Express Assumption of Risks
 
      I voluntarily and knowingly agree to participate in this class provided by HWPO, LLC. I acknowledge that physical training can be hazardous and unpredictable and while my instructors strive for safety, they are not infallible. I am aware of the inherent risks and dangers involved, including but not limited to (1) injuries and/or illnesses, physical and/or mental, permanent disability, and death, caused by any foreseeable and/or unforeseeable factors; (2) others in my class acting dangerously or in a manner putting me at risk; (3) equipment failure; and (4) acts or omissions of HWPO, LLC and its agents.
       I acknowledge that the above list is only a fraction of possibilities of what may occur during the class, and that a full list would be impossible to ascertain. I have reviewed the above and considered my own capabilities and limitations, this class, the risks, the physical and mental demands, and concluded that I am physically and emotionally fit and able to participate. In spite of the inherent risks, I agree to be responsible for my own welfare and accept any and all risks.

If I am participating in open gym hours, I acknowledge that there is NO STAFF PRESENT and I am entering the facility at my own risk.  I am aware that if I am injured, become unconscious, suffer a stroke or heart attack, that there will likely be no person to respond to my emergency and HWOP, LLC has no duty to provide assistance to me. I understand that even though the facility is equipped with surveillance cameras, these record, but are not monitored continuously; help will not be available during open gym hours. HWOP, LLC highly recommends having a workout partner and limiting all movement and training to 80% loading while using the facility during open gym hours. While no staff is present I will only I will only perform exercises or movements that are within my capabilities.  I am familiar with the emergency procedures and I do not hold HWOP, LLC responsible for any injuries that occur while I am utilizing open gym.
                        
 Release of Liability
     All reasonable effort has been made by  HWPO, LLC to fully disclose the nature of this class to me. I have had the opportunity to ask any questions regarding this class. In consideration of the services furnished me, my legal representatives and I release and discharge  HWPO, LLC, its owners, officers, directors, agents, contractors, and employees from and against all liability which may arise from my participation in this class, including any claim for property loss, damage, injury, or death that I may suffer, or any claims of negligence or omission.
    I further agree to indemnify and hold harmless HWPO, LLC and members of the class against any sum I may be subjected to pay in consequence of any claim or demand made against me during my participation in this class.
     This agreement is intended to be interpreted as broadly as permissible under Washington State law, and if any portion of this agreement is held invalid, it is agreed that all other parts will continue in full legal force and effect.
     This agreement will be interpreted, construed, and governed by and under Washington State law, and any claim or controversy arising out of or relating to this agreement will be settled by binding arbitration in King County, Washington. Exclusive venue and jurisdiction over the parties and the subject matter to this agreement will be in the Superior Court of Washington in King County for commencing the arbitration proceedings and enforcing the arbitration award.
     This agreement contains the final and complete agreement between  HWPO, LLC and me with respect to the subject matter herein, and there are no understandings, representations, or warranties of any kind between us except as expressly set forth herein. All prior agreements are placed within this one written agreement.
 
 COVID-19 Assumption of Risk and Liability Waiver: 
 Please understand that despite all the precautions that you, other members, and/or AFFILIATE may take, we cannot guarantee your health or safety, and you may still be exposed to COVID-19, including through interactions with other individuals who have COVID-19. By executing this release and gaining access to the facility, you, on behalf of yourself, your heirs, beneficiaries, representatives, successors and assigns: (1) voluntarily assume all risks associated with any exposure to COVID-19, including, but not limited to suffering any type of medical condition, illness and, potentially, death; and (2) knowingly and voluntarily waive, release, covenant not to sue, forever discharge, indemnify, and hold harmless AFFILIATE, its parents and subsidiaries and their respective officers, directors, employees, contractors, agents, representatives, successors and assigns (“Released Parties”) from any and all liability, damages, losses, suits, demands, causes of action to the fullest extent permitted by the laws of this state, or any other claims of any nature whatsoever, arising out of or relating in any way to your use of the facility and your potential exposure to COVID-19.
 
 
 
 If you have any questions about this Assumption of Risk & Release of Liability Agreement please contact us so that we may adequately answer them. By signing below I agree to the following:
 (1)  I have received full disclosure and voluntarily and knowingly consent to assume any and all risks and to release HWPO, LLC from any and all liability;
 (2) I have carefully read and fully understand the contents and legal ramifications of this agreement. I understand this is a legally binding and enforceable contract and sign it of my own free will.