Summer Camps Registration

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

I have enrolled the minor individual named below (“Minor”) with a residence at the address set out below, in fitness classes and activities for kids (the “Activity”) provided by Apex Consulting LLC d/b/a Safe Fit Kids (the “Company”). In consideration of participating in the Activity and in recognition of the Company’s reliance hereon, I agree as follows (this “Release”).

1. I, individually and in my legal capacity as parent/guardian of the Minor, am aware and understand that the Activity is a potentially dangerous activity and involves the risk of serious injury, disability, death, or property damage. I, individually and in my legal capacity as parent/guardian of the Minor, am also aware of the highly contagious nature of the 2019 novel coronavirus disease (COVID-19) (the “Disease”) and the risk that the Minor may be exposed to or contract the Disease by the Activity, which may result in serious illness, personal injury, disability, death, or property damage. I, individually and in my legal capacity as parent/guardian of the Minor, acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Company employees, independent contractors or others. I, individually and in my legal capacity as parent/guardian of the Minor understand that while the Company has implemented preventative measures designed to reduce the spread of the Disease, the Company cannot guarantee that the Minor will not be injured or become infected with the Disease or other infectious diseases due to the Minor’s participation in the Activity and that the Activity may increase the Minor’s risk of contracting the Disease. Notwithstanding these risks, I, individually and in my legal capacity as parent/guardian of the Minor acknowledge that the Minor is voluntarily participating in the activity with knowledge of the dangers involved. I, individually and in my legal capacity as parent/guardian of the Minor hereby agree to accept and assume all risks of injury, illness, disability, death or property damages arising from the Activity, whether caused by the ordinary negligence of the Company or otherwise.
2. I, individually and in my legal capacity as parent/guardian of the Minor, hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, manager(s), members, employees, independent contractors, agents, affiliates, successors, and assigns (collectively, “Releasees”), on account of injury, illness, disability, death, or property damage arising out of or attributable to the Activity and being exposed to or contracting the Disease, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I, individually and in my legal capacity as parent/guardian of the Minor covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that California law does not permit to be released by agreement.

I, individually and in my legal capacity as parent/guardian of the Minor, understand that by signing this release, I, individually and in my legal capacity as parent/guardian of the Minor am waiving any and all claims of any kind arising out of or attributable to engaging in the Activity and being exposed to or contracting the Disease, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

3. I, individually and in my legal capacity as parent/guardian of the Minor, confirm that the Minor is: (a) in good health, in proper physical condition, and does not have any medical or other conditions that would impair the Minor’s ability to participate in the Activity; and (b) the Minor is not experiencing symptoms of the Disease (such as cough, shortness of breath, or fever), does not have a confirmed or suspected case of the Disease, and has not come in contact in the last 14 days with a person who has been confirmed to have or suspected of having the Disease. I, individually and in my legal capacity as parent/guardian of the Minor confirm that the Minor will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity and the Disease while participating in the Activity, including, without limitation, requirements related to hand sanitation, social distancing, individual use of equipment and safety equipment. The Minor will also follow all instructions, recommendations, and cautions of the Company at all times during the Activity. If at any time I or the Minor believe conditions to be unsafe, that the Minor is no longer in proper physical condition to participate in the Activity, or I or the Minor begin experiencing symptoms of the Disease, the Minor will immediately discontinue further participation in the Activity.
4. I, individually and in my legal capacity as parent/guardian of the Minor, shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to the Activity.
5. I, individually and in my legal capacity as parent/guardian of the Minor, hereby consent to receive medical treatment deemed necessary if the Minor is injured or requires medical attention during the Minor’s participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I, individually and in my legal capacity as parent/guardian of the Minor hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.
6. This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Los Angele