Waiver

In consideration of my use of the exercise equipment and facilities provided by Newport Peach/GEN SCHMITZ LLC, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, independent contractors, successors, and assigns, that the company and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the company.

By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type and I hereby fully and forever release and discharge Newport Peach/GEN SCHMITZ LLC, its insurers, employees, independent contractors, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.

I expressly agree to indemnify and hold Newport Peach/GEN SCHMITZ LLC 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.

I agree to be solely responsible for my safety and well-being of myself.

I agree to comply with all rules imposed by Newport Peach/GEN SCHMITZ LLC regarding the use of the facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.

I understand and acknowledge that the use of exercise equipment involves a risk of serious injury, Please consult a doctor before beginning this or any other fitness program.

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

I understand and agree not to damage any property on the premises. 

I understand and agree to use the correct footing at all times. I will place my entire foot onto the STEP (heel to toe) and step off with my entire foot (toe to heel). I understand and agree that failure to correct footing on the Step can cause foot, ankle, shin, or Achilles tendon injuries. I understand and agree to never stack more than 4 risers and to step in a controlled manner, NEVER JUMPING ONTO THE STEP.

**THE STEP is rated for a maximum weight capacity of 300lbs

I understand and agree to Newport Peach/GEN SCHMITZ LLC playing loud, explicit music. In no way is the company responsible for offensive lyrics. 

I understand that Newport Peach may use pictures or videos from class in promotions, marketing, and social media. I consent and authorize Newport Peach/GEN SCHMITZ LLC to use my likeness in any photograph, video, or other digital media (“Photos”) taken or to be taken at any classes or events related to the business, in any and all of its publications, including print or web-based publications. I understand and agree that all photos/videos are the property of and will not be returned to me, nor am I entitled to any compensation or royalties with respect to the use of the photos/videos.

I agree and understand that classes can be hot and sweaty, it is my responsibility to take breaks when needed and to come to class hydrated.

COVID-19

We all know that these are uncertain times. The risks of COVID-19 are not well understood and there is controversy among the experts on how the virus can spread and difficulty in scientifically determining whether anyone has the virus at any moment in time.

In consideration for providing workouts by signing below, you agree to accept all responsibility for the risk that you may contract COVID-19. While we are taking your safety and that of our staff very seriously, by employing new safety and sanitation initiatives, we cannot guarantee that any of these measures will completely protect you from contracting COVID-19.

I agree that if I take any steps to make a claim for damages against Newport Peach/GEN SCHMITZ LLC, its agents, employees, or any other released parties arising out of my services during my visit to Newport Peach, I shall be obligated to pay all attorneys’ fees and costs incurred as a result of such claim.

By signing this Agreement, I acknowledge that I am free to go to other studios that may not require my agreement to accept responsibility for contracting COVID-19 and I chose to work out at Newport Peach.

I HAVE READ THE FOREGOING WAIVER AND RELEASE OF LIABILITY AND VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT.