I agree that I am voluntarily participating in the Program, that I may cease participation in the Program at any time, and I hereby assume all risks of my participation in the Program. I also hereby hold harmless and release Company, its members, managers, and employees and agents (hereinafter, collectively, “Indemnitees”) and indemnify each of them from and against any and all losses, claims, causes of action, lawsuits, damages, liabilities, costs, or expenses whatsoever which any of them may incur arising out of or in connection with my participation in the Program. This waiver and release of liability includes, without limitation, all injuries which I may suffer as a result of my participation in the Program. I acknowledge that I have carefully read this “waiver and release” and fully understand that it is a release of liability.
The Company will offer health and wellness training and/or instruction designed to improve physical and mental health through the use of videos, literature, and a physical exercise program that is currently designed around the use of kettlebells, sandbags, bodyweight, and other equipment.
I acknowledge that, because physical exercise can be strenuous and can subject me to risk of serious injury or death, the Company has encouraged me to obtain a physical examination from a doctor before participating in any physical exercise or activity conducted as part of the Program. I also acknowledge and understand that any physical exercise activities and the use of training and fitness equipment and machinery, including kettlebells, involve risks of serious injury, permanent disability, or death, even if used correctly and with the utmost attention to safety. Such risks include but are not limited to broken bones; strained, sprained, or torn muscles; strained or torn ligaments, tendons, and other connective tissues; spinal cord injuries including but not limited to herniated discs and/or pinched nerves; cardiovascular and/or cerebrovascular events, including but not limited to heart attack, stroke and/or exhaustion; and/or the aggravation of pre-existing physical conditions, whether known or unknown. I further acknowledge and understand that all of these risks are especially pronounced in an online programming setting, such as that embodied in the Program, because I will necessarily be engaging in physical exercise activities on my own and without real-time supervision by any person. I therefore acknowledge and agree that my participation in any such physical exercise or activity offered by the Program is voluntary and entirely at my own risk.
I hereby certify that I am at least 18 years of age, I agree that neither I nor any member of my family will sue Indemnitees because of my participation in the Program, and I understand that this agreement shall be binding upon my estate, my heirs, next of kin, executors, administrators, representatives, successors and assigns.
I acknowledge and understand that the Company and its members, officers, employees, agents, and representatives are not physicians and they do not hold themselves out to possess professional expertise in medical matters, and that the Program is not intended as medical advice, medical evaluation and/or counseling, and/or treatment for any particular health condition.
I also understand that the Program is not intended as psychotherapy or psychiatric/psychological counseling even though the Program will feature activities designed to teach me personal health and wellness skills I can use for my personal growth. I understand that I am responsible for my participation in the Program and any personal health and wellness work I choose to do, and I will not hold Company responsible for any pain and/or emotional suffering that may result from it.
I also acknowledge and understand that the Company cannot guarantee that the Program will be safe, effective, and/or suitable for any or all participants, including me, or that I will achieve certain results from participating in the Program. The Program is provided without any warranty or guarantee of any kind, express or implied.
I acknowledge and understand that the Company is committed to protecting the data and information gathered as part of the Program and will not share such data and information with any third party unless expressly or legally authorized and/or compelled by law to do so and/or unless otherwise provided in this agreement.
At the end of the Program, I understand I may be requested to provide a testimonial about it, and that such testimonial will be published by Company in its marketing and/or advertising materials, including but not limited to its website. Such testimonial, however, is voluntary and I am not required to provide one. Only my first name will accompany the testimonial on any such marketing and/or advertising materials, and my last name will be omitted. I understand that if I do not wish any private information about me to be disclosed to the public, I must not include such information in my testimonial, and that anything I include in the testimonial is voluntary and, therefore, my sole responsibility.