INFORMED CONSENT, ASSUMPTION OF RISK AND WAIVER OF LIABILITY AGREEMENT
In consideration for being permitted to participate in any way in any fitness or exercise program and related activities (“Activities”) hosted by XPTLife, LLC, a California limited liability company (“Company”) I, for myself, my personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, AGREE, AND REPRESENT that I understand the nature of and the inherent risk of injury from participating in the Activities and that I have been advised that I should consult a doctor before starting a fitness or exercise program, or substantially changing the amount of regular physical activity that I perform. I further acknowledge and represent that I am qualified, in good health, and in proper physical condition to participate in the Activities.
2. ACKNOWLEDGE, AGREE AND REPRESENT that it is my responsibility to participate only in Activities that are appropriate for my current health status, and that if at any time I believe conditions to be unsafe, I will immediately notify the nearest employee, representative or trainer of XPT and discontinue further participation in the Activities.
3. FULLY UNDERSTAND AND VOLUNTARILY ACCEPT that: (a) my participation in the Activities is hazardous and involves DANGERS AND RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGES (“Risks”); (b) these Risks may be caused by my own actions or inactions, the actions or inactions of others participating in the Activities, the condition or environment in which any of the Activities take place, or THE ACTIONS, INACTIONS OR NEGLIGENCE OF THE “RELEASEES” NAMED BELOW (including the Company and its trainers, agents and representatives); (c) these Risks may be CAUSED BY OR ASSOCIATED WITH DECISIONS MADE BY THE COMPANY OR ITS TRAINERS, AGENTS OR REPRESENTATIVES any of which may misjudge my abilities or mental, emotional or physical condition which may make certain aspects of the Activities appropriate or inappropriate for me, (d) there may be other risks and social and economic losses, whether known or unknown or anticipated or unanticipated; and I VOLUNTARILY ACCEPT AND ASSUME ALL RISKS ASSOCIATED WITH THE ACTIVITIES (INCLUDING INJURY AND DEATH AND ALL OF THE OTHER RISKS DESCRIBED ABOVE) AND ALL RESPONSIBILITY FOR ANY AND ALL INJURIES, DAMAGES (BOTH ECONOMIC AND NONECONOMIC), COSTS AND LOSSES OF ANY TYPE that I incur as a result of my participation in the Activities.
4. HEREBY RELEASE, INDEMNIFY, DISCHARGE, AND COVENANT NOT TO SUE the Company and its owners, administrators, directors, agents, trainers, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activities take place, (each considered one of the “Releasees” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, INJURIES, AND DAMAGES, WHETHER CAUSED OR ALLEGED TO BE CAUSED BY THE NEGLIGENCE OF THE “RELEASEES”, OR ME, OR OTHERWISE; and I further agree that if, despite this Informed Consent, Assumption of Risk and Waiver of Liability Agreement, I or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE,
DEFEND AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.
5. I understand and give XPTLIFE LLC. the right to use any video or images of my fitness training, running, interactions, or any type of training for commercial or promotional use on XPTLIFE LLC Social channels, websites, and APP’s.
6. AGREE that this Informed Consent, Assumption of Risk and Waiver of Liability Agreement will be construed in accordance with the laws of State of California, without giving effect to the conflict of laws principles.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.