ChiRunning/ChiWalking Client Waiver
Agreement and Release from Liability
1. Voluntary Participation. I, the undersigned Participant (or if the Participant is under 18 years of age, a the Parent of Guardian of Participant), acknowledge that I have voluntarily applied to participate in a running training program, commonly known as the ChiRunning/ChiWalking Program, conducted by Lloyd Henry (â€œInstructorâ€). The Instructor is certified to conduct the ChiRunning/ChiWalking Program by ChiLiving, Inc. (â€œCorporationâ€), but the Instructor is in no other way affiliated with the Corporation. The Corporation is not conducting the training program and other than this release has no contractual relationship with the Participant.
2. Definition of Injury. For purpose of this Agreement, the word â€œinjuryâ€ shall include, but not be limited to, heart attacks or other heart related damage, stroke, muscle strains, pulls or tears, broken or fractured bones, shin splints, heat prostration, knee, lower back, foot injuries, joint inflammation or other joint damage, and any other mental or physical damage, or death, or disability claimed to be caused by the activities involved in the ChiRunning/ChiWalking Program. â€œActivities involved in the ChiRunning/ChiWalking Programâ€ also includes any injuries sustained while preparing for the chirunning Program, or after participation in the ChiRunning/ChiWalking Program.
3. Scope of ChiRunning/ChiWalking Program. For purposes of the Agreement, the term â€œChiRunning/ChiWalking Programâ€ shall mean the physical and mental activities outlined in the Corporationâ€™s and Instructorâ€™s marketing materials, which â€œmaterials: shall be considered to be either written, described by staff, or as observed in actual classes or as covered on the websites of the Corporation and the Instructor. The ChiRunning/ChiWalking Program involves the use of stretching, bending, joint and other body manipulation of a physical nature and running.
4. Participantâ€™s Acceptance of the Risk of Injury. The Participant has read and thoroughly understands the broadness of the definition of â€œinjuryâ€ and hereby states that the definition in Section 2 is not intended to be the exclusive definition due to the unpredictable nature of harm that may occur to the Participant in the ChiRunning/ChiWalking Program. Being fully aware of the potential for injury, the Participant nevertheless agrees to accept such risks as the sole responsibility of the Participant.
5. Waiver of Claim of Negligence. The Participant understands that the risk of injury may be due to an act, which could arguably, be due to a claim of negligence on the part of the Corporationâ€™s and/or Instructorâ€™s staff, employees, or officers. However, the Participant understands and agrees that the unpredictability of injury occurring due to perceived negligence on the part of any of the Corporationâ€™s and/or Instructorâ€™s staff, employees, or officers.
6. Consultation with Medical Personnel. The Participant acknowledges that the Instructor advised the Participant to discuss the ChiRunning/ChiWalking Program with competent medical counsel to determine if the medical counsel approves the participation of the Participant in the ChiRunning/ChiWalking Program. If medical counsel suggests any limitation on any participation, the Participation is under an affirmative duty to provide written notice of such caution on the part of the Participantâ€™s medical counsel. If no medical consultation was sought, the Participant shall provide the Instructor with a written statement so stating. Further, if the Participant has any known conditions that would limit participation in the ChiRunning/ChiWalking Program, the Participant has an affirmative duty to notify the Instructor of such limitation prior to taking part in any ChiRunning/ChiWalking Program of any type.
7. Mandatory Arbitration. The Participant fully understands that if the Participant disputes any of the terms of this Agreement, after having signified acceptance by signing below, that reasonable efforts shall be made to resolve the dispute. However, if the parties are unable to reach a conclusion to the dispute, each party shall choose an arbitrator who is a member of a recognized national association of arbitrators, and such arbitrators shall choose an additional arbitrator, who is a member of a professional association of arbitrators, and such additional arbitrator shall decide the matter. Each party shall bear their own cost of arbitration.
