Sonoma Training
19800 8th Street East, Ste 4
Sonoma,CA 95476

Express assumption of risk: I, the undersigned, am aware that there are significant risks involved in all aspects of physical training. These risks include, but are not limited to: falls which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while at Sonoma Training. I, the undersigned acknowledge that I have no physical impairments or illnesses that will endanger myself or others.

Release: In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities available at Sonoma Training, I, the undersigned hereby release Sonoma Training, their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of Sonoma Training, their principals, agents, employees, and volunteers. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with Sonoma Training to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.

Indemnification: The participant recognizes that there is risk involved in the types of activities offered by Sonoma Training. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Sonoma Training, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by Sonoma Training.

Rhabdomyolysis Release: Rhabdomyolysis (hereinafter referred to as "Rhabdo") can occur when an individual's physical activity is so intense that muscular cells begin to breakdown and the contents and/or remaining materials enter the bloodstream. Rhabdo may be caused by many other systemic or environmental causes. However, Exertional Rhabdo can occur in athletes of all levels of fitness, resulting in muscle cell destruction. The skeletal muscle breakdown impairs kidney function as those organs are unable to handle increased enzymes that are released into the bloodstream. This induces severe physiological changes in the body. The symptoms of Rhabdo include muscle pain, stiffness and extreme weakness, darkening of the urine (similar to the color of tea or cola), decreased urine output, altered mental status, swelling of the body part involved, either with or without pain. A Rhabdo symptom is pain out of proportion to the amount of soreness that one would generally expect, often producing pain much quicker than one would expect after a workout.

I, the undersigned, understand that any concerns on my part that I am experiencing any of the symptoms of Rhabdo require immediate presentation to a hospital for emergency treatment. I acknowledge that no third party, either from the facility or otherwise, will be capable of monitoring my urine output or color, and it is my responsibility to be continually cognizant of this symptom and all other symptoms and to monitor them in my own body at all times. I agree that I will remove myself from participation and seek medical treatment of my own accord should I have any concerns regarding possible symptoms of Rhabdo. I understand that statistically individuals most likely to experience Rhabdo are those who are in good shape by general standards or who were previously in good physical shape. This includes individuals who were prior athletes. I acknowledge that often the more mentally tough an athlete is and the more athletic they were in the past or currently are, the greater the risk of exposure to Rhabdo.

I, the undersigned, agree to monitor myself in a manner that is proportionate to the potential injury that can be occasioned by this condition. I acknowledge and understand that I am the only individual capable of determining if I am experiencing Rhabdo symptoms. I hereby agree and do willingly assume responsibility for any risks that I expose myself to and accept full responsibility for any injury or death that may result from participating in this significantly demanding physical activity. I for myself and on behalf of my heirs, assigns, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE and/or their officers, directors, representatives, partners, officials, principals, agents or employees, subsidiaries, or assigns, as well as their independent contractors.

In addition to being unprecedented, the coronavirus pandemic remains a highly fluid situation. While the State and Sonoma County has permitted some businesses to reopen, including ours, the risks posed by coronavirus remain. While we have taken steps to keep you, our coaches, and our other members healthy and safe while working out at Sonoma Training, unfortunately we can not guarantee that one of our members will not become ill with coronavirus. This being the case, it's important to know that your choice to return to the gym is at your own risk - you assume all risk and liability associated with coronavirus infection. We are asking all members to sign their acknowledgement of this coronavirus release which we will require prior to entering the gym. 

ASSUMPTION OF RISK AND RELEASE OF LIABILITY RELATING TO CORONAVIRUS / COVID-19 

Coronavirus (COVID-19) has been declared a worldwide pandemic by the World Helath Organization. Coronavirus is extremely contagious and is believed to spread mainly from person to person contact. As a result, federal, state, and local movements and federal and state health agencies recommend physical distancing and have, in may places, prohibited the assembly of large groups (usually 10 or more).

You acknowledge that Neil Colwell, DBA Sonoma Training (herein after referred to as Sonoma Training) has put in place certain "coronavirus rules", and taken certain preventative measures, to reduce the spread of coronavirus within the facility; however Sonoma Training cannot guarantee that you, your guests, or your family, will not be exposed to or become infected with coronavirus. You understand that by accessing the gym, you may be putting you, your guests, and/or your family at increased risk for contracting coronavirus. You further acknowledge that individuals with health conditions such as heart disease, cancer, or diabetes may be more likely to suffer more severe symptoms as a result of contracting the coronavirus. 

By signing below, you (referred to as "I") understand, acknowledge, and agree to the following statements:

I assume the risk that I, my guests, and/or my child(ren) may be exposed to or become infected with coronavirus and that such exposure and/or infection may result in personal injury, illness, causing mild symptoms such as fever, body aches, or more severe complications, such as pneumonia, organ failure, permanent disability, or death. 

I understand that the risk of exposure to or infection with coronavirus may result from the acts, omissions, or negligence of myself or others, including but not limited to, the employees, owners, and other members of Sonoma Training. 

I voluntarily agree to assume all of the forgoing risks and accept sole responsibility for any injury to myself, my guests, or my family (including, but not limited to, personal injury, disability or death), illness, damage, loss, claim, liability or expense (including medical bills, attorneys' fees and court costs), or any kind, that I, my guests, or my family may experience or incur in connection with my access to the gym or participation in the services by Sonoma Training (collectively, "Claims").

I hereby release, covenant not to sue, discharge, and hold harmless Sonoma Training, it's employees, contractors, agents, owners, representatives, and affiliates, (collectively "Releases"), of and from all Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or related to my access to the gym or participation in the services providing by Sonoma Training, whether arising out of the negligent or grossly negligent acts or omissions of any Releasee or otherwise, and whether any coronavirus infection or exposure occurs before, during, or after access to the gym or participation in any of the services provided by Sonoma Training. 

I understand that by signing this release, I am waiving any and all Claims, including those Claims that may be unknown to me, or which I do not suspect to exist at this time. IF I AM A RESIDENT OF CALIFORNIA, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER THE CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS 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 understand and agree that this COVID Agreement section shall be in addition to, and not in leiu of, any other assumption of risk provisions or releases of liability as may be found in my membership waiver and agreement herein, and that such assumption of risk and releases of liability provisions remains fully intact. 

If any provision of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court or arbiter declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions, which small be enforced as if the offending provision had not been included in this Agreement. Releases are third-party beneficiaries to this Agreement and shall have the right to enforce this Agreement as if Releases were a party hereto. 

I acknowledge that I have read and understood all the terms of this Agreement, have been given the opportunity to review its terms with my legal counsel, and am voluntarily giving up substantial claims. I understand the assumption of risk, and release liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.

PARENTAL CONSENT, (for participants under the age of 18) I, the undersigned parent or legal guardian of the child shown above, have read the above and understood the foregoing assumption of risk, and release of liability and agree to its terms on behalf of my child and myself. I understand that by signing below, I am giving up substantial rights on behalf of my child and myself.

the undersigned