Liability Waiver

I AM AWARE THAT VOLUNTARY PARTICIPATION IN FITNESS CLASSES OR PROGRAMS AND ATTENDANCE MAY INVOLVE PHYSICAL ACTIVITIES THAT COULD POTENTIALLY LEAD TO INJURY OR EVEN DEATH. I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. I AM EXPRESSLY ASSUMING THE RISKS ASSOCIATED WITH MY PARTICIPATION IN THIS ACTIVITY.

I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death, or loss of personal property and expenses as a result of those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.

Authorization for Pre-authorized Payments

We hereby authorize the designated billing company selected by this business to draw items (including checks, electronic funds transfer, charge card) for the purpose of paying dues for services. This includes any late fees or services fees as well as additional authorized charged purposes on the account indicated below:

Subject to the following conditions:

(1) The items shall be drawn on or about the date listed on the payment plan. The transactions on your bank or card statement will constitute receipts for payment, however receipts can also be requested from The Studio.

(2) If the regular payments set forth on future payments should vary in amount (excepting pre-authorized additional charges), you are entitled to receive notice ten days prior to the said payment. By signing, you are authorizing to receive notice only when the said amount differs by more than $100 from your most recent payment.

(3) The privilege of making payments under this arrangement may be revoked by the company if any items is not paid upon presentation.

(4) If this preauthorized payment arrangement is revoked for any reason this does not release you from your obligation (payment ).

(6) The Studio is not responsible for any overdraft fees assessed by clients or studios bank.

(7) A late fee of $30 will be assessed and drafted should any monthly payments become passed due by 10 days.

(8) Membership rights and amenities will be revoked should any monthly payments become passed due by 2 days.

I hereby waive, release and forever discharge Company (“Released Parties”) from any and all claims I may have now or arising in the future related to my participation in and use of any Company’s equipment, facilities, and/or programming. I covenant and agree not to sue any Released Parties for any such claims. I hereby waive, release and forever discharge the Released Parties from all of the following (the “Claims”): any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of action, of any kind or nature, which I have or may have in the future (including court costs, attorneys’ fees and litigation expenses), that may arise out of, result from, or relate to my participation in use of the Released Parties facilities, classes, and/or training sessions. I understand and acknowledge that these Claims include, but are not limited to, causes of action for death, personal injury, partial or permanent disability, negligence, and property damage or theft; causes of action relating to the provision of first aid, medical care, medical treatment, or medical decisions; and claims for medical or hospital expenses, including medical transportation services. I understand and agree that the foregoing waiver, release and discharge applies even if the Claims are caused by the negligent acts, omissions, or carelessness of any Released Parties. I understand that this waiver, release and discharge operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf. I further agree to indemnify and hold harmless all released parties from any claims which I might make or which might be made on my behalf by others or which might be made against me by others, arising from my participation in the activities provided by the released parties, my travel to or from such activities.

We handle cancellations and refunds on a case-by-case basis with the ultimate goal of making our clients happy. We stand behind our programming and coaching, and want our clients to be satisfied with them. We will always do our best to take care of our clients, our philosophy is to deal with them fairly and reasonably. We believe that when we treat our clients fairly, they in turn are fair with us. We consider conflicts such as injury and other medical issues, unexpected relocation, etc when considering a cancellation or refund within the first 30 days of a program. Unless there are extreme circumstances, a cancellation will result in a credit towards a future program, in part or full.

This Agreement governs the Client’s publicity rights as it relates to the Company’s use of photographic images and is incorporated with the executed Photography Agreement entered into on the date provided in the electronic signature.

Client authorizes the Company, and/or any assignees and licensees, to use and to create images, and any reproduction of them in any form in any media whatsoever, for promotional materials, online marketing, portfolio, and other areas of marketability. Client also consents to the use of the Client’s own name or any fictitious name, which may be chosen in connection with the aforesaid photographs.

Client acknowledges that the Client will not be compensated, either now or at any time in the future, for any use of marketing and that the Company of such photos exclusively owns all rights. Client acknowledges and agrees that the Company may modify, change, or alter such images without restriction, unless outlined specifically in this Agreement.

Client acknowledges and agrees that the photographs created by the Company will become and remain the exclusive property of the Company, and that the Client retains no rights to said photographs unless specified particularly in this Release. Client waives all rights and claims and releases the Company from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use, and exploitation of the photos.

Client gives permission for all images from the session to be used in the following ways:

o Printed promotional materials

o Printed portfolio samples

o Online use (including but not limited to social media accounts, website and blog display)

o Other areas of marketability by the Company

Client acknowledges and affirms that no pre-existing agreements of any sort exist between themselves and any other entity which may prevent or restrict Company from using their likeness in any manner.

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