Misfit wellness
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Liability Waiver and Release Agreement for Online Strength and Fitness Coaching Services
PLEASE READ CAREFULLY BEFORE AGREEING
This Liability Waiver and Release Agreement (the “Agreement”) is made and entered into as of Today by and between Maximum Value Nutrition and Fitness, LLC / Misfit Wellness, with a principal place of business at 3427 Ormond Rd Cleveland Heights, OH 44118 (“Coach”), and Signee (“Client”)
In consideration of the online or in person
strength and fitness coaching services to be provided by Coach to Client (the “Services”), the parties agree as follows:
1. Assumption of Risk: Client acknowledges and agrees that the Services involve inherent risks of injury, including but not limited to:
Client understands that these risks cannot be eliminated entirely, even with proper instruction and supervision. Client voluntarily assumes all such risks associated with the Services.
2. Release of Liability: Client hereby releases, waives, and discharges Coach, its owners, employees, agents, and representatives from any and all liability, claims, demands, actions, or causes of action arising out of or in connection with the Services, including but not limited to any injuries, losses, or damages suffered by Client, whether caused by negligence or otherwise, except for gross negligence or willful misconduct by Coach.
3. Client’s Responsibilities: Client represents and warrants that:
4. Disclaimer of Warranties: Coach makes no warranties, express or implied, regarding the Services, including but not limited to any warranties of merchantability, fitness for a particular purpose, or results. Coach does not guarantee that Client will achieve specific fitness goals or outcomes.
5. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the United States.
6. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
7. Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.
8. Electronic Signatures: This Agreement may be executed electronically, and any electronic signature shall be deemed an original signature for all purposes.
9. Photo Release:
I hereby grant the Misfit Wellness, Youth Connect Cleveland, and Kate Starling Studios permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration.
I understand and agree that all photos will become the property of Misfit Wellness, Youth Connect Cleveland, and Kate Starling Studios and will not be returned.
I hereby irrevocably authorize the Misfit Wellness, Youth Connect Cleveland, or entities under their contract to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
I hereby hold harmless, release, and forever discharge Misfit Wellness, Youth Connect Cleveland, and Kate Starling Studios from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
I HAVE READ AND UNDERSTAND THE ABOVE PHOTO RELEASE. I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE, OR, IF I AM UNDER 18 YEARS OF AGE, I HAVE OBTAINED THE REQUIRED CONSENT OF MY PARENTS/GUARDIANS AS EVIDENCED BY THEIR SIGNATURES BELOW.
BY AGREEING TO THIS LIABILITY WAIVER AND RELEASE AGREEMENT, CLIENT ACKNOWLEDGES THAT CLIENT HAS READ AND UNDERSTOOD THIS AGREEMENT, AND THAT CLIENT IS VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS.
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