As consideration for my use of and/or participation in any physical assessments or personal training (whether online or in person) provided by Kat Sullivan Fitness LLC (the “Activity”), I hereby, on behalf of myself, my heirs, executors, administrators, assigns, successors, and personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of the Activity and do hereby release and forever discharge Kat Sullivan Fitness LLC, located at 725 Jourdan Avenue, New Orleans, Louisiana 70117, its owners, directors, officers, affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, insurers, predecessors, successors and assigns (the “Company”), for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economic or emotional loss, that may directly or indirectly result from my participation in the Activity.
I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY, AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH THE ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO THE ACTIVITY, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RISKS, BOTH KNOWN OR UNKNOWN TO ME, DIRECTLY OR INDIRECTLY RELATED TO THE ACTIVITY.
I agree to indemnify and hold harmless the Company against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If the Company incurs any of these types of expenses, I agree to reimburse the Company for the total amount incurred.
I acknowledge that the Company is not responsible for errors, omissions, acts or failures to act of any party or entity conducting or participating in the Activity.
I acknowledge that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, or property loss. The risks may include, but are not limited to, those caused by location of the Activity, equipment, facilities, temperature, weather, condition of participants (including health conditions, nutrition, or hydration), or actions of others.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE COMPANY (INCLUDING ALL OF ITS OWNERS, DIRECTORS, OFFICERS, AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, INSURERS, PREDECESSORS, SUCCESSORS AND ASSIGNS), FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THE COMPANY FOR PERSONAL INJURY OR PROPERTY DAMAGE, INCLUDING ANY SUCH INJURY OR DAMAGE CAUSED BY GROSS OR SIMPLE NEGLIGENCE.
In the event that any damage to the Company, including its equipment or facilities, occurs as a result of my actions, I agree to indemnify and/or reimburse the Company for any and all costs associated with such actions.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. I also certify that I have no pre- existing medical conditions that would preclude me from safely participating in the Activity.
I certify that I am at least 18 years of age and that my consent to this release is given freely and voluntarily. I also consent to e-signature of this waiver agreement.
To the extent that applicable laws prohibit or limit any of the foregoing releases or waivers of liability, those nonenforceable portions shall be severed from this agreement and disregarded for purposes of enforcing this agreement. Those portions of this agreement which are not limited by law shall remain fully enforceable to the fullest extent permitted by law.