BY CLICKING “I ACCEPT”, I ACKNOWLEDGE AND REPRESENT THAT I have read the following Waiver of Liability and Hold Harmless Agreement (this “Agreement”), understand it and understand that I am giving up rights under it, and agree to it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from this written Agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete

In consideration for receiving permission to participate in the class or other activity for which I am making this reservation (the “Class”), I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Pivot PDX, the provider of the Class and each of their respective successors, assigns, affiliates, agents, officers, directors and employees and employers (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of actions whatsoever.

I hereby RELEASE, WAIVE, DISHARGE, AND CONVENANT NOT TO SUE Pivot PDX related to any loss, damage, or injury, including death, that may be sustained by me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise (including negligent rescue operations), while participating in such Class, or while in, on or upon the premises where the Class is being conducted.

I am fully aware of the unusual risks involved and hazards connected with participating in the Class and I represent that I am in good health and in proper physical condition to participate in the Class. I hereby elect to voluntarily participate in the Class with full knowledge that the activities may be hazardous to me.

I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me as a result of being engaged in such activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.

I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs, including court costs and attorney fees, that they may incur due to my participation in said activity, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise.

I understand that RELEASEES may not maintain any insurance policies covering any circumstance arising from my participation in the Class. As such, I am aware that I should review my personal insurance portfolio.

I hereby acknowledge and agree that the releases set forth in this Agreement are intended to constitute a full mutual general release of claims and covenant not to sue, regardless of the existence or effect of any unknown, unsuspected, or unanticipated claim or fact.

 It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above-named RELEASES.

 I hereby further agree that this Agreement shall be construed in accordance with the laws of the State of Oregon and that if any portion of this Agreement is held invalid, that the balance shall continue in full force and effect.

COVID-19 Warning and Waiver:

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The virus is thought to spread mainly from person-to-person, through respiratory droplets produced when an infected person coughs, sneezes, or talks. Pivot PDX cannot prevent you or your child(ren) from becoming exposed to, contracting, or spreading COVID-19 while utilizing Pivot PDX's services or premises.

I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in order to utilize Pivot PDX's services and enter Pivot PDX's premises.

I release and waive my right to bring suit against Pivot PDX and its officers, directors, managers, officials, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Pivot PDX's services and premises.

I understand that this waiver means I give up my right to bring any claims 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 may have to seek damages, whether known or unknown, foreseen or unforeseen.