This is a WAIVER AND RELEASE agreement for a participant, and where applicable, the participant’s born or unborn child or children (hereinafter, collectively referred to as “Client”), in any health or fitness related activity, class, event, program, or session offered by Fitnotic, LLC (as “Fitnotic” is defined below). Client desires to be a customer of Fitnotic, LLC, and engage in health and/or fitness related activities, classes, events, programs, or sessions offered by Fitnotic either in person, remotely through an online program, social media, Skype, FaceTime, or other audio or visual technology (hereinafter “Fitnotic Activities”), subject to the terms and conditions set forth in this WAIVER AND RELEASE agreement.
Client (or the parent or legal guardian of the Client if the Client is under 18 years of age) acknowledges that Fitnotic Activities involve an inherent risk of injury. Client hereby knowingly and freely assumes all such known and unknown risks to herself or himself and where applicable, Client’s born or unborn child or children, even if arising from the negligence of others, incident to such activities, and takes full responsibility for Client’s participation. Client hereby waives and releases, indemnifies, holds harmless and forever discharges Sheryl Wilson, Fitnotic, LLC, and their agents, employees, affiliates, successors and assigns, partners, coaches, instructors, and teachers (hereinafter, “Fitnotic”) of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that Client ever had or may have, arising from or in any way related to Client’s participation in any Fitnotic Activities, provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct.
Client acknowledges, agrees, and represents that Client understands the nature of the activity in which Client is engaging, and that Client is qualified, in good health, and in proper physical condition to participate in such activities. Client hereby warrants and represents that Client has consulted with Client’s medical provider, OBGYN, physician, midwife, doula, or other appropriate professional responsible for Client’s healthcare (hereinafter, “Medical Provider”) regarding such participation. If pregnant, Client hereby further warrants and represents that she is having a healthy pregnancy with no complications, that Client will keep Fitnotic updated on any changes in Client’s pregnancy, that Client has specifically obtained the approval of Client’s Medical Provider for participation in any and all Fitnotic Activities in which Client participates, and that Client is not relying on any representations made by Fitnotic.
This WAIVER AND RELEASE contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.
The provisions of this WAIVER AND RELEASE will continue in full force and effect for as long as Client engages in Fitnotic Activities, and even after the termination of the Fitnotic Activities, whether by agreement by operation of law, or otherwise. If any portion of this WAIVER AND RELEASE is held by a court of law to be unenforceable, such portion shall be disregarded and the remainder shall remain in full force and effect.
This WAIVER AND RELEASE shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. Any action arising out of or relating to this WAIVER AND RELEASE or Client’s participation in Fitnotic Activities must be commenced in the state or federal courts located in New York, New York, United States of America (and Client consents to the jurisdiction of those courts). In any such action, Fitnotic and Client irrevocably waive any right to a trial by jury.
I have read, understand and fully agree to the terms and conditions of this WAIVER AND RELEASE. I understand and confirm that by clicking the box linking to this WAIVER AND RELEASE I have given up considerable future legal rights. I have agreed to this WAIVER AND RELEASE freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. By clicking the box linking to this WAIVER AND RELEASE, I am providing proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law. I am 18 years of age or older and mentally competent to enter into this WAIVER AND RELEASE.