RELEASE OF LiABILITY
This is a legally binding ASSUMPTION OF RISK, COVENANT NOT TO SUE, AGREEMENT TO INDEMNIFY, AND WAIVER OF LIABILITY FOR PROGRAM PARTICIPATION, made by me in favor of Brooke Campbell and Fit Mom Connection, LLC, and the owners, directors, affiliates, officers, contributors, sponsors, employees, contractors, agents, volunteers, and assigns.
Consent to Participate. I, first name, last name hereby acknowledge and agree that I have voluntarily chosen to participate in exercise classes, personal fitness training services, wellness coaching sessions, online programs, and the equipment contained therein offered by Brooke Campbell and Fit Mom Connection, LLC.
I am aware that vigorous physical exercise strains the cardiovascular system and other parts of my body and can be a hazardous activity. Physical reactions to exercise may include heat-related illness, abnormal heartbeats and blood pressure and, in rare instances, events such as heart attacks. While Fit Mom Connection, LLC and Brooke Campbell take all reasonable precautions, they can make no guarantees regarding these and other risks, such as contracting known or unknown viruses. I hereby certify that there are no contraindications to my involvement in Fit Mom Connection, LLC’s programs.
I am voluntarily participating in the exercise services and when applicable, the use of fitness equipment with knowledge of the danger involved and hereby agree to accept any and all risks of injury or death. I understand that I should consult with a physician prior to starting a fitness and exercise program.
Release of Liability. Recognizing the risks of the program, I hereby fully and forever release, discharge, covenant not to sue, and agree to hold harmless and to indemnify Fit Mom Connection, LLC and its affiliates, and their insurers, employees, principals, agents, servants, representatives, administrators, owners, directors and officers, contributors, sponsors, contractors, successors, heirs, agents and assigns from any and all rights, claims, demands, damages, actions, causes of action or rights of action, costs, loss of services, expenses, compensation, consequential damages and attorneys’ fees (regardless whether pursuant to laws of any county, state or country) claimed by, through or on behalf of me related directly or indirectly to the program (including without limitation contracting known or unknown viruses), and specifically including any and all claims for personal injuries sustained while participating in program and coaching activities without regard to negligence or negligent conditions. On behalf of myself and my family, heirs, and personal representatives, I hereby accept and assume all risks (both foreseeable and unforeseeable and including, but not limited to, injury, damage to property, and death) of any kind or nature which I now have or may hereafter have arising out of, in consequences of, or on account of all injuries to person, known or unknown, permanent or temporary, now existing or arising in the future, and all anticipated or unanticipated consequences of all such injuries, and damages to property resulting to me and in any way from any incident which occurred during or as a result of using services provided by Fit Mom Connection, LLC , and their fitness equipment.
Governing Law and Severability. This Agreement shall be construed in accordance with the laws of the State of Wisconsin, which shall be the forum for any lawsuits filed in connection with or pursuant to this Agreement. The terms of this Agreement shall be severable such that if a court of competent jurisdiction holds any term to be illegal or unenforceable, the validity of the remaining portions of this Agreement shall not be affected thereby and shall still be enforceable to the extent permitted by applicable law. By entering into this Agreement, I am not relying on any oral or written representation or statements other than what is expressly set forth in this Agreement. I am fully competent to read and understand this Agreement, and I have carefully read this agreement and fully understand its contents. I am aware that this is a release of liability, and I sign it voluntarily and of my own free will.
Acknowledgement. I hereby warrant and represent that I am 18 years old or older; I have carefully read this consent and agree to its terms and conditions, that before signing this agreement I had the chance to ask questions; and I am aware that by signing this consent, I assume all risks and waive and release certain substantial rights that I may have or possess against Fit Mom Connection, LLC, Brooke Campbell or anyone conducting Fit Mom Connection, LLC’s programming. This permission and release is binding on me and my executor, administrators and heirs. To the extent permitted by applicable law, I hereby irrevocably and unconditionally waive trial by jury in any legal action or proceeding related to this agreement, and I expressly agree that this consent is intended to be as broad and inclusive a release of liability as permitted by applicable law and that if any provision thereof is held invalid, it is agreed that the remaining provisions shall, notwithstanding, continue in full legal force and effect.