Burn Fat and FEAST Liability Waiver and Release
IN CONSIDERATION of being permitted to participate in any way with the services of Burn Fat and FEAST, I:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of Burn Fat and FEAST and that I am qualified, in good health, and in proper physical condition to participate in such activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the activity. I further agree and acknowledge that Burn Fat and FEAST does not warrant or guarantee the results of any services provided. I also understand that a physician’s approval is highly recommended prior to participating in any fitness exercise program and that I have signed the Burn Fat and FEAST Informed Consent form.
2. HEREBY WAIVE, RELEASE AND DISCHARGE Burn Fat and FEAST, its employees and contractors, including trainers and other officers, agents or volunteers (“RELEASEES”) from any and all responsibility or liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damages, property theft, or actions of any kind which may hereinafter result from or be connected with my participation in any of the fitness exercise programs being offered by the RELEASEES whether arising from the active of passive negligence of RELEASEES or otherwise. I fully accept and assume all risks and all responsibility for losses, costs, and damages that I may incur as a result of my participation in these services.
3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Burn Fat and Feast, and their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessors of premises on which the service takes place.
4. ACKNOWLEDGE and fully understand that I will be engaging in exercise and training activities that potentially involve risk of serious injury, permanent disability or death. Other possible risks may include social and economic losses which might result not only from RELEASEES’ own actions, inactions or negligence, but the actions, inactions or negligence of others, the condition of the private or public premises or any equipment. Further, that there may be other risks not known or not reasonably foreseeable at this time. I hereby assume full responsibility for all the foregoing risks, known and unknown, and accept responsibility for the damages following any injury, permanent disability or death.
5. HEREBY RELEASE Burn Fat and FEAST from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the administration of the services provided, negligence of the RELEASEES or otherwise, including the negligent rescue operations.
6. FURTHER ACKNOWLEDGE AND UNDERSTAND that Burn Fat and Feast, its personal trainers and other employees or contractors are not licensed dieticians or physicians and that any information or guidelines provided by Burn Fat and Feast , its personal trainers and other employees or contractors carries no warranty of any kind, expressed or implied, including, but not limited to, warranties regarding safety or suitability for a particular purpose. This agreement is intended to be broad and inclusive and shall be governed by and construed in accordance with the laws of the state of Tennessee. If any portion of this agreement is held invalid, it is agreed that the remaining agreement shall continue in full legal force and effect.
7. HEREBY GRANT AND AUTHORIZE Sarah B. Thomas and Burn Fat and FEAST the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all pictures or video taken of me to be used in and/or for any lawful promotional materials including, but not limited to, newsletters, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits and submissions to journalists, websites, social networking sites and other print and digital communications, without payment or any other consideration. I understand and agree that photographs in the possession of Burn Fat and FEAST shall become the property of Burn Fat and FEAST and Sarah B. Thomas. I waive the right to inspect or approve any finished product in which my likeness appears, including written or electronic copy. I do not grant permission to resale or use the photographs in a manner that would exploit or cause malicious representation toward me. This authorization shall continue indefinitely, unless I otherwise revoke this authorization in writing.
I acknowledge and represent that I am eighteen (18) years of age or older, that I have read and understand the contents of this document, and that no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made. I also agree, for myself and my successors, that the above representations are not mere recitals and that they are binding.