8. Governing Law. This Agreement shall be governed by the laws of the District of Columbia.
9. Knowing and Voluntary Execution. I HAVE CARFULLY READ THIS RELEASE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN ME, LLOYD HENRY AND CHILIVING, INC. AND SIGN IT OF MY OWN FREE WILL.
I understand the hazards of the novel coronavirus ("COVID-19") and I am familiar with the Centers for Disease Control and Prevention ("CDC"), World Health Organization ("WHO"), and my local government's 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, WHO and local government guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates.
I understand the risks associated with COVID-19, which I readily acknowledge, and I hereby willingly choose to participate in the swim clinic/lessons with OnPoint Fitness.
In addition, the undersigned agrees to release, discharge, hold harmless and indemnify OnPoint Fitness, its officers, agents, employees, insurers, host facilities, any individuals supervising the clinic/workshop/lesson, and any others acting on OnPoint Fitness’ behalf (the Releasees) of and from any and all claims, demands, causes of action, and/or legal liabilities for injuries to or death of the undersigned occurring during, or resulting from, or participation in the above-mentioned swim clinic/lessons, and other activities related thereto, and are related in any way to COVID-19, even if the cause, damages or injuries are alleged to be the fault of or alleged to be caused by the negligence or carelessness of the Releasees.
PHOTO RELEASE FORM
I grant permission to OnPoint Fitness (the Company) and its agents or employees, to use photographs taken of me for use in publications such as recruiting brochures, newsletters, and magazines, and to use the photographs on display boards, and to use such photographs in electronic versions of the same publications or on OnPoint Fitness web sites or other electronic forms or media, and to offer them for use or distribution in other non-Company publications, electronic or otherwise, without notifying me.
I hereby waive any right to inspect or approve the finished photographs or printed or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the photograph.
I hereby agree to release, defend, and hold harmless OnPoint Fitness and its agents or employees, including any firm publishing and/or distributing the finished product in whole or in part, whether on paper or via electronic media, from and against any claims, damages or liability arising from or related to the use of the photographs, including but not limited to any misuse, distortion, blurring, alteration, optical illusion or use in composite form, either intentionally or otherwise, that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution.
I am 18 years of age or older and I am competent to contract in my own name. I have read this release before signing below, and I fully understand the contents, meaning and impact of this release. I understand that I am free to address any specific questions regarding this release by submitting those questions in writing prior to signing, and I agree that my failure to do so will be interpreted as a free and knowledgeable acceptance of the terms of this release.
Date Participant Signature
Participant Printed Name
WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release and waive any and all rights, claims, and actions for damages that we, our heirs, executors, administrators, and assigns may have, or that may hereafter accrue against any and all persons, organizations, and other entities associated with the event, including, but not limited to Race Entry, On Point Fitness, sponsors, affiliates, volunteers, ChiRunning Workshop, and individual ChiRunning Workshop organizers, arising out of or in connection with my involvement before, during, or after the event.
I verify that I am physically fit and sufficiently trained to participate in this event and I assume the risks involved in this activity. I further attest that I will be mindful of traffic along the race course, and hold said sponsors and organizers blameless in any harm that may happen.
I also acknowledge understanding that the charge to my card will show up as Race Entry. I acknowledge that the online processing fees and charitable donations are non-refundable. I also acknowledge that any charitable donations will have 4.97% withheld from the donation to pay credit card and administrative costs.
Race Entry and its partner On Point Fitness shall not be liable to you for any direct, indirect, special, incidental, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible loses. Race Entry and its partner On Point Fitness does not guarantee the completeness or accuracy of any information contained in, or provided in conjunction with the http://www.raceentry.com website. Race Entry and its partner On Point Fitness is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Race Entry and its partner On Point Fitness facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.
You agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Race Entry and its partner On Point Fitness relating to this Agreement and Waiver resides in the courts of Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Utah in conjunction with any such dispute including any claim involving Race Entry and its partner On Point Fitness.