Liability Waiver

LIABILITY WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT

 

IN CONSIDERATION OF THE PRIVILEGE OF PARTICIPATING IN THE NUTRITION AND STRENGTH TRAINING REGIMEN DESIGNED EXCLUSIVELY BY SOHEEFIT SYSTEMS, LLC, FOR MYSELF, AND FOR MY HEIRS, CHILDREN, PARENTS, GUARDIANS, EXECUTORS, PERSONAL REPRESENTATIVES, ASSIGNS AND ADMINISTRATORS, I FOREVER RELEASE, ACQUIT, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE SOHEEFIT SYSTEMS, LLC, OR THEIR AFFILIATED ORGANIZATIONS, COAHCES, INSTRUCTORS, MANAGERS, TRAINERS OR DOCTORS, OR ANY OTHER PERSONS OR ORGANIZATIONS INVOLVED IN THE DEVELOPMENT OR IMPLEMENTATION OF THE REGIMEN OR ANY OF THEIR RESPECTIVE REGENTS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, ATTORNEYS, SPOUSES, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS OR ASSIGNS. I FURTHER AGREE TO HOLD SOHEEFIT SYSTEMS, LLC, HARMLESS AND TO INDEMNIFY SOHEEFIT SYSTEMS, LLC, FROM LIABILITY ARISING FROM ANY AND ALL CLAIMS, DEMANDS, COSTS, DAMAGES, ACTIONS, CAUSES OF ACTION, OR SUITS OF ANY NATURE OR KIND THAT ARE IN ANY WAY RELATED TO MY TRAINING FOR OR PARTICIPATING IN THE REGIMEN, INCLUDING, BUT NOT LIMITED TO CLAIMS OF NEGLIGENCE THAT MAY RESULT IN BODILY INJURY, ILLNESS, DEATH, AND/OR PROPERTY DAMAGE.

 

FURTHER, IN THE EVENT THAT I AM INJURED, FOR MYSELF, AND FOR MY HEIRS, CHILDREN, PARENTS, GUARDIANS, EXECUTORS, PERSONAL REPRESENTATIVES, ASSIGNS AND ADMINISTRATORS, I FOREVER RELEASE, ACQUIT, WAIVE, DISCHARGE AND COVENANT NOT TO SUE SOHEEFIT SYSTEMS LLC, AND TO HOLD SOHEEFIT SYSTEMS LLC, HARMLESS AND TO INDEMNIFY FROM ANY AND ALL CLAIMS, DEMANDS, COSTS, DAMAGES, ACTIONS, CAUSES OF ACTION, OR SUITS OF ANY NATURE OR KIND THAT ARE IN ANY WAY RELATED TO ANY INJURY I SUSTAIN OR SUFFER IN CONNECTION WITH, RELATING TO OR ARISING OUT OF MY PARTICIPATION OR FOLLOWING THE REGIMEN, INCLUDING, BUT NOT LIMITED TO CLAIMS OF NEGLIGENCE THAT MAY RESULT IN BODILY INJURY, ILLNESS, DEATH AND/OR PROPERTY DAMAGE.

 

I ACCEPT RESPONSIBILITY FOR AND AGREE TO PAY ANY AND ALL FINANCIAL OBLIGATIONS INCURRED AS A RESULT OF ANY MEDICAL ASSISTANCE OR ANY TREATMENT PROVIDED IN CONNECTION WITH THE TREATMENT OF ANY INJURIES OR ILLNESS THAT I MAY SUSTAIN, OR SUFFER IN CONNECTION WITH, RELATING TO, OR ARISING OUT OF MY PARTICIPATION IN OR FOLLOWING THE REGIMEN. I VERIFY THAT MY PHYSICIAN HAS EXAMINED ME AND CERTIFIED THAT I AM IN GOOD PHYSICAL CONDITION AND HAVE NO DISEASE OR INJURY THAT WOULD IMPAIR MY PERFORMACNE OR PHYSICAL CONDITION IN TRAINING FOR OR PARTICIPATING IN THE REGIMEN. (I RECOGNIZE THAT IF I HAVE ANY EXISTING INJURIES THAT MAY AFFECT MY PERFORMANCE, I CANNOT PARTICIPATE IN AFOREMENTIONED REGIMEN WITHOUT EXPRESS AUTHORIZATION FROM MY PHYSICIAN.)

 

I HAVE READ THIS LIABILITY WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ALSO UNDERSTAND THAT ENTERING INTO THIS LIABILITY WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT IS A CONDITION PRECEDENT TO AND IS CONSIDERATION FOR THE PRIVILEGE OF PARTICIPATING IN THE REGIMEN. I UNDERSTAND THAT I HAVE THE RIGHT TO CONSULT AN ATTORNEY REGARDING THE TERMS OF THIS LIABILITY WAIVER, RELEASE AND INDEMNIFICATION AGREEMENT. HAVING HAD THE OPPORTUNITY TO CONSULT AN ATTORNEY PRIOR TO EXECUTING THE LIABILITY WAIVER, RELEASE AND INDEMNIFICATION AGREEMENT, I ACKNOWLEDGE THAT THE TERMS HEREOF SHOULD NOT BE CONSTRUED AGAINST EITHER PARTY.

 

I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY MY SIGNATURE TO MAKE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY THE LAWS OF THE STATE OF CALIFORNIA. THIS LIABILITY AGREEMENT, RELEASE, AND INDEMNIFICATION AGREEMENT IS GOVERNED BY THE SUBSTANTIVE AND PROCEDURAL LAWS OF THE UNITED STATES AND THE UNDERSIGNED AGREES TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE COURTS IN THE STATE OF CALIFORNIA, IN ANY DISPUTE ARISING OUT OF, RELATING OR IN ANY WAY CONNECTED TO THIS AGREEMENT. IF ANY PORTION OF THIS AGREEMENT IS HELD INVALID, I AGREE THAT THE BALANCE OF IT SHALL NEVERTHELESS CONTINUE IN FULL FORCE AND EFFECT.

 

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