RELEASE OF LIABILITY

 YOU ACKNOWLEDGE AND AGREE THAT ALL PHYSICAL ACTIVITY COMES WITH SOME LEVEL OF RISK AND THAT USE OF THE SERVICES IS VOLUNTARY AND AT YOUR OWN RISK, AND THAT NEITHER JORDAN GENTILE FITNESS, LLC, NOR ANY OF ITS OWNERS, DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR ADVISORS (THE “INDEMNIFIED PARTIES”) ARE RESPONSIBLE FOR YOUR SAFETY OR LIABLE FOR ANY INJURIES YOU MAY SUSTAIN FROM PHYSICAL ACTIVITIES THAT YOU CHOOSE TO ENGAGE IN, UP TO AND INCLUDING DEATH. NOTHING IN OR ABOUT OUR SERVICES CONSTITUTES MEDICAL ADVICE, NOR SHOULD IT BE CONSTRUED AS MEDICAL ADVICE. IT IS YOUR RESPONSIBILITY TO OBTAIN MEDICAL ADVICE FROM YOUR OWN APPROPRIATELY LICENSED PRACTITIONERS AND TO FOLLOW THEIR ADVICE, INCLUDING WITHOUT LIMITATION AS TO WHAT TYPES, LEVELS, AND MODIFICATIONS OF PHYSICAL ACTIVITY ARE APPROPRIATE FOR YOU. YOU REPRESENT AND WARRANT TO THE INDEMNIFIED PARTIES THAT YOU HAVE NO PHYSICAL CONDITIONS WHICH A MEDICAL PRACTITIONER HAS ADVISED, OR WOULD ADVISE, SHOULD PREVENT YOU FROM ENGAGING IN THE SERVICES.  YOU AGREE THAT THE INDEMNIFIED PARTIES, ARE NOT AND SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR LIABILITIES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR ENGAGEMENT IN TRANSACTIONS WITH YOUR CUSTOMERS, INTERACTIONS WITH OTHER USERS, OR MEMBERS OF THE PUBLIC, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES FROM LOSS, THEFT, OR DAMAGE TO INFORMATION, DATA, PROPERTY, OR PERSONS, INCLUDING WITHOUT LIMITATION ANY PERSONAL INJURIES (UP TO AND INCLUDING DEATH), SUSTAINED BY YOU, YOUR EMPLOYEES, CUSTOMERS, AGENTS, GUESTS, FAMILY MEMBERS, OR INVITEES. WITHOUT LIMITING THE FOREGOING, IN ALL CIRCUMSTANCES, OUR MAXIMUM LIABILITY TO YOU SHALL BE THE EQUIVALENT OF AMOUNTS PAID BY YOU FOR THE SERVICES. IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY HEALTH INSURANCE AND/OR ACCIDENT INSURANCE FOR THE USER’S BENEFIT. COVID-19; ILLNESS; INJURY; DEATH. USER ACKNOWLEDGES THE RISKS ASSOCIATED WITH THE SARS-COV-2 VIRUS (COMMONLY KNOWN AS COVID-19) AND OTHER CONTAGIOUS DISEASES, UP TO AND INCLUDING SEVERE ILLNESS AND DEATH. FOR ANY AND ALL IN PERSON SERVICES AND ACTIVITIES, USER SHALL COMPLY WITH ANY AND ALL COVID-19 PROTOCOLS REQUESTED OR REQUIRED BY US, BY LAW, OR BY ANY THIRD PARTY ACTIVITY SITE, ANY EVENT HOST OR PROMOTOR, OR ANY PREMISES OWNER OR TENANT, INCLUDING WITHOUT LIMITATION THE WEARING OF PROTECTIVE FACE COVERINGS, SOCIAL DISTANCING, USE OF HAND SANITIZER, AND CLEANING OR DISINFECTING OF TABLES OR OTHER ITEMS. FURTHER, WHETHER OR NOT SUCH MEASURES ARE REQUIRED, USER ASSUMES ALL RISKS IN RECEIVING THE SERVICES AND ATTENDING ACTIVITIES OR EVENTS HEREUNDER. FURTHER, USER, ON BEHALF OF HIM/HERSELF AND HIS/HER FAMILY MEMBERS, HEIRS, ESTATE, AND REPRESENTATIVES, AGREES TO AND SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, LAWSUITS, INVESTIGATIONS, JUDGMENTS, AND OTHER LEGAL ACTION ARISING OUT OF OR RELATING TO USER’S ILLNESS, PERSONAL INJURY, OR DEATH FROM COVID-19, ANY OTHER ILLNESS, AND/OR ANY INJURY OR DEATH OCCURRING FROM ANY PARTICIPATION IN THE SERVICES WHETHER AT HOME OR ELSEWHERE, OR ANY OTHER CAUSE WHATSOEVER (“ILLNESS CLAIMS”), INCLUDING WITHOUT LIMITATION ANY AND ALL ACTUAL DAMAGES, STATUTORY DAMAGES, CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY OTHER KIND FOR WHICH AN INDEMNIFIED PARTY IS HELD LIABLE OR INCURS VIA SETTLEMENT OF ILLNESS CLAIMS, PLUS ATTORNEY’S FEES FOR COUNSEL OF THE INDEMNIFIED PARTY’S CHOOSING, THIRD PARTY ATTORNEY’S FEES FOR WHICH AN INDEMNIFIED PARTY IS HELD LIABLE OR INCURS VIA SETTLEMENT OF ILLNESS CLAIMS, AND ALL COSTS ASSOCIATED WITH THE INDEMNIFIED PARTY’S DEFENSE OF ANY SUCH CLAIMS AT ALL LEVELS OF PRE-LITIGATION, LITIGATION, SETTLEMENT, TRIAL, APPEAL, ENFORCEMENT, AND BANKRUPTCY. EACH INDEMNIFIED PARTY SHALL HAVE THE SOLE RIGHT AND OPTION TO SETTLE ANY CLAIMS AGAINST IT.