PARTICIPANT RELEASE OF LIABILITY
ASSUMPTION OF RISK AGREEMENT
In consideration of being allowed to participate in any way in with the fitness services and activities being offered by RESISTANCE., a Maryland Corporation, (the Company) and through persons acting in any capacity on behalf of the company being offered over the internet through various video formats including but not limited to VIMEO, VIMEO OTT, Livestream, ZOOM, Instagram, Skype, Facetime and the like; and for related events and activities pertaining to said fitness services and activities, I acknowledge, understand, appreciate and agree as follows:
- That the services offered by the company involve physical exercise, physical recommendations and in some instances other forms of physical modifications and nutritional modifications that can be strenuous and may cause bodily injury. I understand that there is an inherent risk of bodily injury when choosing to participate in any physical exercise, sport, wellness, nutritional and/or recreational activities, including the Services. My participation in the Services is a voluntary activity in all respects and I assume all risks of bodily injury and illness that may result from the Services.
- I understand that that the risk of injury from the activities involved from the services offered by the Company is significant, including the potential for permanent paralysis and death.
- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and I assume full responsibility for my participation.
- I willingly agree to comply with terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.
- I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS the Company, its owners, their agents and/or employees, other participants, sponsors, advertisers, insurers and, if applicable, owners and lessors of premises used to conduct the event (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH I may suffer, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I ACKNOWLEDGE THAT I HAVE BEEN ADVISED TO CONSULT WITH MY PHYSICIAN BEFORE I UNDERTAKE ANY PHYSICAL ACTIVITY OR NUTRITIONAL OR EXERCISE PROGRAM, INCLUDING THE SERVICES OFFERED BY THE COMPANY.
I REPRESENT THAT I AM AWARE OF THE FITNESS PROGRAM I WILL BE PARTICIPATING IN AND THAT I DO NOT SUFFER FROM ANY MEDICAL OR HEALTH CONDITION THAT MAY CAUSE INJURY TO MYSELF OR THAT MAY REQUIRE EMERGENCY CARE DURING MY PARTICIPATION AND I AGREE THAT SHOULD I BECOME AWARE OF ANY SUCH CONDITION THAT I WILL NOTIFY THE COMPANY AND ITS REPRESENTATIVES OF ANY MEDICAL OR HEALTH CONDITION THAT MAY CAUSE INJURY TO MYSELF OR MAY REQUIRE EMERGENCY CARE DURING MY PARTICIPATION. I FURTHER REPRESENT THAT SHOULD I EXPERIENCE ANY PAIN OR DIFFICULTY WITH DURING MY PARTICIPATION THAT I WILL VOLUNTARILY CEASE MY PARTICIPATION IMMEDIATELY BECAUSE I UNDERSTAND THAT IF I DO NOT CEASE SUCH PARTICIPATION THAT I MY SERIOUSLY INJURE MYSELF OR HAVE A MEDICAL ISSUE THAT MAY CAUSE DISABILITY OR DEATH.
I hereby grant and convey to the Company all right, title and interest in and to record my name, image, voice, or statements including any and all photographic images and video or audio recordings made by the Company.
I agree that I will not copy, photograph, broadcast, retransmit or otherwise record in any manner any portion of any Service or any written or other tangible materials used in connection with any Service offered by the Company and that my participation is solely for my own personal use and not for use by any other person or for any commercial purpose whatsoever.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND THAT MY PARTICIPATING IN THE FITNESS PROGRAM IS TO BE DEEMED MY ACKNOWLEDGMENT AND AGREEMENT TO THE TERMS HEREIN FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT AND WITH THE KNOWLEDGE THAT THE COMPANY IS RELYING UPON MY ADKNOWLEDGMENT AND AGREEMENT TO THE TERMS HEREIN IN ORDER TO ALLOW ME TO PARTICIPATE IN THE FITNESS PROGRAM AND SERVICES OFFERRED BY THE COMPANY.
IN THE EVENT OF ANY DISPUTE I AGREE THAT THE VENUE OF ANY DISPUTE SHALL BE IN THE STATE OF NEW YORK OR FLORIDA, AT THE SOLE OPTION OF THE COMPANY IN THE COUNTY CHOSEN BY THE COMPANY AND THAT I AGREE TO BINDING ARBITRATION THROUGH THE AMERICAN ARBITRATION ASSOCIATION OR EQUIVALENT IN SAID STATE.
I acknowledge that none of the Released Parties has represented to me or provided me with any assurance of any kind that my participation in the Services will result in any particular physical, psychological or other outcome, such as weight loss, psychotherapeutic benefits or the ability to perform any sport or other physical activity.
I acknowledge that I have read and fully understand this Waiver of Liability and Release as set forth above and that I am signing it voluntarily with full knowledge of its contents.
If I am under 18, I represent that this waiver has been read by one of my parents or legal guardians on my behalf.