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Waiver & Release
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I have enrolled in and/or am participating in a fitness/wellness program ("Program") offered by Christine Bieniek, a certified PiYo Live and Warrior Rhythm Instructor. The Program will include, but is not limited to, physical exercise. I understand that I should not participate in this Program if I have any physical or health limitations. I fully understand that there can be certain risks of physical injury in connection with the Program, and, intending to be legally bound hereby, I, the undersigned, for myself as well as my heirs, assigns and legal representatives, expressly agree to:
1) Release, waive and discharge the Coach, and any and each of their respective successors, assigns, affiliates, shareholders, officers, directors, managers, agents, attorneys, employees, and advertising/promotional companies ("Released Parties"), from all manner of actions and causes of actions, suits, debts, accounts, judgments, claims and demands whatsoever in law or equity (including costs and attorneys' fees), including all claims arising out of or related to any incidents involving personal injury, arising in any way by participation in the Program and/or the Released Parties use of any recording of the whole or any part of the Program;
2) Not commence the Program unless I know I am in the proper physical condition (including by obtaining proper advice from my medical provider if applicable), and immediately stop any Program activities should I have ANY discomfort;
3) Assume any and all risks involved in or arising from my voluntary participation in the Program, including without limitation, the risks of death, bodily injury, or property damage;
4) Indemnify, defend and hold harmless the COACH / Instructor from any and all claims, causes of action, damages, judgments, costs or expenses, including attorneys' fees, arising in any way by my participation in the Program.
5) Recognize that it is my responsibility to work directly with my health care provider before, during, and after seeking nutrition and/or fitness consultation; and also recognize that any information provided is not to be followed without prior approval of your doctor and, if so, agree to accept full responsibility for my decision.
My electronic signature below indicates that I have read all of the above material and fully understand this waiver as well as the risks and hazards that apply to participation in the Program. By signing this document, I realize that I am waiving certain legal rights, and I have done so voluntarily.
DISCLAIMER:
In consideration for permitting Participant to participate as a challenger in On-Line Class with Christine Bieniek / Healthy Happy Guru, the purchased, for themselves, and for their respective heirs, personal representatives and assigns, agree as follows:
ASSUMPTION OF RISK: The purchaser hereby acknowledges and agrees that he/she understands the nature of Healthy Happy Guru; that PARTICIPANT is qualified, in good health, and in proper physical condition to participate therein; that there are certain inherent risks with exercising with Christine Bieniek / Healthy Happy Guru; and that, except as expressly set forth herein, he/she, knowingly and voluntarily accepts, and assumes responsibility for, each of these risks, and all other risks and dangers that could arise out of, or occur during, PARTICIPANT’S participation in On-line class with Christine Bieniek. PARTICIPANT shall consult with his/her own physician for any and all medical questions, issues, and advice.
INDEMNIFICATION AND HOLD HARMLESS: The purchaser hereby agrees to INDEMNIFY, DEFEND AND HOLD CHRISTINE BIENIEK / HEALTHY HAPPY GURU HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorney’s fees, arising from, or in any way related to, Participant’s participation in On-line class with Christine Bieniek / Healthy Happy Guru, except for those arising out of the willful misconduct, gross negligence or intentional torts of the above parties, as applicable. Participant agrees that if an action is filed, it shall be filed in the State of Florida, Sarasota County.
SEVERABILITY: The purchaser expressly agrees that the foregoing assumption of risk, release and waiver of liability and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
ACKNOWLEDGMENT OF UNDERSTANDING: The purchaser has read this assumption of risk, release and indemnity agreement. The purchaser fully understands this assumption of risk, release and indemnity agreement, and acknowledges that the purchaser is giving up substantial rights in connection therewith, and that its’ terms are contractual, and not a mere recital. The purchaser acknowledges that he/she is signing this agreement freely and voluntarily.