- ASSUMPTION OF FITNESS PROGRAM RISKS: Participant acknowledges and understands that: a) there are various risks associated with any weight loss program, including, but not limited to changed frequency and/or type of physical activity and/or diet; b) the specific risks arising from or relating to such weight loss program may vary; and c) risks involved may range from (i) minor injuries such as temporary digestive discomfort, scratches, bruises, and sprains; (ii) to major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussion; (iii) to catastrophic injuries including paralysis and death. Participants expressly, voluntarily and irrevocably assume all risk of death, personal injury and/or damage to property sustained while participating in any and all activities during participation in the Program whether or not such damage is caused by a negligent act or omission or any defect in the surroundings or equipment provided/used.
- REPRESENTATION AND WARRANTIES AS TO FITNESS FOR TRAINING: Participant hereby certifies and attests that he/she is in a physical condition sufficient to safely participate in a training program. Participant further certifies and attests that he/she has no known conditions (including pregnancy), ailments, diseases, disorders, proclivities, or tendencies that would or will render participation in the Program unsafe or unhealthy.
- ASSUMPTION OF RISKS OF SURROUNDINGS: Participant acknowledges and understands that he/she may need to exercise in a variety of locations throughout the Program; such locations may include, but are not limited to, gyms, Participant’s home, and outdoor public areas. The Company assumes no responsibility for any defects or dangerous conditions of any of the surroundings even if the defect or condition was caused by a negligent act or omission by an employee or an employee knew or should have known that such a defect or condition existed. The Company has no duty to warn the Participant or to check the surroundings to verify the condition on behalf of the Participant.
- LIABILITY RELEASE: In order to participate in the Program, the Participant, on behalf of his/herself and anyone else entitled to act on his/her behalf at any time, hereby WAIVES any and all claims, actions, damages, liabilities, losses, attorney fees, costs and expenses of any kind, arising out of, resulting from, or by reason of, any tort, contract, or statutory cause of action related to his/her participation in or in connection with the Program, any exploitation of the Program, appearance in the Program, or the exercise by Company of any rights granted by participant under this Waiver on any legal theory whatsoever (including but not limited to personal injury or property damage claims). Participant also RELEASES and FOREVER DISCHARGES the Company and any of its (as applicable) owners, shareholders, partners, directors, officers, managers, executives, employees, independent contractors, subcontractors, agents, attorneys, assigns, affiliates, parents, and subsidiaries, whether past or present, of and from any and all claims arising out of and/or in connection with participation in the Program.
- VALIDITY OF WAIVER/PARTIES BOUND BY AGREEMENT: Participant understands that if he/she institutes or anyone on their behalf institutes, any suit or action at law or any claim for damages or cause of action against the Company, organizations and/or persons described in this Waiver because of injury to Participant or property, or death, due to the activities covered by this Waiver, this Waiver can and will be used in court as conclusive evidence of Participant’s full informed “covenant not to sue,” and it is Participant’s full intent and desire that this waiver be given full force and effect to prevent any litigation brought by their estate, heirs, executors, administrators, successors and assigns who attempt to bring suit against the Company. Participant has freely relinquished his/her right to sue and thus his/her successors, heirs and assigns shall be equally bound in law and equity by this covenant not to sue. It is Participant’s understanding and intent that this Waiver will be binding not only on the Participant, but will also be binding on all other persons or entities including their estate, executors, heirs, personal representatives, administrators or other successors and assigns who may initiate any suit, action, claim or other proceeding arising out of participation in any and all activities, whether or not such injuries, damages or losses are caused by negligent acts or omissions of any released party.
- NO GUARANTEE: The Company makes no guarantee of the end results for Participant under the Program.
- PARAGRAPH HEADINGS: Paragraph headings contained in this Waiver are for mere convenience of the reader and shall not be used in interpretation of this document.
- SEVERABILITY: The remainder of this Waiver shall remain in binding effect if any provision, in whole or part, of this Waiver is deemed to be unenforceable for any reason.
- MODIFICATION: This Waiver may be modified only by the execution of a written document signed by the Company and Participant.
- GOVERNING LAW: This Waiver shall be interpreted and governed by the laws of the State of Utah.
- ENTIRE AGREEMENT: This Waiver represents the entire understanding and agreement between Company and Participant.
BY READING THIS AND PAYING FOR A PROGRAM, I HEREBY ACKNOWLEDGE, DECLARE and RECOGNIZE that the Program may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities. I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in an exercise program. I affirm that I alone am responsible to decide whether to practice and participate.
I will indemnify and hold harmless Fit2Fat2Fit, Drew Manning, Lynn Manning, 2Fitathome and Manning, LLC and its officials, agents, employees and volunteers from any and all claims, losses or expenses arising out of the performance of this Waiver (agreement) including all litigation expenses and reasonable attorney’s fees.