Medical Recommendations: Participant should consult with his or her physician or have a physical examination before enrolling in or participating in any of Dragonfly Cyclingâ€™s (â€œDragonflyâ€) classes and/or using Dragonflyâ€™s premises, facilities, equipment or services (collectively â€œClasses and Facilitiesâ€) especially if the Participant is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to physical exertion or has other physical limitations.
Any strenuous athletic or physical activity involves certain risks. Participant and his or her guests assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of Dragonflyâ€™s Classes and Facilities. Dragonfly cannot guarantee that any facility or equipment is free of risk. Participant agrees to use care in the use of Dragonflyâ€™s Classes and Facilities, and to protect against accidents by other participants. Dragonfly reserves the right, in its sole discretion, to cease to provide services, stop working with, and/or remove any person (or persons) who Dragonfly in its sole discretion feels presents potential harm, danger or disruption to themselves or anyone around them while engaging in any training or receiving any other services.
Participants Health Warranty
Participant represents that: (i) there are no medical or physical conditions that would preclude his or her use of Dragonflyâ€™s Classes and Facilities; (ii) he or she has not been instructed by any physician not to use Dragonflyâ€™s Classes and Facilities; (iii) he or she is in good health and has no disability, impairment, injury, disease or ailment preventing him or her from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. In addition, if in the opinion of Dragonfly staff, Participant would be at physical risk using the Classes and Facilities, Participant will be denied access to Dragonfly and its Classes and Facilities until Participant furnishes Dragonfly with an opinion letter from a medical doctor, at Participantâ€™s soul expense, specifically addressing Dragonflyâ€™s concerns, and stating that Dragonflyâ€™s concerns are unfounded.
If Participant declines to obtain such a letter, Participant will not be permitted to use the Classes and Facilities of Dragonfly.
Liability Release & Indemnity
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Participant agrees to release and to hold harmless Dragonfly, the Classes and Facilities, the respective directors, officers, representatives, members, agents and employees of Dragonfly and the Classes and Facilities, and each of their respective affiliates(hereinafter collectively â€œReleaseesâ€) from any and all liability, whether based on negligence, contract, tort, statute or otherwise, for any claim (including third party claims by the owners of the premises or other persons or entities), judgment, loss, liability, cost and expenses (including, without limitations, attorneysâ€™ fees and costs) arising out of or connected in any way with the Classes and Facilities, training, products, or other interaction Participant has with Dragonfly or any Releasee (collectively, the â€œServicesâ€), including but not limited to any claim arising out of or connected in any way with (i) any illness or injury (minimal, serious, catastrophic and / or death) that Participant may incur or sustain during or in any way in connection with the Services (whether or not at the premises and whether or not relating to any new or preexisting condition, disclosed or undisclosed), (ii) any act or omission of any kind or character (whether negligent, grossly negligent, tortious or otherwise) of any employee, consultant, other independent contractor or other representative of Dragonfly (whether at the premises, in connection with the Services, or otherwise) and (iii) all activities associated or connected in any way with the Services and while traveling to and from the premises, in each of the foregoing cases whether or not the Services are actually rendered in full or in part.
Participant further expressly agrees to indemnify and hold harmless Releasees and Releaseesâ€™ heirs, successors, assigns, executors and administrators against loss from any further claims, demands or actions that may subsequently be brought by Participant or by any other persons on the account of damages of any character resulting to Participant in any way from the foregoing activities. Participant further agrees to reimburse and to make good to Releasees any loss, damages, or costs Releasees may have to pay as a result of any such action, claim, or demand, including but not limited to attorneysâ€™ fees. Participant understands that the foregoing waivers and indemnities are a material inducement to Dragonfly to allow Participant to receive the Services, that Dragonfly is expressly relying on such waivers and indemnities in allowing Participant to receive the Services, and that but for such waivers and indemnities Participant would not be permitted to receive the Services.
Participant acknowledges and agrees that receiving the Services subjects Participant to the risk of physical illness or injury (minimal, serious, catastrophic and / or death) and that Participant acknowledges that he or she is assuming the entire risk of such illness or injury by receiving the Services. In the event of such illness or injury, Participant authorizes Dragonfly to obtain necessary medical treatment for Participant and hereby releases and holds harmless Releasees in the exercise of this authority. Participant further acknowledges and understands that he or she will be responsible for any and all medical and related bills that may be incurred by Participant for any illness or injury that he or she may sustain in connection with the Services and while traveling to and from the site for the Services whether or not the Services are actually rendered.
Governing Law; Consent To Jurisdiction
This Agreement shall be governed by the laws and decisions of the State of California.
Participant (and if applicable Participantâ€™s parent or legal guardian if Participant is under the age of 18) hereby represents and warrants that (i) he or she has read this Participant Enrollment Form in its entirety and fully understand its contents; (ii) is aware that this Participant Enrollment Form releases the Releasees from liability and contains an acknowledgement of his or her voluntary and knowing assumptionâ€ of theâ€ risk of injury or illness, and (iii) further acknowledges that nothing in this Participant Enrollment Form constitutes a guarantee that the Services will be fully or partially rendered.
Dragonflyâ€™s expectation of its customers is that they will not come to any in-studio class UNLESS they can answer â€œNOâ€ to all of the following four questions pertaining to personal health and potential COVID-19 exposure and symptions. Please ask yourself these questions before coming to Dragonfly, and if you answer â€œYESâ€ to any one question, please do not come to class.
1. Do you currently have a temperature of above 100.4 (F) or have you had such a temperature within the last three (3) days?
2. In the last 14 days, have you had close contact with or cared for someone diagnosed with COVID- 19?
3. In the last 14 days, have you experienced any of the following symptoms: cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, body aches, vomiting/diarrhea, nausea, or new loss of smell or taste?
4. In the last 14 days, have you traveled internationally or outside the state?
If your answer to all four questions is â€œNO,â€ see you on the bike or in the garage! If you need to cancel for COVID-related health reasons, please call the studio at 818.325.8900 to request a waiver of any cancellation fees.