LIABILITY WAIVER & CONTRACT CONFIRMATION

With each purchase, you and/or the member agree to the following terms and conditions:

 

A) WAIVER OF RELEASE

In consideration of the risk of injury while participating in athletic performance training (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Aiga Performance , located at 700 Thimble Shoals Blvd, Newport News, Virginia 23606, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Aiga Performance AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Aiga Performance FOR PERSONAL INJURY OR PROPERTY DAMAGE.I agree to indemnify and hold harmless Aiga Performance against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Aiga Performance incurs any of these types of expenses, I agree to reimburse Aiga Performance . I acknowledge that Aiga Performance and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Aiga Performance . I acknowledge that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, and/or producers of the training facility.I, the undersigned participant, certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.

 

B) CLAUSES

1. Facility Rules and Regulations: Agree to follow the facility rules and regulations for your safety and the safety of other participants at the facility.

2. Scheduling Clause: To ensure non-cancellation, visits must be booked 4 hours in advance of the scheduled class or by 9pm the evening before a 5am/6am/7am morning classes. 

“No show” visits and “late cancel” [classes cancelled  by member/parent/guardian less than 2 hours prior to the start of class will be charged a “no show/“late cancel” nominal fee of $5 per occurrence. No show fees are not charged for team training participants

 

C) PHOTO & VIDEO RELEASE

Aiga Performance, Inc. will use photographs and/or video of the members, athletes and/or guardians, members named in all forms, social media and manners, without restriction as to changes or alterations, for advertising and/or promotion. Athletes and/or guardians, clients waive any right to inspect or approve the photographs or electronic matter that may be used in conjunction with them now or in the future, whether that use is known or unknown, and waive any right to royalties or other compensation arising from or related to the use of the photographs.   If the members, athletes and/or guardians, clients wish to not be photographed or videoed please submit request in writing to: train@aigaperformance.com

 

D) TERMS OF CONTRACT

1. All contracts automatically renew using the stored billing information on account on the following month on the same day as the initial purchase. 24 hours notice is required to change or stop payment of an auto payment. This can be requested by phone or by email to train@aigaperformance.com

2. In the event of request to terminate the contract the member understands terminating their contract(s) will void the terms and conditions of the contract, including auto-renew, special pricing/discounts and will result in a termination fee of 20% of the balance due on the contract.

 

I further acknowledge that I have carefully read and understood the rules and regulations of Aiga Performance, Inc. training facility and hereby undertake to abide by the same. I further understand that the terms of this agreement are to be read in conjunction with and in addition to the rules and regulations of the training facility and in the event of any conflict between the terms and the rules and regulations, the terms of this membership agreement shall prevail.

 

E) COVID -19 Addendum/Waiver

I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.

 

I further acknowledge that Aiga Performance, Inc. has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.

I further acknowledge that Aiga Performance, Inc. can not guarantee that I will not become infected with the Coronavirus/Covid-19.

 

I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, training facility staff, and other clients and their families.

 

I voluntarily seek services provided by Aiga Performance, Inc. and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my scheduled appointment.

 

I attest that:

  1. I am not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.

  2. I have not traveled internationally within the last 14 days.

  3. I have not traveled to a highly impacted area within the United States of America in the last 14 days.

  4. I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.

  5. I have not been diagnosed with Coronavirus/COVID-19 and not yet cleared as non contagious by state or local public health authorities.

  6. I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.

 

I hereby release and agree to hold Aiga Performance, Inc. harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the training facility, or that may otherwise arise in any way in connection with any services received from Aiga Performance, Inc. I understand that this release discharges Aiga Performance, Inc. from any liability or claim that I, my heirs, or any personal representatives may have against the training facility with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Aiga Performance, Inc. This liability waiver and release extends to the training facility together with all owners, partners, and employees.

 

Revised March 2021. Copyright © Aiga Performance, Inc. 2021 All Rights Reserved