Safety Measures

VOLUNTARY PARTICIPATION: I, the undersigned, acknowledge that I have voluntarily enrolled myself and my family members, (herein after referred to as “the Player”) to participate in an event run by SoCal Athletics, Inc. and JG Performance Fitness, Inc. (“SoCal Athletics”, “HealthWest” or the “Club”).

I and my family (“I” or “we”) understand and acknowledge that we have voluntarily chosen to participate in activities at SoCal Athletics and/or to use the SoCal Athletics facilities, including but not limited to indoor, outdoor, and sand volleyball; weight, strength, and fitness training and instruction; participation in leagues, competitions, tournaments, camps, or special events; instruction in any activities; and/or any other activity undertaken on SoCal Athletics’s premises (hereinafter collectively referred to as the “SoCal Athletics Activities”) and use of buildings, locker rooms, indoor and outdoor volleyball courts, including sand courts, fitness equipment, weights, and other facilities owned or used by SoCal Athletics (hereinafter collectively referred to as “use of the facilities”). In consideration for my being allowed to participate in the SoCal Athletics Activities and the use of the facilities, I hereby agree to release and discharge from all liability SoCal Athletics, Inc., JG Performance Fitness, Inc., and each of their agents, owners, members, affiliates, investors, officers, directors, volunteers, employees, coaches, instructors, tournament sponsors, contractors, all other persons or entities acting in any capacity on their behalf, all landlords and property owners (hereinafter collectively referred to as “SoCal Athletics”), on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives, guardians and estate as set forth herein.

ACKNOWLEDGEMENT OF RISK: I recognize that there are inherent and other risks, which may or may not all be listed in this document, associated with the SoCal Athletics Activities. These dangers include but are not limited to falling; striking padded or unpadded surfaces; being injured by balls, posts, other objects, or the actions or inactions of participants, instructors, or spectators; equipment failures; risks associated with playing volleyball on hard surfaces and sand; risks associated with encounters with animals and insects; potential exposure to communicable disease such as viruses and bacteria in connection with use of the facilities; and illness or injury resulting from engaging in physical activity. I recognize that if I encounter these risks, serious injury or death may result, and I understand that no amount of care, caution, instruction or expertise can eliminate these risks. I understand that I alone am responsible to decide whether to engage in the SoCal Athletics Activities. I confirm that I am physically and mentally capable of participating in the SoCal Athletics Activities, and I understand that if my mental or physical condition changes after the execution of this agreement such that I am not capable of participating in the SoCal Athletics Activities, I am obligated to cease participating in the SoCal Athletics Activities. I understand that it is my responsibility to comply with all posted procedures, including safety procedures and hygiene procedures intended to lessen the likelihood of the spread of disease between participants and/or staff.

ASSUMPTION OF RISK: Despite the risks involved and as consideration for being allowed to participate in the SoCal Athletics Activities, I AGREE TO EXPRESSLY ASSUME ANY AND ALL RISK OF INJURY OR DEATH that might be associated with my participation in the SoCal Athletics Activities and use of the facilities.

AGREEMENT NEVER TO SUE: I AGREE NEVER TO SUE AND TO RELEASE FROM LIABILITY SoCal Athletics for any damage, injury or death to me arising from participation in the SoCal Athletics Activities or use of the facilities, regardless of cause, including the ALLEGED NEGLIGENCE of SoCal Athletics, including claims of negligent instruction, with the exception of claims that cannot be released under applicable law. I understand that this RELEASE OF LIABILITY will prevent me, my child, and my heirs from filing suit or making any claim for damages in the event of injury or death arising from my participation in the SoCal Athletics Volleyball Activities or use of the facilities. I UNDERSTAND THIS IS A RELEASE OF LIABILITY that will apply whenever I participate in the SoCal Athletics Activities or use of the facilities, and that each time I use the facilities and/or engage in the SoCal Athletics Activities, that will constitute a renewal and reaffirmation of my and acceptance of this agreement.

INDEMNITY: If I, my child, my heir, my estate, or my legal representative files a claim or a lawsuit arising out of my participation in the SoCal Athletics Activities or use of the facilities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SoCal Athletics for any and all damages, attorney’s fees, and costs arising out of such a claim or a lawsuit. If I execute this agreement on behalf of another person, I certify that I am authorized to execute this agreement on their behalf and agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS SoCal Athletics in the event that person brings a claim and contends that I was not authorized to execute this agreement.

GOVERNING LAW, JURISDICTION AND SEVERABILITY: I agree that this Waiver and Release of Liability shall be governed by California law and construed as broadly as permissible under the law. In the event that I file a lawsuit against SoCal Athletics, I agree to do so solely in the State of California, San Diego County Superior Court. I agree that if any portion of this Waiver and Release of Liability is held to be invalid, the rest shall nonetheless remain in full force and effect. This document constitutes the entire agreement between the parties and it cannot be changed or modified except in writing.

