ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
Instructions: Please fully read and understand each paragraph before signing this release/waiver of liability. By signing this release/waiver of liability, you are doing so with the understanding that you have fully read and understood the preceding clauses.
In consideration of the services Jez-Mir-Izing LLC (“Fitness Provider”) will provide to the undersigned Client (“Client”) and Client’s payment for participation in the programs of Fitness Provider and for Client to use Fitness Provider’s equipment. Client agrees to the following waiver and release:
1.) I, FOR MYSELF, MY HEIRS, EXECUTORS OR ANYONE ELSE WHO MAY CLAIM ON MY BEHALF, HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE, JEZ-MIR-IZING LLC AND ITS EMPLOYEES, REPRESENTATIVES, EXECUTORS, AND ALL OTHERS FROM ANY AND ALL RESPONSIBILITIES OR LIABILITY FROM PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY OR LOSS OF ANY KIND RESULTING FROM PARTICIPATION IN ANY PROGRAM OR MY USE OF EQUIPMENT IN THE ABOVE-MENTIONED ACTIVITIES.
2.) I DO ALSO HEREBY RELEASE, JEZ-MIR-IZING LLC AND ITS OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, EXECUTORS, AND ALL OTHERS FROM ANY RESPONSIBILITY OR LIABILITY FOR ANY INJURY OR DAMAGE TO MYSELF, INCLUDING THOSE CAUSED BY NEGLIGENCE.
3.) I understand that strength, flexibility and aerobic exercise, including the use of equipment offered by Jez-Mir-Izing LLC is a potentially hazardous activity with certain risks and benefits. Some of which are included but are in no way limited to: soft tissue injuries such as wounds, bruises, muscle strain, muscle soreness, sprains, acute strains, broken bones, head injuries, back/neck injuries, knee/foot injuries, heart attacks, death, improved cardiovascular fitness and flexibility, increased strength and muscle tone.
4.) I also understand that while some of the risks and hazards involved in using the equipment of Jez-Mir-Izing LLC are foreseeable, others are not. I understand that fitness activities involve a risk of injury and even death and that I am voluntarily participating in these activities and using equipment with knowledge of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death.
5.) I acknowledge that I have either had a physical examination and been given my physician’s permission to participate, or that I have decided to participate in the activity and use equipment without the approval of my physician and do hereby assume all responsibility for my participation and activities and utilization of equipment and machinery in my activities. I acknowledge that Jez-Mir-Izing LLC has specially informed me that I should receive my physician’s permission to participate prior to beginning any activity from Jez-Mir-Izing LLC and at least every six months if I continue with Jez-Mir-Izing LLC regularly.
6.) I understand Jez-Mir-Izing LLC, its owners/employees/instructors are not medical personnel, may make no medical judgments, give no medical advice and provide no medical care or therapy.
8.) I understand that all of the choreography, instructional techniques, as well as the class structure contained within these classes have been created for ‘Jez-Mir-Izing LLC’ by its owner/creator, and fall under copyright/trademark laws as intellectual property, and may not be resold or bartered, for material gain or material profit of any kind. I agree that I will not teach to any third party any of the Proprietary Information and Intellectual Property and that I will not use the premises for the purpose of soliciting any students or employees of Jez-Mir-IIzing LLC or to otherwise compete with Jez-Mir-Izing LLC.
9.) By execution of this agreement, you hereby agree to indemnify and hold harmless Jez-Mir-Izing LLC from any loss, liability, damage, or cost Jez-Mir-Izing LLC may incur due to the provision of services by Jez-Mir-Izing LLC to you.
10.) You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of North Dakota and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
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I have carefully read, fully understand, and have had the opportunity to ask questions of this legal document and I hereby unconditionally release Jez-Mir-Izing LLC, its entities, employees, and instructors from all liability resulting from any injuries which may result from classes, instruction, parties, events and equipment.