2022 UPDATED POE’S GYM RELEASE OF LIABILITY AND HOLD HARMLESS WAIVER

INCLUDING CHILDREN AND OLDER ADULTS RECEIVING SERVICES AND SITUATIONS CONCERNING COVID-19

You voluntarily are using/visiting/receiving coaching/therapy at Poe’s Gym at your own risk with the understanding that contraction of COVID-19 is a possibility at the facility and on the grounds surrounding Poe’s Gym. To your best knowledge, you agree that you have not been in contact with any person that has COVID-19 or exposed to any person has been exposed to ANYONE who has COVID-19. You agree to execute all your activity at your own risk at the 6100 Centennial Blvd., Nashville, Tennessee, Premises at Poe’s Gym.

Because physical exercise can be strenuous and subject to risk, POE’S GYM of 6100 Centennial Blvd., Nashville, Tennessee urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, or participant) agree that if you engage in any physical exercise or activity at 6100 Centennial Blvd., Nashville, Tennessee, you do so entirely at your own risk. It is your responsibility to notify Poe’s Gym of any of your underlying conditions that may render a special waiver.

This includes, without limitation, your use of the locker room, parking area, sidewalk area, or any equipment of POE’S GYM and your participation in any activity, class, program, or instruction. You agree that you are voluntarily participating in these activities along with the use of these facilities and premises and assume all risks of injury, illness (INCLUDING AND ESPECIALLY COVID-19), damage or loss or theft of any personal property.

You expressly agree to release and discharge POE’S GYM, and the Landlord of POE’S GYM, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims, liability,  or causes of action, again, includes contraction of the COVID-19 virus that could possibly be traced to the Poe’s Gym facility and or any of Poe’s Gym’s members, landlords, owners, staff, or affiliates.

This waiver of release of liability and of hold harmless includes, without limitation, all injuries and sicknesses (ESPECIALLY COVID-19) to you which may occur as a result of (a) your use of any exercise equipment, products and the 6100 Centennial Blvd., Nashville, Tennessee amenities, (b) the sudden and unforeseen malfunctioning of any equipment (c) our instruction or supervision, (c) injury or death resulting from you not following our safety rules and other rules of the gym, and (d) your slipping and/or falling while at the 6100 Centennial Blvd., Nashville, Tennessee PREMISES, including adjacent sidewalks and parking areas regardless of negligence, and, again, COVID-19.  You agree and understand that you exercise at your own risk of injury and possible contraction of COVID-19 at Poe’s Gym.

All guests/visitors/clients/patients agree to obey ALL rules ESPECIALLY: 1) Do not drop our dumbbells, disinfect all touched surfaces, mop all work areas and areas of sweat, and keep all metal off the main floor and platforms.

Any failed legal action that may be taken against Matt Poe, POE’S GYM, and the Landlord of POE’S GYM, and all affiliates, employees, agents, representatives, successors, or assigns relative to COVID-19 or other issues will require reimbursement of all of Poe’s Gym’s legal fees from you, all incurred expenses upon Poe’s Gym, all revenues lost of Poe’s Gym, and cost of time lost of Poe’s Gym.

By signing below, I understand the material/terms in this entire document and hereby release all liability, release indemnification, and hold harmless Matt Poe, POE’S GYM, and the Landlord of POE’S GYM, and all affiliates, employees, agents, representatives, successors, or assigns, of any injuries, sickness, or death resulting from not adhering to the material in this document, and, in addition to paying a membership fee/guest fee/any other fees/any waived fees/no fees for being in gym for mere discussion of services, my being permitted access to the gym and its equipment is consideration for my holding the above harmless in the mentioned possible events.



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(PRINT NAME)                                                  (DATE)


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(SIGNATURE)                                                   (DATE)

 
If applicable, and, you are the legal guardian of a child under 18 years of age or the guardian or supervising family member of an older adult being coached/visiting/receiving fitness therapy/ discussing services or considered a guest at Poe’s Gym, print below his or her name and sign your name as the child’s legal guardian/older adult’s legal guardian or supervising family member.

 
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(PRINT YOUR CHILD’S/CHILDREN’S NAME (S)/OLDER ADULT’S NAME)                                      (Date)

 
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(PRINT CHILD’S/CHILDREN’S /OLDER ADULT’S LEGAL GUARDIAN’S NAME)                               (Date)

 
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(SIGNATURE OF CHILDREN’S/OLDER ADULT’S LEGAL GUARDIAN’S NAME)                                (Date)