LIABILITY WAIVER & TERMS/CONDITIONS

I (the “Client”) voluntarily desire to participate in physical exercise training classes conducted on behalf of Psalm 34:4 dba PowerHour360, at their various studios and/or events:


IMPORTANT – RELEASE AND WAIVER OF LIABILITY AND INDEMNITY:
You hereby acknowledge and agree that use by Member or by Member’s minor children of Psalm 34:4 dba PowerHour360 facilities, services, equipment or premises, involves risks of injury to persons and property, including those described below, and Member assumes full responsibility for such risks. Psalm 34:4 dba PowerHour360 strongly recommends that Client receive a medical clearance from his/her private physician prior to starting or participating in an exercise training program. The Psalm 34:4 dba PowerHour360’s training programs are not designed for individuals with known heart disease with or without functional impairment. In consideration of Member and Member’s minor children being permitted to enter any facility of  Psalm 34:4 dba PowerHour360 for any purpose including, but not limited to, observation, use of facilities, services or equipment, or participation in any way, Member agrees to the following: Member hereby releases and holds  Psalm 34:4 dba PowerHour360, its directors, officers, employees, and agents harmless from all liability to Member, Member’s children and Member’s personal representatives, assigns, heirs, and next of kin for any loss or damage, and forever gives up any claim or demands therefore, on account of injury to Member’s person or property, including injury leading to the death of Member, whether caused by the active or passive negligence of  Psalm 34:4 dba PowerHour360 or otherwise, to the fullest extent permitted by law, while Member or Member’s minor children are in, upon, or about Psalm 34:4 dba PowerHour360 premises or using any  Psalm 34:4 dba PowerHour360 facilities, services or equipment. Member also hereby agrees to indemnify, defend, and hold  Psalm 34:4 dba PowerHour360 harmless from any loss, liability, damage or cost  Psalm 34:4 dba PowerHour360 may incur due to the presence of Member or Member’s children in, upon or about the  Psalm 34:4 dba PowerHour360 premises or in any way observing or using any facilities or equipment of  Psalm 34:4 dba PowerHour360 whether caused by the negligence of Member(s) or otherwise. You represent (a) that Member and Member’s minor children are in good physical condition and have no disability, illness, or other condition that could prevent Member(s) from exercising without injury or impairment of health, and (b) that Member has consulted a physician concerning an exercise program that will not risk injury to Member or impairment of Member’s health. Such risk of injury includes (but is not limited to): injuries arising from use by Member or others of exercise equipment and machines; injuries arising from participation by Member or others in supervised or unsupervised activities or programs at  Psalm 34:4 dba PowerHour360; injuries and medical disorders arising from exercising at Power Hour 360® such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; and accidental injuries occurring anywhere in  Psalm 34:4 dba PowerHour360 dressing rooms, and other facilities. Member further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Washington and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. Member has read this release and waiver of liability and indemnity clause, and agrees that no oral representations, statements or inducement apart from this Agreement have been made.
We are Not Responsible for Personal Items Left in Lockers or anywhere else is Studio

Dress Code Policy:
Psalm 34:4 dba PowerHour360 wants you to come to class fully prepared for strenuous activity: enclosed running shoes, athletic shorts/pants, athletic t- shirt, towel and water bottle. We reserve the right to refuse you entrance into the studio if you are not properly attired.

Age Policy:
Ages under 16 must be accompanied by a parent or legal guardian in the workout at all times. Ages 16-17 are permitted to work out without parental supervision or accompaniment. 18 and above are considered adults and fully responsible for themselves.

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, the Center for Disease Control and other government agencies. 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. Psalm 34:4 DBA PowerHour360 has put in place preventative measures to reduce the spread of COVID-19; however, Psalm 34:4 DBA PowerHour360 cannot guarantee that you or anyone else will not become infected with COVID-19 by being a patron of Psalm 34:4 DBA PowerHour360. Further, attending and or patronizing Psalm 34:4 DBA PowerHour360 could increase your risk of contracting COVID-19.  By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may contract Covid-19 that I may transmit Covid-19 and that I may be exposed to or infected by COVID-19 by frequenting a Psalm 34:4 DBA PowerHour360 facility and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Psalm34:4 DBA Powerhour360 may result from the actions, omissions, or negligence of myself and others. Including, but not limited to, Psalm 34:4 DBA Powerhour360 owners, employees, agents and patrons. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to me (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my patronizing Psalm 34:4 DBA PowerHour360 or participation in any products and services offered by Psalm 34:4 DBA PowerHour360 (collectively the “Claims”) on my behalf, and on behalf of my family and any third-party known or unknown, I hereby release, covenant not to sue, discharge, and hold harmless Psalm 34:4 DBA PowerHour360, 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. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Psalm 34:4 DBA PowerHour360, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after receiving or utilizing any products or services offered by Psalm 34:4 DBA PowerHour360 By signing below I acknowledge and agree to the terms above.

I also certify that I’m in compliance with the vaccine mandate and that I am vaccinated per the Governor’s most recent mandate 10/24/2021.

PHOTO RELEASE

For good and valuable consideration, for the receipt of which is hereby acknowledged, I hereby grant Psalms 34:4 DBA PowerHour360 to use my likeness in a photograph for any and all its publications, including but no limited to all of Psalms 34:4 DBA PowerHour360’s printed and digital publications. I understand that any photograph using my likeness will become property of Psalms 34:4 DBA PowerHour360 and will not be returned.

I acknowledge that since my participation with Psalms 34:4 DBA PowerHour360 is voluntary, I will receive no financial compensation.

I hereby irrevocably authorize Psalms 34:4 DBA PowerHour360 to edit, alter, copy, exhibit, publish or distribute for purposes of publicizing Psalms 34:4 DBA PowerHour360’s program or for any other related, lawful purpose. In addition, I waive my right to inspect or approve the final product, including written or electronic copy, wherein my likeness appears. Additionally, I waive my right to royalties or any compensation arising or related to the use of the photograph.

I hereby hold harmless and release and forever discharge Psalms 34:4 DBA PowerHour360 from all claims, demands, and causes of action which, I, my heirs, representatives, executors, administrators, or any persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

I HAVE READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO THE CONDITIONS.