health, safety, and welfare of each of its members and staff and will not tolerate or permit unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. The Company has the right to judge behavior and respond accordingly.

No Alcohol, Drugs, or Smoking: Unless The Company has a sponsored event and expressly permits otherwise, Member is not permitted to engage in any activity at any Facility or any location where The Company Services are provided while under the influence of illegal drugs or alcohol. The Company does not permit smoking or illegal drugs, including steroids, in any of its facilities or at any location in which Services are provided. Alcohol may only be consumed when expressly permitted.

No Weapons: No weapons of any kind are permitted at any Facility or any location where The Company Services are provided.

No Video Recording or Photography: You may not video record or photograph other people at any Facility or location where The Company Services are provided without that person’s prior consent. Absolutely no photography or video recording of any childcare areas, locker rooms, bathrooms, steam rooms, sauna areas, or any other location where there is a child, another person may appear nude or partially clothed, or has a reasonable expectation of privacy.

Food & Beverages: The Company reserves the right to limit the consumption of food or beverages in workout areas. Water or sports drinks may be consumed from closed containers with lids. All other food or beverage is prohibited.

Personal Training: No Member may train another Member, whether for compensation or for free. If The Company determines that such training has, is, or will be occurring at any The Company Facility or any other location where The Company is providing Services at that time, The Company may eject the would-be trainer and/or trainee and may terminate or suspend their Memberships or access to and participation in any Services.

Outside Equipment: The Company reserves the right, in its sole discretion, to limit or restrict the use of outside equipment at any The Company Facility or any other location where The Company is providing Services.

Steroid Warning

Use of steroids to increase strength, growth, or stamina or to aid in recovery can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause heart disease, stroke, and damage liver function. Men and women using steroids may develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. There are also civil and criminal penalties for the unauthorized sale, use, or exchange of anabolic steroids.

Assumption of the Risk

Member voluntarily engages in the services offered by The Company, which may include, but are not limited to, aerobic exercise, the use of weights and strength training, yoga exercises and other physical activities. Member has been informed and is aware that during his or her participation, Member will be asked to complete physical activities. It is Member’s responsibility to notify trainers if symptoms such as fatigue, discomfort or similar occurrences appear. Member understands that it is their responsibility to ask trainers for modifications when needed and that it is Member’s responsibility to notify trainers immediately if any new symptoms or injuries occur. When participating in classes off site where there is no trainer present (for example, at home participation via an on-demand class), it is Member’s responsibility to modify as needed or stop if symptoms such as fatigue, discomfort, injury, or similar occurrences appear.

Member acknowledges that the use of The Company’s Facilities or third-party facilities, equipment, merchandise, Services (including off site and at home participation) and programs (including personal training) involves an inherent risk of personal injury, serious disabling injuries, and medical disorders including, but not limited to, torn muscles and ligaments, sprains, broken bones, concussion, illness, heart attacks, strokes and, in extreme situations, the possibility of death. Member acknowledges that the use of The Company’s facilities or third-party facilities involves the inherent risk of accidental injuries or damages, destruction, or theft of personal property occurring anywhere on or around those premises, without limitation, including locker rooms, showers, sidewalks, and parking lots. Member also recognizes that it is not possible for The Company to specifically list each and every individual injury risk or property risk. Knowing and appreciating those risks, member voluntarily agrees to assume all risks of injury, disability and even death, which could occur or arise from member’s or others supervised or unsupervised use of exercise equipment, machines at a The Company Facility or by participation in any Services offered by The Company including personal training services and off site and at home participation.

Waiver of Liability

General Waiver.

Member agrees that The Company and its owners, officers, directors, members, employees or agents, administrators, insurers, successors and assigns (collectively referred to as “Affiliates”) along with any third-parties and their Affiliates who provide facilities or services in conjunction with The Company, shall not be liable for any injury, including, without limitation, personal, bodily, or mental injury, disability or death to member resulting from the negligent conduct or omission of The Company related to exercise or not, for example, warm-ups, class participation (which can be on or off site, including at home participation via live or on demand classes), shower and locker room use, use of outdoor sidewalks and parking lots on the premises.

This waiver of liability applies whether injury or damages are caused by any ordinary negligence of The Company and its Affiliates or those caused by the intentional, reckless, or negligent conduct of any other member or any third-party, including, but not limited to guests, visitors, invitees, contractors, passersby, and strangers.

Member further understands and acknowledges that (a) The Company does not manufacture fitness or other equipment or products available in its Facilities, but purchases and/or leases equipment and (ii) The Company does not manufacture any vitamins, food products, sports drinks, nutritional supplements, or other products sold at its Facilities; accordingly, neither The Company nor any of its Affiliates shall be held liable for any equipment or products which are defective due to manufacturer negligence.

