Please read the following carefully.
RELEASE OF LIABILTY
ASSUMPTION OF THE RISK:
- I understand there is an inherent risk associated with any exercise, life coaching, or nutrition, program, including my voluntary participation in any cardio program, that may result in injury. The exercises and activities related to cardio programs will challenge my cardiorespiratory and musculoskeletal systems associated with the aerobic, anaerobic, strength, power, agility, flexibility, and breathing components of the program. I understand and am aware that the components of any of the exercise, life coaching, and/or nutrition programs are potentially hazardous activities and may cause injury.
- I understand that I may receive coaching adjustments to enhance or correct my body posture during any fitness class by the class teacher (or an assistant, if applicable). I will take accountability for alerting the teacher and/or assistant of any injury or impairment in advance before class begins or if I do not want to receive coaching adjustments.
- I acknowledge that I have either had a physical examination and/or have been given permission from my physician to participate in an exercise/nutrition/life coaching program or that I have decided to participate in an exercise/nutrition/life coaching program voluntarily and without the approval of my physician and do hereby assume all responsibility for my participation in any exercise/nutrition/life coaching associated with BRITTANY MAY, MOM TALES AND BARBELLS, or THE MAYS, hereafter the “Trainer”.
- I certify that I am physically well and suffering from no medical problems, conditions, impairments, diseases, or any other illness that would prevent my participation or increase my risk of injury and/or illness as a result of participating in any exercise/nutrition/life coaching program.
- I understand that all virtual workouts and events are done at my own risk. The participant(s) is/are solely responsible for any injury, property damage, or damage to any personal items. All items in the Waiver of Liability Agreement remain the same as with virtual workouts.
The risks for which I am solely responsible include, but are not limited to those arising out of resulting from:
- My selection and use of any exercise equipment
- My participation in supervised or unsupervised virtual activities and programs provided by the Trainer.
- My exercising at home virtually, including risk of heart attacks, strokes, heat stress, spasms, broken bones, and torn muscles or ligaments.
WAIVER: In consideration of my participation in the training provided by Trainer I, for myself, my heirs, executors, administrators or assigns, do hereby release, waive, discharge and covenant not to sue Trainer and/or its members, managers, officers, directors, agents, employees, and affiliated entities (Hereinafter referred to as “Releases”) from liability, from any and all claims, including the negligence of Trainer resulting in personal injury, accident or illnesses. (Including Death) and property loss arising from, but not limited to, participation in the training and use of facilities, premises or equipment wherever located and by whomever provided. In further consideration for the right for the right to use equipment provided by Trainer or equipment at another location, I acknowledge and agree that Trainer has not inspected the equipment at the Location or the suitability of the area for the training. I expressly release, hold harmless, discharge and indemnify (Including costs and attorney’s fees) Trainer and Releases for any loss, injury or damage (Including Death) from any cause, including negligence arising out of any Location, and/or arising out of the use of my equipment or equipment or facilities provided by Trainer.
SEVERABILITY AND JURISDICTION: I further expressly agree that the foregoing provisions in this Agreement are intended to be as broad and inclusive as permitted by the laws of the Commonwealth of Virginia and if any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I further acknowledge and agree that this Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Virginia. Any claims or legal actions by one party against the other shall be commenced and maintained in the state courts of the Commonwealth of Virginia and the parties hereby submit to the jurisdiction and venue of any such court in either state.
INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD Trainer and all Releasees harmless of any and all claims, actions, suits, procedures, costs, expenses, duties and liabilities, including attorney’s fees brought as a result of my Training with Trainer and to reimburse Trainer for any such expenses incurred.
PHYSICIAN APPROVAL: I have represented to Trainer that I have either a) been given a physician’s permission to participate in the Training, or b) voluntary participate in the Training and all risks related to the Training without the approval of my physician(s). I represent that I am not aware of any medical or physical condition that would prevent me from participating in the Training or from using equipment or facilities which pose a serious health risk to me. In the event that I have a medical condition such as high blood pressure, heart disease, respiratory problems or any other conditions or situation which may make any form of exercise, nutrition, or life coaching dangerous to one’s health, such as pregnancy, diabetes, or medication(s), I will report this/these condition(s) to the Trainer prior to the activity. Any such conditions and situations must be reported to the Trainer and proof of such consent must be presented upon request. I further acknowledge that Trainer has relied on my statements as being accurate and complete, as a condition to entering into this Agreement. I further acknowledge and agree that I am not obligated to participate in any Training that I do not wish to participate in. I will inform Trainer immediately if I do not wish to participate in any specific Training.