Elevate Spin, LLC

Representations, Warranties and Acknowledgements of Participant

(18 years of age or older)**

*You must be 18 years old or older to complete this form online. For a written version, please email us at info@elevatespin.net*

Elevate Spin, LLC ("Elevate Spin") is allowing me to enter its property, use its equipment, and participate in its classes (the "Activities") specifically in reliance on the follow certifications, representations, and warranties.

I certify, represent, and warrant to Elevate Spin, LLC as follows:

_______ I am at least eighteen (18) years of age, that I do not suffer from any mental or physical condition which might impair my ability to understand this document.

_______I do not suffer from any mental or physical condition or disability which might render my participation in the Activities hazardous to myself or others.

_______I have not been exposed to, or tested positive for, any communicable diseases, including but not limited to influenza or coronavirus.

_______I currently have sufficient health, disability, and life insurance as determined by me or my advisors to cover myself, as well as my beneficiaries, dependents, and heirs in the event of any injury, disability, damage, or death which may result from the Activities.  Moreover, I fully assume any and all risk for any lapse in or insufficiency of coverage in said health, disability, and life insurance in the event of injury, disability, damage, or death resulting from the Activities.

_______If I suffer any injury in any way connected to the Activities, if possible, I will immediately notify Elevate Spin.

_______I fully understand that any information given to me by anyone on behalf of Elevate Spin regarding an injury or other malady is intended to be used in my sole discretion in my personal capacity and is for informational purposes only. Such information is not medical advice, and I understand that I am encouraged to consult my own health care provider before using any such information, especially if I have allergies, take any medications, or if I am being treated for any illness or condition. Should I decide to use all or any part of such information, this decision shall be entirely at my own risk.

_______I authorize Elevate Spin to seek and consent to receive medical treatment in the event of injury, accident or illness, and I accept financial responsibility for all expenses related to such medical treatment as well as travel to receive medical treatment. Notwithstanding this paragraph, I understand and agree that Elevate Spin has no obligation to provide or seek out any medical treatment for me.

_______I understand and acknowledge that it is my responsibility not to exceed any guidelines that my health care provider has established or may establish. I understand and acknowledge that it is solely my responsibility to determine through consultation with my health care provider what my physical limitations are or may be and whether or not I should participate in the Activities.

_______I will comply with all federal, state, and local laws and Elevate Spin policies, procedures, and instructions. Failure to do so will result in my immediate dismissal from the Activities.

_______If I intentionally, negligently or recklessly cause any damage to customers, employees, other participants, or Elevate Spin, including, without limitation, the facilities of Elevate Spin, I agree to fully reimburse Elevate Spin for any and all of said damages.

_______I hereby consent and convey to Elevate Spin all rights, title and interest in any and all photographs, images, video or audio recordings of my likeness or my voice made by Elevate Spin in connection with the Activities.

_______I agree that if any portion of this document is declared invalid or unenforceable, the remaining portions of this document shall remain in full force and effect.

_______I agree that this Agreement, including all attachments thereto, shall be construed and enforced in accordance with the laws of the State of South Carolina, and I hereby consent to the jurisdiction of South Carolina.

I VERIFY THAT I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT IN ITS ENTIRETY.  I WARRANT AND CERTIFY ALL STATEMENTS MADE BY AND THROUGH THIS AGREEMENT. I MAKE THESE WARRANTIES, CERTIFICATIONS AND STATEMENTS FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME.

Elevate Spin, LLC

Release and Liability Waiver

I desire to enter upon the property of Elevate Spin, LLC ("Elevate Spin") so I may use the facilities and equipment of Elevate Spin (the "Facilities") and participate in the activities of Elevate Spin (the "Activities"), from which I derive a unilateral personal benefit and value.

In consideration and exchange for the privilege using the Facilities, and participating in the Activities, I agree and bind myself as well as my dependents, heirs, personal representatives, executors, administrators, and anyone else who might make a claim on my behalf, to the terms and conditions of this Release and Liability Waiver.

_______I release and forever discharge the following parties through this Release and Liability Waiver: Elevate Spin, its owners, managers, members, officers, agents, contractors, vendors, attorneys, and employees (collectively, the “Released Parties”).

_______I acknowledge that by using the Facilities and participating in the Activities, I risk personal injury, property loss, illness, physical disability, and death. I further acknowledge that the specific risks vary from one activity to another, but the risks may include those associated with physical activity (lifting, bending, reaching, and climbing), exertion, and all other risks associated with the use of workout facilities, whether known or unknown.

_______I acknowledge that by using the Facilities and participating in the Activities, I risk contact with individuals who may have exposure to or contracted one or more communicable diseases, including but not limited to influenza and coronavirus, and that use of the Facilities and participation in the Activities will increase my risk of contracting a communicable disease.

_______I acknowledge that by using the Facilities and participating in the Activities, I risk injuries and illnesses ranging from (a) minor injuries such as scratches, bruises, and sprains (b) major injuries such as burns, eye injury or loss of sight, joint or back injuries, heart attack, and head injuries or concussions (c) major diseases such as influenza and coronavirus (d) catastrophic injuries including paralysis and permanent disability, and death, to (e) catastrophic illnesses and diseases resulting in death. The risk of injury from the use of the Facilities and participation in the Activities is significant.  I further acknowledge that while precautions and personal discipline will minimize these risks, the risk of personal injury, property loss, illness, physical disability, or death is inherent to such use.

_______I release, forever discharge, and agree to indemnify and hold the Released Parties harmless from any and all liabilities, claims, demands, causes of action, damages, costs (including attorneys’ fees), expenses and obligations of any nature whatsoever for any injuries, illnesses, disabilities or death that I may sustain as a result of or in any way connected to the use of the Facilities or participation in the Activities.

_______I, for myself, for my dependents, heirs, personal representatives, executors, administrators, and anyone else who might make a claim on my behalf, agree not to make any claim or commence or prosecute any action, suit or other proceeding against any of the Released Parties for any injuries, illnesses, disabilities or death, whether caused by the negligence of the Released Parties or otherwise.

_______I accept the Facilities to be used in an “as-is” condition, with all latent and patent defects, hidden conditions, dangerous conditions and hazardous substances and materials.

_______I agree that if any portion of this Release and Liability Waiver is declared invalid or unenforceable, the remaining portions of this Release and Liability Waiver shall remain in full force and effect.

_______I agree that this Release and Liability Waiver shall be construed and enforced in accordance with the laws of the State of South Carolina, and I hereby consent to the jurisdiction of South Carolina.

_______I understand and agree that this document will be used as a defense to any and all claims brought by me, my dependents, heirs, personal representatives, executors, administrators and anyone else who might make a claim on my behalf.  I understand and agree that this Agreement and the release and liability waiver contained herein is a complete and unconditional release of all liability to the greatest extent allowed by law and intended to protect the Released Parties to the fullest extent possible.

I VERIFY THAT I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS RELEASE AND LIABILITY WAIVER AND THAT I ACCEPT THIS RELEASE AND LIABILITY WAIVER FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME.  I UNDERSTAND THE TERMS OF THIS RELEASE AND LIABILITY WAIVER, AND I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY ACCEPTING IT, INCLUDING MY RIGHT TO SUE.