New Ground Enterprise
Waiver & Release of Liability

In consideration of being allowed to use exercise equipment and facilities and my participation in any classes, programs, or events (the “Programs”) provided by New Ground Enterprise (the “Company”), I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, to waive, release and discharge the Company and its respective officers, directors, employees, representatives, affiliates, successors and assigns as follows:

CONSENT OF A MINOR: Any children age 13 or under must have a parent present to complete this release waiver and consent form. If a child under the age of 13 completes this release waiver and consent form without the knowledge of a parent, the parent should reach out to the Company immediately. A parent can contact the Company at any time to address, restrict or remove any publicity of personal information that is within the control of the Company. If a parent or child(ren) experiences any challenge participating in the Programs offered by the Company due to an unwillingness to provide personal information or consent to the terms and conditions set for by the Company, the parent should contact the Company in writing, addressed to management, with specific concerns, examples and requests.

MEDICAL RELEASE: Pursuant to the provisions of sections 6910 et seq. of the California Family Code, and other applicable laws, I hereby authorize the Company to procure and consent to, medical, hospital or dental care for myself or my child in the event of injury as a result of participation in the Company’s Programs or use of equipment and/or premises.

COVID-19: I understand that the Company cannot prevent the presence of COVID-19 at the premises or prevent the possibility that me or my child(ren) will be exposed to, contract with, or spread COVID-19 while entering into and or utilizing the premises. I am aware of and acknowledge the seriousness of the risks associated with COVID-19. I HEREBY CHOOSE TO ACCEPT THE RISK OF CONTRACTING AND/OR SPREADING COVID-19 FOR MYSELF AND/OR MY CHILD(REN) IN ORDER TO BE ALLOWED TO ENTER INTO AND UTILIZE THE PREMISES. In consideration of my participation in the Programs use of the equipment and on behalf of myself, and any of all of my family members, minor child(ren), my heirs, successors, assigns and personal representatives and each of them, having voluntarily and knowingly entered the premises, I HEREBY FOREVER RELEASE AND WAIVE MY RIGHT TO BRING SUIT AGAINST THE COMPANY THEIR OWNERS, OFFICERS, DIRECTORS, MANAGERS, OFFICIALS, TRUSTEES, AGENTS, EMPLOYEES, AFFILIATES AND OR OTHER REPRESENTATIVES (THE “RELEASED PARTIES”) IN CONNECTION WITH ANY AND ALL EXPOSURE, INFECTION, AND/OR SPREAD OF COVID-19 RELATED TO ME AND/OR MY CHILD(REN) ENTERING INTO AND OR UTILIZING THE PREMISES. I understand that this waiver and release means that I have forever discharged the released parties and give up all of my right to bring any claims, actions, lawsuits, demands for damages and or losses, including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I or my child(ren) may have to seek damages against the Released Parties, whether known or unknown, foreseen or unforeseen to the maximum extent allowed by law.

PHOTO/VIDEO RELEASE: I hereby agree to allow and authorize the Company to use my own or my child(ren)’s photograph and/or video for publicity of the Company and its Programs.

WEBSITE/SOCIAL MEDIA RELEASE: I hereby agree to allow and authorize my own or my child(ren)’s name, image, likeness and any related content on any and all platforms of social media in the interest of creating awareness, recognition and support for the Company. This consent shall remain in effect in perpetuity. I acknowledge that if a specific article is removed from a website or social media, the content may be found on other public online or social media platforms as a result of sharing, reposting or copying. I waive any and all liability for any damages or claims arising out of the Company using my own or my child(ren)’s name, image and likeness on a website or social media platform.

WAIVER AND RELEASE OF LIABILITY: In consideration of my participation in the Company’s Programs and use of the equipment or premises or as an attending parent or spectator at the premises, I HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE the Company, their owners, officers, directors, employees, representatives and volunteers, from any and all present and future claims, demands, actions, payment and/or reimbursement of medical expenses, or causes of action resulting from any accidents, injuries, deaths, or loss of and/or damage to my/our person(s) or property arising out of or connected with my/our participation in any Programs or activities or events while at the premises. I hereby voluntarily waive any and all claims resulting from negligence or otherwise both present and future, which may be made by me, my family, estate, heirs, or assigns. Further, I am aware that the Programs may involve certain risks or possible dangers, including death, and that equipment provided for my protection may be inadequate to prevent serious injury. I am voluntarily participating in these Programs with knowledge of the danger involved and hereby agree to accept any and all inherent risks of property damage, personal injury, or death. I further agree to indemnify and hold harmless the Company, their owners, officers, directors, employees, representatives and volunteers for any and all claims arising as a result of my engaging in the Programs or use of the equipment or premises. I understand that this waiver is intended to be as broad and inclusive as permitted by the laws of the State of California and I agree that if any portion is held invalid, the remainder of this waiver will continue in full legal force and effect. I affirm that I am of legal age and am freely signing this document. I HAVE READ THIS FORM AND FULLY UNDERSTAND THAT BY SIGNING THIS FORM, I AM GIVING UP LEGAL RIGHTS AND/OR REMEDIES WHICH MAY BE AVAILABLE TO ME AGAINST THE COMPANY.

UNKNOWN CLAIMS: The releases contained in this document are intended as a full and complete release of all liability of any nature whatsoever for all damage, injury, loss, expense, including any consequential expense, loss or damage, whether the same are now known or unknown to the undersigned, expected, or unexpected by the undersigned, or have appeared or developed, and all rights under Section 1542 of the California Civil Code are hereby expressly waived and relinquished. Section 1542 of the California Civil Code provides as follows:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

I HAVE READ THE FOREGOING WAIVER AND RELEASE OF LIABILITY AND VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT.