WAIVER OF LIABILITY, ASSUMPTION OF RISK,
INDEMNITY, PHOTOGRAPHY/VIDEO RELEASE
This Waiver of Liability, Assumption of Risk, Indemnity, Photography/Video Release, and COVID-19
Release (this “Agreement”) is entered into by and between Move SF LLC, a California limited liability
company, d.b.a. Move-SF (the “Gym” or “move-SF”), and the individual signatory at the end of this
Agreement (“I” or “me” or “my”).
I understand that exercise, training and using fitness equipment, whether individually or as part of a
group, are potentially hazardous activities. I further understand that these activities involve risks of injury,
aggravation of pre- existing conditions; scratches and bruises; strains and sprains; paralysis; falls or
events which can result in serious injury or death, due to negligence on the part of myself, my training
partner, or other people around me; and injury or death due to improper use or failure of equipment.
Furthermore, I acknowledge that exercise on the body cannot be predicted with complete accuracy and
that injuries may occur during or following exercise that could lead to these complications and adversely
affect my health. These changes may include, among other effects, high blood pressure, increased heart
rate, altered heart function, and possibly, and again in rare instances, cardiac complications.
Accordingly, I acknowledge that I am voluntarily participating in these activities with the full knowledge
and understanding of the potential dangers. I am aware that a comprehensive medical examination is
necessary before using the equipment and machinery and that a consultation with a physician is essential
to determine which physical activities, exercises, training and programs, if any, are recommended by my
personal doctor. I further acknowledge that I have either had a physical examination within the last month
and learned of the recommended activities, or that I voluntarily assume all responsibility and liability for
using the facilities, equipment, machinery and participating in all programs at the Gym. I also have read
and been informed of the following warning and notification: “If you are currently under a physican’s
care for an injury, condition or illness, we strongly urge you to consult your physician before
conducting any exercises, using any equipment, or participating in any program at the Gym.”
Whether I have had an examination or not, I further declare that I am physically fit, sound and suffering
from no condition, impairment, disability, disease, infirmity, or illness that should prevent my
participation in any program and the use of any exercise equipment and machinery. (Anyone for whom
this statement is not correct must see the Gym manager immediately before using the facilities.)
Moreover, in consideration of being allowed to use all facilities, equipment, machinery and programs, I
personally assume all risks involved in all exercising, training, activities and programs at the Gym.
In consideration of the above-mentioned risks and hazards and in consideration of the fact that I am
willingly and voluntarily participating in the activities offered by the Gym, I also waive and release,
waive, discharge, and covenant not to sue, now and forever, all claims and causes of action against the
Gym, its appointed officers, agents, volunteers, employees, representatives, consultants, and all others
directly or indirectly connected with the Gym from any and all personal injuries I sustain (including
death), any medical condition of any kind which results, any aggravation of a pre-existing medical
condition that I aggravate, and any and all other damages or injuries which I sustain in any way from the
direct or indirect result of my activities, exercise, training and participation at the Gym. I further hold the
Gym harmless from any loss to personal property which is lost or stolen while I use, or am present at the
Gym while, during, going to, or going from the Gym.
The novel coronavirus, COVID-19 (and its variants, like Delta and Omicron), has been declared a
worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely
contagious. The United States Center for Disease Control and Prevention (CDC), the State of California
and local county health departments have recommended social distancing measures of at least six feet
between people and have encouraged vulnerable people or persons with compromised immunities to
avoid public gatherings and spaces. The medical knowledge and resulting restrictions and
recommendations continue to evolve, but the virus is believed to spread from person-to-person contact
and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly
can be infected and show no symptoms and therefore spread the disease. The exact methods of spreading
the disease and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID19. Evidence has shown that COVID-19 can cause serious and potentially life threatening illness and even
death. The Gym cannot prevent you or your child(ren) from becoming exposed to, contracting, or
spreading COVID-19 while entering into and or utilizing the Gym’s facilities. It is not possible to prevent
the presence of the disease or the possibility that you may be exposed to COVID-19 while at the Gym’s
facilities. Therefore, if you choose to enter into and utilize the Gym’s facilities you may be exposing
yourself and your child(ren) to and/or increasing your (their) risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK: The undersigned is aware of and acknowledges the serious risks from
COVID-19. I have read and understood the above warning concerning COVID-19. I hereby choose to
accept the risk of contracting and/or spreading COVID-19 for myself and/or my child(ren) in order to be
allowed to enter into and utilize the Gym’s facilities. The use of these facilities is of such value to me
and/or to my child(ren) that I accept the risk of being exposed to, contracting, and/or spreading COVID19 in order to enter into and or utilize the Gym’s facilities.
WAIVER AND RELEASE : On behalf of myself, and any of all of my family members, minor
child(ren), my heirs, successors, assigns and personal representatives and each of them, having
voluntarily and knowingly entered the Gym facility, I hereby forever release and waive my right to bring
suit against the Gym, its owners, officers, directors, managers, officials, trustees, agents, employees,
affiliates and or other representatives (released parties) in connection with any and all exposure, infection,
and/or spread of COVID-19 related to me and/or my child(ren) entering into and or utilizing the Gym’s
facilities. I understand that this waiver and release means that I have forever discharged the released
parties and give up all of my right to bring any claims, actions, lawsuits, demands for damages and or
losses, including for personal injuries, death, disease or property losses, or any other loss, including but
not limited to claims of negligence and give up any claim I or my child(ren) may have to seek damages,
whether known or unknown, foreseen or unforeseen to the maximum extent allowed by law.
This is intended as a full and complete release of all liability of any nature whatsoever for all damage,
injury, loss, expense, including any consequential expense, loss or damage, whether the same are now
known or unknown to the undersigned, expected, or unexpected by the undersigned, or have appeared or
developed, and all rights under Section 1542 of the California Civil Code are hereby expressly waived
and relinquished. Section 1542 of the California Civil Code provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect
to exist in his or her favor at the time of executing the release, which if known by him or
her must have materially affected his or her settlement with the debtor.”
COVID-19 NOTIFICATION REQUIREMENTS: As a condition for being allowed to enter into and
use the Gym facilities, I agree that if I, or my child(ren), receive a positive COVID-19 diagnosis, I will
promptly notify the Gym management. I consent to allowing the Gym representatives to notify employees
and other users of the facilities that another user of the facility tested positive for COVID-19, without
identifying me by name.
Participants involved in any activities offered by the Gym may be photographed or videotaped during
training. The undersigned hereby consents to the use of these photographs and/or videos without
compensation, on the Gym’s website or in any editorial, promotional or advertising material produced
and/or published by the Gym. Initials: __
This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or
The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is
intended to be as broad and inclusive as is permitted by the law of the State of California and that if any
portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal
force and effect.
If I am signing on behalf of a minor child, I also give full permission for any person connected with the
Gym to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to
call for medical and or surgical care for the child and to transport the child to a medical facility deemed
necessary for the well being of the child.
Indemnification: I recognize that there is risk involved in the types of activities offered by the Gym.
Therefore I accept financial responsibility for any injury that I may cause either to myself or to any other
participant due to my negligence or intentional act. Should the above-mentioned parties, or anyone acting
on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to
reimburse them for such fees and costs. I further agree to indemnify and hold the Gym harmless, its
principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and
damage to property that may result from my negligent or intentional act or omission while participating in
activities offered by the Gym.
I have read and understood the foregoing assumption of risk, and release of liability and I
understand that by signing it obligates me to indemnify the parties named for any liability for
injury or death of any person and damage to property caused by my negligent or intentional act or
omission. I understand that by signing this form I am waiving valuable legal rights.
Signature of Member Date