RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
1. ACTIVITY AND ASSOCIATED RISKS: I, the undersigned, have chosen to participate in a Unbreakable Strength Co. Strength/Fitness Program (“the Program”), which is provided by Unbreakable Strength Co., its employees, agents, officers, and contractors and I understand and acknowledge that:
- a. the Program is a physical activity, and I may be exposed to dangers and inherent risks (that cannot be eliminated regardless of the care taken to avoid injuries) including but not limited to overexertion, minor injuries such as scrapes, bruises, sprains and strains, more serious injuries such as joint, muscle and bone injuries, concussions and other head injuries, and catastrophic injuries and conditions such as heart attacks and other injuries or conditions which could be fatal;
- b. that I am in good health and physically fit to enter into a training program which involves the use of body weight exercises, weights, dumbbells, barbells and other strength training, conditioning, and general fitness equipment;
- c. the Program or any correspondence with Unbreakable Strength Co, its employees, agents, officers, or contractors is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or your fitness to participate in a physical activity.
In consideration of the permission to participate in the Program, I agree to the terms below:
2. ASSUMPTION OF THE RISKS: I hereby freely assume the above-mentioned risks as well as other risks not listed that are part of the Program, and any harm, injury or loss that may occur to me as a result of my participation in the Program. I also understand that any equipment used is used at my own risk.
3. RELEASE OF LIABILITY: I hereby release Unbreakable Strength Co., its employees, agents, officers, and contractors FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occur to me during the Program or in any way related to the Program. This RELEASE does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Kansas law does not permit to be excluded by agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the Program or are related in any way to the Program.
4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against all claims for my own negligence, and any other claim arising from my conduct during the Program. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
5. AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the instructions as provided by Unbreakable Strength Co. regarding the performance of and execution of the Program. Furthermore, I agree that the Program provided is for my personal use and shall not be shared with anyone.
6. USE OF MY LIKENESS: I understand
that during the Program I may be asked to submit photos or videos of myself
performing prescribed exercises. To the fullest extent allowed by law, I waive
all rights of publicity or privacy or pre-approval that I have for any such
likeness of me or use of my name in connection with such likeness, and I grant
to Unbreakable Strength Co. and its assigns permission to
copyright, use, and publish (including by electronic means) such likeness of me, whether in whole of in part, in any form, without restrictions, and for any purpose.
7. SEVERABILITY: I agree that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as permitted by Kansas law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of this agreement.
8. APPLICABLE LAW, FORUM & ATTORNEY’S FEES: This agreement is governed by and shall be construed in accordance with the laws of the state of Kansas, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Program shall be brought only in Kansas and I agree to the jurisdiction and venues of those courts for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the non-prevailing party will pay all attorney’s fees and costs of the parties seeking to uphold the agreement.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT. I HAVE NOT BEEN INDUCED TO AGREE TO THIS RELEASE. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN OF MY OWN FREE WILL.
BY DOWNLOADING, READING, FOLLOWING, MODIFYING, OR USING ANY UNBREAKABLE STRENGTH CO. STRENGTH/FITNESS PROGRAM I AGREE TO THE ABOVE TERMS.