3SIX0 Waiver 3SIX0 Liability Waiver Please sign below IMPORTANT: RELEASE AND WAIVER OF LIABILITY AND INDEMNITY.* I agree to the above waiver of liabilityIMPORTANT: RELEASE AND WAIVER OF LIABILITY AND INDEMNITY. You hereby acknowledge and agree that use by Member and/or Member’s minor children of the facilities, services, equipment or premises offered by 3SIX0 Fitness involves risks of injury to persons and property. Member understands, voluntarily accepts and assumes full responsibility for such risks, which include (but are not limited to) injuries arising from use of exercise equipment and machines; injuries arising from participation in supervised or unsupervised activities or programs; injuries and medical disorders arising from exercising such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; accidental injuries occurring in dressing rooms, showers and other facilities; and injuries so severe they result in permanent disability, head injury, paralysis, and even death. Further, in consideration of Member and Member’s minor children being permitted to enter the 3SIX0 Fitness facility for any purpose including, but not limited to, observation, use of facilities, services or equipment, or participation in any way, Member agrees that 3SIX0 Fitness will not be liable for any injury to the person or property of Member and/or Member’s minor children, and Member hereby releases and holds harmless 3SIX0 Fitness from all liability to Member, Member’s children and Member's personal representatives, assigns, heirs, and next of kin for any loss or damage, and forever gives up any claim or demands therefore, on account of injury to person or property, including injury leading to death, whether caused by the active or passive negligence of 3SIX0 Fitness or otherwise, and whether related to exercise or not, to the fullest extent permitted by law, while Member and/or Member’s minor children are in, on, or about Club premises or using the 3SIX0 Fitness facility, services or equipment. Member also hereby agrees to indemnify 3SIX0 Fitness from any loss, liability, damage or cost 3SIX0 Fitness may incur due to the presence of Member and/or Member’s children in, on or about facility premises or in any way observing or using any facilities or equipment of 3SIX0 Fitness, whether caused by the negligence of Member(s) or otherwise. You also represent (a) that Member and Member’s minor children are in good physical condition and have no disability, illness, or condition that could prevent Member(s) from exercising without injury or impairment of health, and (b) that Member has consulted a physician concerning an exercise program that will not risk injury to Member or impairment of Member's health. Member further expressly agrees that this release and waiver of liability and indemnity is intended to be as broad and inclusive as permitted by the law of the state of Washington and that if any portion is held invalid, the balance shall continue in full force and effect. Member has read this release and waiver of liability and indemnity and agrees that no oral representations, statements or inducement apart from this Agreement have been made. Agreement to Arbitrate all Disputes. IN THE EVENT OF ANY DISPUTE (OTHER THAN ONE FILED IN A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS) BETWEEN YOU AND 3SIX0 FITNESS, YOU AND 3SIX0 FITNESS CONSENT TO ARBITRATE THAT DISPUTE BEFORE A SINGLE ARBITRATOR UNDER THE THEN CURRENT RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN A LOCATION NEAR YOUR 3SIX0 FITNESS CLUB, RATHER THAN LITIGATE THE DISPUTE IN COURT. YOU AND 3SIX0 FITNESS ALSO AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE ARBITRABILITY OF ALL DISPUTES BETWEEN YOU AND 3SIX0 FITNESS. IF YOU DO NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY 3SIX0 FITNESS IN WRITING, WITHIN 30 DAYS OF THE DATE YOU FIRST RECEIVE THIS AGREEMENT, STATING THAT YOU DO NOT WANT TO RESOLVE DISPUTES WITH 3SIX0 FITNESS BY ARBITRATION. IN ADDITION, YOU AGREE NOT TO PARTICIPATE IN A CLASS ACTION, A CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF 3SIX0 Fitness IS A PARTY TO THE PROCEEDING. THE ARBITRATOR SHALL INTERPRET AND DETERMINE THE VALIDITY OF THE ARBITRATION PROVISION, INCLUDING UNCONSCIONABILITY. IF THE ARBITRATOR FINDS THAT THE ARBITRATION AGREEMENT, INCLUDING CLASS WAIVER, IS UNENFORCEABLE, IN WHOLE OR PART, THE ENTIRE ARBITRATION PROVISION SHALL BE NULL AND VOID AND EITHER PARTY MAY FILE THE ACTION IN COURT. Dues Rate: Unless you have purchased a Paid In Full Membership, 3SIX0 Fitness may increase the Dues amount with at least 30 days’ notice. Covid-19 Addendum: COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION 1. I agree that I am personally responsible for my safety and actions while using 3SIX0 Fitness (360 Fitness LLC). I agree to comply with all 3SIX0 Fitness policies and rules, including but not limited to all 3SIX0 Fitness policies, guidelines, signage, and instructions. Because the 3SIX0 Fitness is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue 360 Fitness, LLC, its board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third-party using the 3SIX0 Fitness, or otherwise, while participating in any activity while in, on, or around the 3SIX0 Fitness and/or while using any 3SIX0 Fitness facilities, tools, equipment, or materials. 2. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of the 3SIX0 Fitness facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19. 3. By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using the 3SIX0 Fitness to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Washington Law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. This waiver remains in effect until the State of Washington lifts all COVID-19 related mandates. Member / Parent or Guardian* First Last Minor First Last Email* Enter Email Confirm Email CAPTCHACommentsThis field is for validation purposes and should be left unchanged.