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In consideration of the risk of injury while participating in Fitness and Sports Activity (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Dw8sover “Fitness Junkies”, located at 5325 Young Barn Road A2 Fitness, Shakespeare Park, Ida Bell Young Park, Downtown Montgomery, etc, Alabama , their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I am voluntarily participating in the aforementioned Activity and I am participating in the Activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity, including travel to, from and during this Activity.
I agree to indemnify and hold harmless Dw8sover “Fitness Junkies” against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Dw8sover “Fitness Junkies” incurs any of these types of expenses, I agree to reimburse Dw8sover “Fitness Junkies” I acknowledge that Dw8sover “Fitness Junkies” and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Dw8sover “Fitness Junkies”.
I acknowledge that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I acknowledge that I have carefully read this "waiver and release" and fully understand that it is a release of liability. I expressly agree to release and discharge Dw8sover “Fitness Junkies” and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Dw8sover “Fitness Junkies” for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Dw8sover “Fitness Junkies”, its agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and Dw8sover “Fitness Junkies” agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.
If you are purchasing a Consultation, please pick the date and time for your consultation as discussed via email or text.
*SPECIFIED HEALTH CONDITIONS*
PLEASE CONSULT YOUR PHYSICIAN BEFORE STARTING ANY DIET OR EXERCISE PROGRAM.
Please Sign Indicating that information provided is true. Certain medical conditions may not allow you to participate in certain activities and you may be required to provide a Doctor’s Release form should you decide to participate. Performing such exercises may put you at risk for injury! I am not a Physician or Nutritionist and all exercises and foods eaten are participated in and eaten at your own risk.
I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears.
Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse settings within an unrestricted geographic area.
Photographic, audio or video recordings may be used for the following purposes:
On-line (YOUTUBE, FACEBOOK, INSTAGRAM, and WEBSITES)INFORMATIVE AND ADVERTISED videosMARKETINGOTHER
By signing this release I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the INTERNET or in the PUBLIC setting.
I will be consulted about the use of the photographs or video recording for any purpose other than those listed above. (OTHER)
There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.
This release applies to ANY photographic, audio or video recordings collected during Personal Training, Bootcamps, and Fitness Junkies’ Events.
By signing this form I acknowledge that I have completely read and fully understand the above release and agree to be bound thereby. I hereby release any and all claims against any person or organization utilizing this material for Health and Fitness Related purposes.
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