Please read and complete before your first class!
General Waiver of Liability
Your engagement with this form for legality and liability is appreciated, as these are important and necessary for the protection of all parties.
Services: Including but not limited to coaching and tre® sessions, classes, workshops, videos and special events
Service Provider: Jeanne Bain, Be Love Navigation
Provider Parties: Affiliates, officers, instructors, teachers, guest presenters, employees, independent contractors, attorneys, and representatives.
The undersigned client (“Client”) of Jeanne Bain (“Service Provider”) hereby acknowledge and agree to the following:
1. ASSUMPTION OF RISK
a) It is the Client’s responsibility to voluntarily disclose to the Provider any known medical condition or history that could be aggravated by physical activity. In addition, it is the Client’s responsibility to inform the Provider of any changes to any known medical conditions or history while participating in Services offered by the Provider.
b) The Client acknowledges that their physical and mental health is sound and that physical exercise can be undertaken and engaged. The Client acknowledges that programs are not a substitute for qualified medical care and that a physician should be consulted prior to participation in the Services.
c) The Client acknowledges that there are significant risks inherent in the participation of Services and there is the potential for property damage, serious injury or even death. The Client assumes full responsibility for the risks including any costs, damages, injuries, accident, or death that may result from participating in the Services.
d) The Client acknowledges that liability may arise from the negligence or carelessness by the Provider Parties from dangerous or defective equipment or property owned, leased, maintained, or controlled or because of possible liability without fault.
2. NO LIABILITY
a) To the maximum extent permitted by applicable law, in no event will the Provider Parties be liable to the Client, Client’s heirs, executors, administrators, or any third party for any damages, including but not limited to direct, indirect, special, incidental, consequential, or punitive damages, including without limitation, any claims for personal injury or death, regardless of the theory of liability (including negligence of the company parties) arising out of or related to the Services.
3. WAIVER AND RELEASE
a) In consideration for the Client being permitted to participate in Services, the Client (and associated heirs, executors, and administrators), fully and forever release and discharge the Provider and Provider Parties from costs, attorneys’ fees, expenses, or legal lawsuits, and equity of claims, including but not limited to claims for property damage, medical expenses, injury or death. This also includes any claims connected with the Client’s participation in Services, including travel to/or from the Services, the premises or venue of the Services, and including injuries incurred before, during, or after the Services.
b) The Client acknowledges the waiver and release includes any claims based on negligence, action or inaction of the Client, Third Parties, and/or Provider Parties, including but not limited to negligence in the construction, maintenance, and upkeep of any facilities and equipment used by the Provider, negligence in training and/or supervision.
c) By acknowledging this waiver, the Client is waiving valuable legal rights.
a) The Client agrees to indemnify and hold harmless each of the Provider Parties from any loss or liability incurred in defending any claim made by the Client or on the Client’s behalf, including Claims alleging or resulting from the negligence of the Provider or Provider Parties.
a) In the event any provisions of this Waiver of Liability are in violation of, or prohibited by any applicable law or regulation, such provisions shall be deemed as amended or deleted to conform for such law or regulation without invalidating or amending or deleting any of the other provisions of this Waiver of Liability (which shall remain in full force and effect). All provisions of this Waiver of Liability shall be binding on the heirs, administrators, personal representatives and assigns of the Client.
b) I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, or others, and assume full responsibility from my participation, and,
c) I willingly agree to comply with the stated and customary terms and conditions for my participation. If however I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
d) I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Be Love Navigation their owners, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors or premises used to conduct the event (Releasees) WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, and,
e) The Provider reserves the right to use photographs or videos for promotional purposes. By making a reservation with the Provider, the Client agrees to allow its image to be used; however, if the Client appears in photographs and videos and prefers that items are not used, the Client must notify the Provider via e-mail before the Service commences and the media will not be used.
f) The Client acknowledges that any learning materials (including but not limited to manuals) that are provided are confidential and proprietary information, may not be redistributed (including electronic distribution on social media platforms) or recopied, and is for the Client’s personal use only. The Client is not permitted to use such materials at other businesses not part of the Provider Services.
g) The Client acknowledges that the Waiver of Liability has been reviewed and the contents are fully understood.
h) The Client voluntarily and knowingly agrees to the terms and conditions stated and is aware that by signing this Waiver of Liability, substantial rights are being forfeited (including the right to sue and certain legal rights that the Client, the Client’s heirs, next of kin, executors, administrators, and assigns) may have against the Provider or any Provider Party.
In consideration of a minor (participants under the age of 18) being permitted by the Provider to participate in activities and to use equipment and facilities, I agree as the legal parent or guardian to indemnify and hold harmless the Provider from any and all claims which are brought by or on behalf of the minor and which are in any way connected with participation by the minor.
I may be found by a court of law to have waived my right to maintain a lawsuit against the Provider on the basis of any claim from which I have released them herein.