COVID-19 and Other Infectious Diseases Waiver.

Member understands and acknowledges the contagious nature and dangers of the Coronavirus (COVID-19) and other infectious diseases (“Diseases”). Member further acknowledges that The Company has put in place preventative measures such as ventilation, sanitation, capacity limits and the requiring of masks for non-vaccinated members or other measures as The Company sees fit to reduce the spread of Diseases. Member understands and acknowledges that despite all precautions that Members and The Company may take, The Company cannot guarantee the Member’s health or safety, and they may still be exposed to a Disease. By executing this Liability Waiver and gaining access to the The Company studio and its classes, Member:

Voluntarily assumes all the risks associated with any exposure to COVID-19 and other Diseases, including but not limited to, suffering any type of medical condition, illness and potentially death; and
Knowingly and voluntarily waives, releases, covenants not to sue, forever indemnifies, and holds harmless The Company, and their respective officers, directors, employees, contractors, agents, representatives, successors, and assigns from any and all liability, damages, losses, suits, demands, causes of action, or any other claims of any nature arising out of or relating in any way to Member’s use of the studio and their potential exposure to COVID-19 or any other Disease.

Fully vaccinated members (including boosters) may remove their masks when practicing indoors. If this proof cannot be provided, members must wear their masks for the entirety of class. This could be subject to change as The Company sees fit.

Indemnification

Member or Member’s estate or personal representative agrees to hold harmless The Company, its Affiliates, and third-parties and their Affiliates who provide Facilities or Services from any and all claims, causes of action or suits, in law or in equity, demands, judgments, accounts, damages, or executions of any nature (“Claims”) that member has or may have against them arising out of or in any way relating to Member’s use of The Company or third-party Facilities, surrounding areas or Services (including off site services), including harm caused by another Member, guest, or unassociated third-party who may be present at any location where The Company provides Services.

Member or Member’s estate or personal representative agrees to indemnify and defend (at The Company’s option) against Member’s spouse, guests, unborn child, heirs, executors, administrators, trustees, agents or assigns, or relatives (“Member’s Affiliates”) and other third parties from any and all claims (as defined above) that they have or may have against The Company, its Affiliates and third parties and their Affiliates in any way relating to Member’s use of The Company or third parties’ Facilities, surrounding areas or Services (including off site services, for any reason including the intentional, negligent or reckless conduct of Member.

Third Parties on Site

Member acknowledges that any The Company Facility or location where The Company Services are offered may be shared with another business or person conducting business at any time. In such a case, The Company shall not be affiliated with and will not endorse any products or services that may be offered by any such business or person. Any use of a third party’s products or services by Member is entirely separate from any relationship that Member has with The Company. Accordingly, Member acknowledges and agrees that The Company will not be liable for any damages or injuries as contemplated in this agreement in its entirety, whether specifically identified or implied, associated with Member’s use of a third parties’ products or services that are not expressly offered by The Company.

Entire Agreement

Member agrees that this Agreement, along with any Membership Contract and the Rules and Regulations posted at any The Company Facility encompasses the entire agreement of the parties and supersedes all previous understandings and agreements between the parties, whether oral or written. Member hereby acknowledges and represents, that by signing this agreement they have not relied on any representation, assertion, guaranty, warranty, collateral contract, or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement. Member hereby waives all rights and remedies, at law or in equity, arising or which may arise as the result of a party’s reliance on such representation, assertion, guarantee, warranty, collateral contract, or other assurance, provided that nothing herein contained shall be construed as a restriction or limitation of Member’s right to remedies associated with the gross negligence, willful misconduct or fraud of any person or party taking place prior to, or contemporaneously with, the execution of this Agreement.

Headings

The headings in this Agreement are for convenience and reference only and do not constitute a part of this Agreement.

No Class or Collective Action

Parties agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, will be arbitrated or, in the alternative if arbitration is not available, be resolved per Section 17 (“Governing Law and Venue”), solely on an individual basis, and that this Agreement does not permit class or collective arbitration or lawsuits.

Arbitration

Before any arbitration proceeding, Parties agree to first attempt a good faith negotiation to settle any disagreements. Specifically, for at least thirty (30) days before engaging in any arbitration proceedings, the Parties will work in good faith to come to an agreement between them about any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement. During any pre-arbitration negotiation, the Parties shall agree that all offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including evidence of liability, in arbitration or other proceeding involving the parties. Any matters that cannot be resolved during a pre-arbitration negotiation shall be determined by arbitration in Santa Clara County, California before one arbitrator. The arbitration shall be administered by Judicial Arbitration and Mediation Services (“JAMS”) pursuant to JAMS’ Streamlined Arbitration Rules and Procedures without respect to any rules providing for class arbitration. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Governing Law and Venue

The governing law is the law of the State of California without giving effect to any choice or conflict of law provisions. In the event a matter is not resolved by arbitration, or a final judgment from an arbitration proceeding needs to be filed with a court, the venue will be a court of competent jurisdiction in Santa Clara County. The parties irrevocably and unconditionally waive any objection to venue of any suit, action, or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.

