In consideration of me being permitted to participate in any way in the program and activities prescribed by Lexie Zaniewski and Mission Mama, LLC. I agree:
1. I understand the nature of Strength and Conditioning, Personal Training, Pre and Postnatal Exercise or Group Fitness activities and believe I am qualified to participate in such Program and Activities. I further acknowledge that it is my own responsibility as the participating party to receive medical clearance for full participation in all involved training and exercise activities or programs.
2. I acknowledge that I am aware the activity will be conducted either in person or over the internet and executed at the gym Mission Mama, LLC. or at a facility of my choosing (virtual only). I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the activity.
3. I FULLY UNDERSTAND THAT: (a) Strength and Conditioning, Personal Training, Pre and Postnatal Training and Group Fitness Training activities involve risks and dangers of SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH ("Risks"); (b) these Risks and dangers may be caused by my own actions, or inaction's, the actions or inaction's of others participating in the Program and Activity, the condition in which the Activity takes place, of THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be other risks and social and economic losses either not known to me or not readily forseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred as a result of my Participation in the Program and Activity.
I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS Lexie Zaniewski, Mission Mama, LLC. , any respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises on which the Program and Activity takes place (each considered one of the "Releasees" herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the "Releasees" or otherwise, including negligent rescue operations and further agree that if, despite this release, I, or anyone on my behalf makes a claim against any of the Releasees named above, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE OR COSTS ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THAT THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
4. Mission Mama, LLC. is not responsible for any lost, damaged or stolen items. Please keep track of your belongings.
5. Mission Mama, LLC. has a NO Bullying/Hazing/Harrassing Policy. Any Adult or Child seen Bullying/Hazing/Harrassing another will be asked to leave the premesis immediately and is NOT entitled to a refund. Mission Mama, LLC. maintains the right to TERMINATE MEMBERSHIP of offending parties & ask that they not return to Mission Mama, LLC.
CHILD PARTICIPATION WAIVER
I FULLY UNDERSTAND THAT I AM SOLELY RESPONSIBLE for the supervision & safety of my child during our time at Mission Mama, LLC. and must remain on site at all times.
Participation Agreement, Liability Waiver, and Hold Harmless Agreement, and as parent or legal guardian of the child (or children) whose name is set forth above (each referred to as a “Participant” and collectively referred to herein as the “Participants”) and in consideration of the Participants being permitted to participate in any & all Activities including infant play equipment use, toddler play area use, childrens exercise classes, mother's/adult exercise classes conducted by Mission Mama, LLC, located at 115 Washington Street West Warwick RI 02893 agree as follows:
Activities – Activities shall be defined as the various activities and services offered to Participants by Mission Mama, LLC. I understand that the employees of Mission Mama, LLC are not responsible for Participants who utilize the space and it is the responsibility of the undersigned individual to supervise any minors they bring into the facility.
COVID-19 WARNING. An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying medical conditions are extremely vulnerable.BY VISITING MISSION MAMA, LLC, YOU VOLUNTARILY ASSUME ALL RISKS RELATED TO COVID-19.
ASSUMPTION OF RISK – In addition to the inherent risk of exposure to COVID-19, I also understand that the Activities entail the risk of severe bodily injury to the Participants. Injuries that could result may vary, but may include (a) minor injuries such as scratches, bruises and sprains; (b) major injuries such as eye injury or loss of sight, joint or back injuries and concussions; and (c) catastrophic injuries, including paralysis and even death.I understand that, Mission Mama, LLC cannot eliminate all risks or guarantee the safety of the Participants while Participants participate in the Activities. I have made my own investigation of these risks, understand these risks, and assume them knowingly and willingly on behalf of myself and my minor Participant child. Notwithstanding these risks and other hazards that may be foreseeable but not specifically identified herein, I, for myself and any minor Participant child, and our respective heirs, personal representatives and assigns, understand, acknowledge, and expressly and voluntarily assume all risks and full responsibility for any sickness or injury arising out of or related to the Activities.
RELEASE, DISCHARGE & AGREEMENT NOT TO SUE – I, for myself and any minor Participant child and our respective heirs, personal representatives and assigns, do hereby release, discharge and agree not to sue Mission Mama, LLC or its managers, members, employees and/or other agents, for any sickness, injury to or death of any Participant arising, directly or indirectly, from participation in the Activities. This release, discharge and covenant not to sue shall relate to any and all claims or legal rights now existing or arising in the future, including claims and legal rights arising out of any negligence of Mission Mama, LLC and/or its managers, members, employees and/or other agents and any other breach of a legal duty arising out of common law, statute, contract or otherwise.
Indemnification And Hold Harmless – I agree to indemnify Mission Mama, LLC and hold Mission Mama LLC harmless from, without limitation, any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees and costs, incurred due to claims brought by any party as a result of or arising out of my or my minor Participant child’s involvement in the Activities and agree to reimburse Mission Mama, LLC for any such costs, expenses and fees as they are incurred.
PHOTO RELEASE
I grant Mission Mama, LLC. permission to use any photographs, video, or sound bites obtained of me or any minor Participant child at Mission Mama, LLC facility for any legal use including but not limited to: publicity, advertisement and web content. I understand that no royalty or other compensation shall be payable to me or the minor Participant by reason of such use.
PARENT OR LEGAL GUARDIAN CERTIFICATION AND CONSENT
I hereby certify that I am the parent or legal guardian of the minor Participant children whose name(s) appear below, and I have authority to waive rights on behalf of the minor Participant(s). I have read and I understand all of the provisions of this document and the risks of the Activities. I understand that the Activities could cause injury and even death. I acknowledge that I have read and understand the terms of this document and I am freely and voluntarily signing this document. This Participation Agreement, Liability Waiver, and Hold Harmless Agreement has no expiration date.
