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Liability waiver
General Acknowledgement
I have agreed to participate voluntarily in a, online and/or in person program of physical exercise, including, but not limited to, strength training, flexibility development, and aerobic exercise (“Activities”), under the guidance of Cycle Ave., its authorized agents, employees, and contractors.
Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation;

Acknowledgement of Health
I declare myself physically and mentally sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in online training sessions or my use of Equipment (as defined below) and any classes/workouts performed at Cycle Ave. I acknowledge I have been informed of the need for a physician’s approval for my participation in an exercise/fitness activity or in the use of Equipment. I recognize it is my sole responsibility to obtain an examination by a physician prior to involvement in any exercise program. I acknowledge I have either had a physical examination and been given my physician’s permission to participate, or if I have chosen not to obtain a physician’s permission prior to beginning this online exercise program, I acknowledge I am doing so at my own risk.

Equipment (for zoom classes)
I will provide the equipment or machinery to be used in connection with the online training and Activities, including, but not limited to, bikes, benches, dumbbells, barbells, and similar items (“Equipment”), and I will have control over the area in which I perform the online Activities. I represent and warrant all Equipment I provide for the online virtual classes (“My Equipment”) is for personal use only. Cycle Ave. has not inspected My Equipment and has no knowledge of its condition. I understand I take sole responsibility for My Equipment. I acknowledge that My Equipment may malfunction and/or cause Injuries and Changes (as defined below) and that I take sole responsibility to inspect any and all of My Equipment.

Assumption of Risk
I understand and am aware that Activities, including the use of My Equipment, are potentially hazardous activities. I acknowledge the possibility that injuries and physical and mental changes (“Injuries and Changes”) arising during and/or resulting from engaging in Activities does exist. Injuries and Changes include, but are not limited to, abnormal blood pressure, fainting, disorders in heartbeat, heart attack, and, in some instances, death. I understand Injuries and Changes could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life

I am voluntarily participating in Activities and using My Equipment with knowledge of the dangers involved. I understand and take sole responsibility for any and all Injuries and Changes that may occur to myself and/or others related to any and all Activities associated with the online training and Activities, even if not specifically set forth in this document, whether or not they fall within the scope of reasonably foreseeable injuries related to such Activities. Although Cycle Ave. will take precautions to ensure my safety, I understand that due to the nature of online training, Instructor does not have the ability to supervise, monitor or observe my participation and safety. I expressly assume and accept sole responsibility for my safety and for any and all Injuries and Changes that may occur.

Waiver and Release of Liability
In consideration of my ability to participate in the online training and in studio classes, and in consideration of Cycle Ave.’s agreement to instruct, assist, and train me, I hereby agree to hold harmless Cycle Ave., its respective representatives, executors, agents, and assigns from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected to my participation in any and all Activities, use of My and/or Cycle Ave. Equipment, use of the facilities and surrounding areas, or any and all acts or omissions, including negligence by Cycle Ave. and its representatives. This waiver and release of liability includes, but is not limited to, (a) Injuries and Changes to myself and/or others that may occur as a result of (i) My or Cycle Ave. Equipment that may malfunction or break; (ii) any and all defects, latent or apparent, in the design or condition of My or Cycle Ave. Equipment; (iii) any and all slips, falls, or dropping of Equipment; (iv) any and all improper maintenance of My or Cycle Ave. Equipment or facilities; (v) any hazardous condition that may exist on the premises, including, but not limited to, the specific workout area; and (vi) Cycle Ave.’s negligent instruction or supervision; (b) damage to property, including but not limited to, Equipment and the premises.
If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.

Conclusion
I acknowledge and agree no warranties or representations have been made to me regarding the results I will achieve from this online or in person training program. I understand results are individual and may vary. I acknowledge I have thoroughly read this waiver and release and fully understand it is a waiver and release of liability. By signing this document, I am waiving any right I, or my heirs and/or assigns, may have to bring any and all legal actions or assert any and all claims against Cycle Ave., its respective representatives, executors, and/or assigns.

I grant permission to photograph and\or videotape my participation to possibly be used on Cycle Ave. social media accounts (examples include, but are not limited to Facebook, Twitter, Instagram, etc.) and in email communications, unless I specifically ask to not be included.

I represent and warrant I am signing this agreement freely and willfully and not under fraud or duress. These exculpatory clauses are intended to apply to any and all activities occurring during the time for which I have contracted with Cycle Ave.

By signing this release, I acknowledge that I understand its content and that its release cannot be modified orally.
More…
I agree to the Cycle Ave at Funktional Fitness liability waiver

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