Severability

Should any portion of this Agreement be deemed illegal, void, or unenforceable by any court or other governing body with the authority to make such determinations, then the remaining portions of this agreement shall remain in full force and effect.

Survival

All provisions will survive the termination of this Agreement, unless they are individually determined to be invalid, illegal, unconscionable, or unenforceable in any applicable jurisdiction.

I have carefully read this Agreement and understand its contents. I am aware that I am relinquishing substantial legal rights, including the right of financial recovery for injury, whether the injury results from the inherent risks of the activity or from the ordinary negligence of The Company. I agree that my participation in all activities at The Company Facilities or off site (including at home participation via live or on demand classes) is voluntary and that I am voluntarily signing this Agreement with the full intent of releasing The Company from liability.

Member Signature

_____________________________________________________________ Date: _______________

__________________________________________ __________________________ ___________________

Emergency Contact Phone Number Relationship

Waiver of Liability

General Waiver.

Member further understands and acknowledges that (i) The Company does not manufacture fitness or other equipment or products available in its Facilities, but purchases and/or leases equipment and (ii) The Company does not manufacture any vitamins, food products, sports drinks, nutritional supplements, or other products sold at its Facilities; accordingly, neither The Company nor any of its Affiliates shall be held liable for any equipment or products which are defective due to manufacturer negligence.

COVID-19 and Other Infectious Diseases Waiver.

Voluntarily assumes all the risks associated with any exposure to COVID-19 and other Diseases, including but not limited to, suffering any type of medical condition, illness and potentially death; and
Knowingly and voluntarily waives, releases, covenants not to sue, forever indemnifies, and holds harmless The Company, and their respective officers, directors, employees, contractors, agents, representatives, successors, and assigns from any and all liability, damages, losses, suits, demands, causes of action, or any other claims of any nature arising out of or relating in any way to Member’s use of the studio and their potential exposure to COVID-19 or any other Disease.

Member Signature__________________________________________________ Date: _________________________

Coronavirus and other Infectious Disease Liability Release and Assumption of the Risk

Due to the outbreak of the novel Coronavirus, COVID-19, The Company Studios is taking extra precautions with the intake of each member, health history review, as well as sanitization and disinfecting the studio. Please complete the following and sign below.

Symptoms of COVID-19 Include:

Fever

Confusion

Fatigue

New Widespread Muscle Pain

Dry Cough

Headaches

Difficulty Breathing

Red or Purple Toes

Chills

Loss of Taste and Smell

Nausea or Vomiting

Bruising, Redness, Swelling or Cramping in lower legs and feet.

Diarrhea

Sore Throat

I, __________________________________ (referred to as “I”) desire to participate in a workout class (the “Activity”) provided by The Company Studios (the “Company”) at [Address of The Company Studios] (the “Facility”). I represent and agree to the following:

I understand and am aware of the highly contagious nature of COVID-19 and other infectious diseases (the “Disease[s]”) and the risk that I may be exposed to or contract the Disease by being on the Facility and engaging in the Activity, which may result in illness, temporary or permanent disability, and death.
I understand the above symptoms and affirm that I, as well as all household members, do not currently have, nor have experienced the symptoms listed above within the last 14 days.
I affirm that I, as well as all household members, have not been diagnosed with COVID-19 within the last 30 days.
I affirm that I, as well as all household members, have not knowingly been exposed to anyone diagnosed with COVID-19 within the last 30 days.
I affirm that I, as well as all household members, have not traveled outside of the country, or to any city outside of our own town that is or has been considered a “hot spot” for COVID-19 infections within the last 30 days.
I understand that while the Company has implemented measures to reduce the spread of Diseases, the Company cannot guarantee that I will not become infected with Diseases while on the Facility or during my participation in the Activity and that being on the Facility and engaging in the Activity may increase my risk of contracting a Disease.
I understand that The Company Studios and their instructors cannot be held liable for any exposure to the Diseases, virus, or any other contagion caused by misinformation on this form.
I understand that the Company and their instructors agree that they abide by these same standards and affirm the same.

Despite these risks, by signing below, I acknowledge that I am voluntarily accessing the Facility and participating in the Activity with the knowledge of the dangers involved. I hereby agree to accept and assume all risks of illness, disability and/or death whether caused by the Company or otherwise and release the Company and their instructors from any and all liability for the unintentional exposure to harm due to any Disease.

Member Signature __________________________________________________ Date: ___________________