Agreement to Indemnify, and not sue, and release of all ClaimsI desire for myself and my children (collectively, whether one or more, “the participants”), voluntarily and with full assumption of all risks, to participate in Columbus Fit Life LLC (CFL) / Swerve Hip-Hop Fitness LLC (Swerve) and all incidental activities (collectively, “the Activity”), and in consideration of your acceptance of this registration, I agree, for myself, the participants, and my/their respective officers, trustees, directors, successors-in-interest to waive and release Columbus Fit Life LLC and Swerve and their respective officers, trustees, directors, and employees and agents from all liability for any injury, damage, or loss incurred or suffered by any participant resulting directly or indirectly from any participant’s participation in any activity, including without limitation the provision of first aid, emergency or other medical attention necessitated by the participant’s participation in any activity. I hereby grant and give Columbus Fit Life LLC / Swerve the right to use each participant’s photograph or image or without my/our names, both single and in conjunctions with other persons or objects for any and all purposes, including but not limited to private and public presentation, advertising, and publicity and promotion. I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated, and I accept full responsibility for familiarizing myself with the most recent updates. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to hold my program, event or activity. I will follow the applicable laws and guidelines during the event, activity or program during my time on the premises. I will adhere to and enforce all protocols deemed mandatory by the Responsible RestartOhio guidelines specific to the activity, event or program. I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises or from using the Facility and participating in the event there and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Columbus Fit Life LLC /Swerve its officials, elected or otherwise, agents, employees, contractors, and assigns (the “RELEASEES”) from any liability related to COVID-19 which might occur as a result my being on the premises, using the Facility, and/or participating in the event, program or activity. I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgements, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, an appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury. This Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of Ohio. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT THE PERMISSION GRANTED BY RELEASEES TO BE ON PREMISES, TO USE THE FACILITY, AND TO PARTICIPATE IN THE EVENT. IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same. *
