The undersigned (“Participant”) in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant to Guided Stretch, LLC, it’s members, managers, employees, volunteers, affiliates, agents and suppliers of goods and services and their respective assigns, (collectively, “Guided Stretch”) a complete and absolute waiver and release of any and all liability and claims of liability relating to Participant’s direct or indirect participation and utilization of those stretch and balance sessions, self-care products, therapies and other items, products and exercises offered by Guided Stretch, also sometimes described or designated as Guided Stretch: Balance and Recovery, (collectively, the “Activities”). The Activities include, but are not limited to, those Activities and related products, goods, exercises and materials set forth on Exhibit A attached hereto and incorporated herein by reference, as well as those additional activities that may become part of the Activities in the future.
Participant, by execution hereof, does hereby knowingly and intentionally bind Participant, its heirs, executors, administrators, assigns, successors, or personal representatives (collectively the “Participant Parties”), by its execution of this Waiver and Release and hereby expressly waives any and all rights, claims or causes of action of any kind whatsoever arising, directly or indirectly from, or relating to, participation in the Activities.
This Waiver and Release shall include, without limitation, damages or claims for damages relating to physical or psychological injury, illness, paralysis, death, damages, economic or emotional loss, that Participant may suffer as a direct or indirect result of my participation in the Activities, including traveling to and from an event related to these Activities.
Participant acknowledges that it is voluntarily participating in the Activities and fully understands that there are potential risks and dangers associated with the Activities. Participant understands that these injuries or outcomes may arise from the active or passive negligence of Guided Stretch, the actions or inactions of third parties, including, without limitation, events or conditions related to travel, or the condition of the location(s) where the Activities are to take place. Participant hereby assumes, for and to itself alone, all risks, both known and unknown relating to participation in the Activities.
Participant warrants and represents that it has confirmed with appropriate medical personnel that Participant is physically able to participate in the Activities without risk of injury or other damages. To the maximum extent permitted by law, this Waiver and Release shall include, without limitation, all forms of negligence of Guided Stretch.
In addition to its absolute waiver of any liability on the part of Guided Stretch, Participant agrees to indemnify and hold harmless, without limitation, Guided Stretch from any loss or damage which Guided Stretch may incur, including those relating to any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by Participant or anyone claiming by, through or under Participant. This indemnification shall include Guided Stretch’s attorney’s fees, expenses and any related costs, in the event Participant or a Participant Party institutes arbitration or litigation or otherwise prosecutes a claim against Guided Stretch relating directly or indirectly by Participant’s undertaking or participation in the Activities.
Participant understands that in the event of a session cancellation within 24 hours prior to the session, a cancellation fee of 50% of the session cost will be charged. However, the Participant will receive a credit for the remaining 50% towards the next session.
MEDIA CONSENT AND RELEASE
By signing this agreement, the Participant further grants Guided Stretch, LLC the irrevocable, royalty-free right, but not the obligation, to photograph, film, record, and/or otherwise capture in any media the name, image, voice, written statement, photograph and/or visual likeness of the Participant (collectively “Images”), with or without their respective likeness, and to exploit such Images for any purpose, including but not limited to, any promotional purposes, packaging, advertising, marketing, commercial or non-commercial use, and/or other purposes in any media now existing or in the future devised, throughout the world, in perpetuity, without compensation to the Participant.
The Participant agrees and understands that the Images may be used with or without identifying the Participant and without the obligation to seek further consent or make any payments. The Participant also waives any rights, claims, or interest the Participant may have to control the use of their identity or likeness in whatever media used.
The Participant releases Guided Stretch, LLC, its officers, directors, employees, agents, consultants, contractors and affiliates from any and all liability from such use and promotion. The Participant hereby releases and discharges Guided Stretch, LLC, its agents, representatives, employees and any third parties acting under Guided Stretch, LLC’s authority, from any and all claims and demands arising out of or in connection with the use of the Images, including, without limitation, any and all claims for invasion of privacy, defamation, or any other cause of action arising out of the production, distribution, broadcast or exhibition of the Images.
Notwithstanding anything herein to the contrary, Participant agrees, for itself and the Participant Parties, that this Waiver and Release, shall, to the maximum extent permitted by law, additionally constitute a covenant not to sue (“Covenant”). Further, the Covenant shall constitute an agreement not to bring an action or demand for arbitration, mediation or a complaint against Guided Stretch in any governmental or quasi-governmental body.
This Waiver and Release shall be interpreted and governed under Florida law, by stipulation of Participant and Guided Stretch.
In the event that any action relating to the Activities is brought by Participant or a Participant Party, the exclusive venue shall be Broward County, Florida.
In the event that any section or provision of this Waiver and Release is determined by a court of competent jurisdiction to be unenforceable, the remainder of this Waiver and Release shall remain binding on the parties.
Participant affirms that I am over the age of 18 and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its contents and that this Waiver and Release cannot be modified orally. I am aware that this is a Waiver and Release of liability and contains an indemnification in favor of Guided Stretch. Further, I acknowledge that this document constitutes a binding contract and that I am signing the same of my own free will with full understanding of all of the terms of the Waiver and Release.