PHOTO AND VIDEO RELEASE: I acknowledge that SoCal Athletics and other participants may photograph or videotape the SoCal Athletics Activities and SoCal Athletics facilities. I agree that SoCal Athletics may use these recordings in any way without compensation to me including, but not limited to, for marketing purposes and as evidence in any litigation.

I understand that this document is written to be as broad and inclusive as legally permitted by the State of California. I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms.

I CERTIFY THAT I AM AT LEAST 18 YEARS OF AGE ON THE DATE HEREOF, AND IF I AM SIGNING ON BEHALF OF A MINOR PARTICIPANT, THAT I AM THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN.

Contagious diseases including any viral or bacterial disease such as COVID-19, SARS, MRSA or any communally contagious disease as defined by the CDC and/or any recognized public health authorities are extremely dangerous and are often spread from person-to-person contact, including individuals without disease symptoms. As a result the federal, state, and local governments and federal and state health agencies at times recommend social distancing and will, in many locations, prohibited or limited the congregation of groups of people.

VOLUNTARY PARTICIPATION: I, the undersigned, acknowledge that I have voluntarily enrolled myself and/or family, (herein after referred to as “the Participant”) to participate in an athletic event run by SoCal Athletics, Inc. and/or JG Performance Fitness, Inc. (“SoCal Athletics”, “HealthWest” or the “Club”).

EXISTING RELEASE FROM VALIDITY: I acknowledge that previously signed Release of Liability and Waiver forms signed on my behalf and on behalf of my family continue to hold their full force and effect. This Waiver and Release is specific to contagious diseases and its risks.

AGREEMENT TO ABIDE: When federal, state, and local governments and federal and state health agencies recommend specific preventive measures all participants in sponsored activities at SoCal must agree to and abide by a set of specific conditions. I, the undersigned, and the Participant acknowledge and agree to abide by conditions including, but not limited to the following:

- Participants must use hand sanitizer prior to gym entry and throughout.
- No personal items in the gym except keys and water bottle.
- Participants must wait outside the gym prior to the start of their event.
- Bathrooms are off limits unless in an emergency.
- Participants will assist in cleaning spaces personally utilized during event.
- Parents are required to wear masks while in the gym.
- Participants must submit to temperature testing prior to participation. Any temperature over 100 degrees will disallow participation.

SoCal and HealthWest has put in place numerous preventative measures and enhanced cleaning protocols to reduce the likelihood of spreading contagious diseases in our environment; however, the Club cannot guarantee that you, the Participant, your other children, if applicable, or additional family members will not become infected with the contagious diseases. Further, attending sponsored activities at the Club could increase your risk and the risk of additional family members around you in contracting contagious diseases. Participation conditions are subject to change.

CONTAGIOUS NATURE: I acknowledge the contagious nature of diseases and voluntarily agree to the terms described above and assume the risk that the Player, my children, my family members, and I (hereafter my “Family”) may be exposed to or infected by a contagious disease by our participation and that such exposure or infection may result in personal injury, illness, permanent disability, and death.

ASSUMPTION OF CONTAGIOUS DISEASE RISK: I understand that the risk of becoming exposed to or infected by a contagious disease at the Club may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Club employees, volunteers, contractors and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself, the Participant, and my Family (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or the Participant or my Family may experience or incur in connection with the Participant’s attendance at the Club or participation in Club programming (“Claims”).

REPORTING OF GOOD HEALTH: I warrant and represent that myself, the Participant, and my Family are in good health and have no symptoms of sickness or illness, either which have been linked to or have not been linked to contagious diseases, and that myself, the Participant, and my Family are not aware of any exposure to other individuals who are confirmed or suspected to have a contagious disease, have contagious disease symptoms, or are awaiting test results for a contagious disease. I acknowledge and agree to report any change in the good health status of myself, the Participant, or my Family and that such reporting will terminate the ability of the Participant to participate until the health status of myself, the Participants, and my Family is determined again to be good.

HOLD HARMLESS: On my behalf, and on behalf of the Participant and my Family, I hereby release, covenant not to sue, discharge, and hold harmless the Club, its employees, agents, contractors, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Club, its employees, agents, contractors, and representatives, whether a contagious disease infection occurs before, during, or after participation in any Club program.

KNOWING AND VOLUNTARY EXECUTION: I have carefully read this Agreement and fully understand its contents. I am aware that this is a release of liability between me, SoCal Athletics, Inc., JG Performance Fitness, Inc., and/or its employees, volunteers, agents or contractors, any of its affiliate organizations, and any other contracted facilities it uses, and I acknowledge its contents and agree to the terms, conditions, and contents fully of my own free will.