Liability Release and Waiver
In consideration of being allowed to participate in the fitness activities, nutritional programs, meditation sessions, class or physical fitness program (the “Fitness Program”) provided by Angela Parker and Body Inspired Fitness, a California corporation (“BIF”, “we”, “us”, or “our”), you (“the Releasor”) acknowledge and agree to the terms of this Agreement. You also acknowledge and agree that the Fitness Program involves risk of injury, and you willingly assume full responsibility for any and all risks that you are exposing yourself to and accept full responsibility for any injury or death that may result from participation in the Fitness Program.
By participating in any Fitness Program, you recognize and understand that the Fitness Program is not without varying degrees of risk which may include, but are not limited to the following: Injury to the musculoskeletal and/or cardio respiratory systems which can result in serious injury or death, injury or death due to negligence on the part of yourself or the people around you, injury or death due to a medical condition, whether known or unknown to me, abnormal blood pressure, rhabdomyolysis and fainting.
You, the Releasor, attests that you have sought and received a medical examination that determined it was safe to participate in a program that involves extreme physical exertion and will obtain such a medical examination each year before participating in the Fitness Program. You agree to promptly notify Angela Parker and BIF in writing of any changes in your health that may call into question the appropriateness of your continuing to participate in the Fitness Program. You hereby certify that you know of no medical problems that would increase your risk of illness and injury as a result of participation in the Fitness Program designed by Angela Parker and BIF.
You acknowledge that you have voluntarily chosen to participate in a Fitness Program that may be extremely strenuous and may push you to the limits of your physical ability. You assume all risk for your health and well-being. You release and hold harmless Angela Parker and BIF and its directors, officers, owners, employees, and authorized agents including independent contractors (the “BIF Affiliates”) from all liability to you, the Releasor, for any loss, injury or damage. You waive any claim or demands based on, or on account of, any physical (including death) or mental injury, property damage (including theft), sustained by you whether caused by the active or passive negligence of BIF or BIF Affiliates. This agreement shall be effective and binding upon your heirs, next of kin, executors, administrator and assigns, in event of your death.
In further clarification of your above release, you accept financial responsibility for any injury that you may cause either to yourself or to any other participant, including but not limited to ambulance and paramedic assistance costs. Should BIF or any BIF affiliates, be required to incur attorney’s fees and costs to enforce this agreement, you agree to reimburse them for such fees and costs. You further agree to indemnify and hold harmless BIF and BIF Affiliates from liability for the injury or death of any person(s) and damage to property that may result from your negligent or intentional act or omission while participating in activities offered by BIF.
You recognize and understand that, in the event of a medical emergency, a BIF Affiliate may, in good faith, and not for compensation, render emergency medical or non medical care or assistance. However, you recognize and understand, that BIF Affiliates are under no obligation to render medical or non-medical care or assistance, and BIF and BIF affiliates shall not be liable for any injuries you suffer or for your death resulting from any act or omission to act other than an act or omission constituting gross negligence or willful or wanton misconduct.
Before participating in any Fitness Program, you agree that you have carefully read this agreement and fully understand its contents. You agree that you are aware that this is an assumption of risk and a release and waiver of liability and that by agreeing to it, which you do so knowingly, voluntarily, and of your own free will, you are obligated to indemnify BIF and BIF Affiliates for any liability for injury or death of any person and damage to property.
You acknowledge that Angela Parker and Body Inspired Fitness (BIF) is not physician and is not trained in anyway to provide medical diagnosis, medical treatment, psychotherapy, or any other type of medical advice.
You understand and agree that if you allow your child to participate in a Fitness Program offered by Angela Parker and Body Inspired Fitness, there are inherent risks in participating in a program or strenuous exercise. You are aware and agree that is your responsibility to consult with your child’s personal physician regarding his/her medical fitness level and ability to safely engage in strenuous exercise. You understand and agree that should your child feel light-headed, faint, dizzy, nauseated, or experience pain, that it is your child’s, as well as your own, responsibility to stop the activity. You hereby intend and agree to be legally bound for yourself and your child and waive release of any and all rights and claims for damages you or your child may have against Angela Parker and BIF for any and all injuries while following the training program provided to you or your child. You agree that Angela Parker and BIF shall not be liable or responsible for any injuries to your child, including death, resulting from his/her participation in any Fitness Program, and you expressly release and discharge Angela Parker and BIF from all claims, actions, judgments, and the like which you or your heirs, executioners, administrators, or assigns may have or claim to have as a result of any injury or other damage which may occur in connection with your child’s participation in any Fitness Program.
You have read and understand all of the above terms. You agree voluntarily and with full knowledge of its significance for yourself and your child.
This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
In the event of a dispute arising under or relating to this Agreement or a Fitness Program (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules,or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Equitable Relief section below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California, County of Los Angeles for purposes of any such action by us.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.