Agreement To Participate and Assumption of Risk

By signing up for and/or attending classes, training, walking groups, events, activities, and other programs and using the premises or designated location, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of Endeavor Palm Springs LLC, dba. “Endeavor with Jase”, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness classes, walks and exercise equipment in association with the Classes, Facilities, Public Streets and Parks.

You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.

At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Endeavor with Jase’s staff, you would be at physical risk participating in Endeavor with Jase’s classes or training, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Endeavor with Jase with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Endeavor with Jase’s concerns and stating that Endeavor with Jase’s concerns are unfounded.

In consideration of being allowed to participate in and access the classes, training and designated facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Endeavor with Jase, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Endeavor with Jase’s classes, training and designated facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Endeavor with Jase’s Classes and Facilities, and should not be participating in any Classes.

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

Endeavor with Jase has put in place aggressive preventative measures to reduce the spread of COVID-19. However, there is no guarantee that you or any member/instructor of Endeavor with Jase will not become infected with COVID-19. Further, attending classes or training could increase your risk of contracting COVID-19.

You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you MAY be exposed to or infected by COVID-19 by participating in Endeavor with Jase’s Services and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the studios may result from the actions, omissions, or negligence of myself and others, including, but not limited to, studio employees, instructors, and staff.

You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with my attendance at Endeavor with Jase (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless Endeavor with Jase, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Endeavor with Jase, its instructors, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Endeavor with Jase program.

You expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.

You agree to be solely responsible for the safety and well-being of yourself.

You agree to comply with all rules imposed by Endeavor with Jase regarding the use of the designated facilities or location and equipment.

You agree to conduct yourself in a controlled and reasonable manner at all times according to the safety and general operating protocols clearly outlined by Endeavor with Jase. You also agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose.

You understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.

Miscellaneous

CONDUCT/DAMAGES: Endeavor with Jase is committed to the health, safety, and welfare of each of its clients/students and will not tolerate unreasonable, threatening, obscene, harassing, disruptive, indecent or illegal behavior. Members who do not observe Endeavor with Jase’ rules and regulations. Endeavor with Jase has the right to judge behavior and respond accordingly. Not all rules and regulations are listed in this agreement. Endeavor with Jase reserves the right to add, change or remove rules, conditions of membership, hours of operation, and all services and facilities/locations offered by Endeavor with Jase.

PHOTO/VIDEO RELEASE: You hereby grant Endeavor with Jase, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Endeavor with Jase and to use and publish these photos or videos in print and/or electronically. You agree that Endeavor with Jase may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.