Release and Waiver of Liability Agreement

RELEASE AND WAIVER OF LIABILITY AGREEMENT

IMPORTANT READ CAREFULLY

Your use of the Enkiri Elite Fitness LLC services and associated self-directed fitness plans (collectively "The Services") are conditioned upon your compliance and acceptance of these terms.

BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS

Your Assumption of Risk, Waiver of Liability, and Indemnification Agreement with Enkiri Elite Fitness LLC:

Enkiri Elite Fitness LLC (hereinafter referred to as "EFIT") is a web-based fitness instruction business that uses video conference technology that provides users with an opportunity to connect with fitness instructors for private fitness sessions. EFIT also provides fitness plans for clients to administer on their own outside of the supervision of EFIT.

I, Full Name, have been informed of, understand and am aware that any exercise program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity. I also have been informed of, understand and am aware that any exercise and/or fitness activities involve a risk of injury, as well as abnormal changes in blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability or death, and that I am voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding the appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury, regardless of severity, or death.

I have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed. If I, Full Name, have chosen not to obtain a physician's consent prior to beginning this fitness program with EFIT, I hereby agree that I am doing so solely at my own risk. In any event, I acknowledge and agree that I assume the risks associated with any and all fitness-related activities and/or exercises in which I participate.

WAIVER OF LIABILITY FOR ORDINARY NEGLIGENCE. In consideration of permission to use The Services today and on all future dates, I, Full Name, (on behalf of myself, my heirs, personal representatives, and assigns) do hereby release, waive, and discharge EFIT, its owners, directors, officers, employees, and the fitness instructor from liability from any and all claims arising from the inherent risks of the activity or the ordinary negligence of EFIT or any of the forenamed parties. This agreement applies to personal injury (including death) from incidents or illnesses arising from participation in EFIT activities (including, but not limited to, online exercise classes).

INDEMNIFICATION. I, Full Name, agree to hold harmless, defend, reimburse, and indemnify EFIT and the fitness instructor from any and all claims, including attorney’s fees arising from any injury or loss due to my participation or use of The Services.

COVENANT NOT TO SUE. I agree, for myself and all my heirs, not to sue EFIT or initiate or assist in the prosecution of any claim for damages or cause of action against EFIT which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while using The Services or in any way associated with the services.

SEVERABILITY. If any provision or portion of this Release and Waiver of Liability Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

INDEMNIFYING FOR INDEMNITEE'S NEGLIGENCE. I, Full Name, shall save, keep harmless, and indemnify EFIT, its owners, directors, officers, employees, and the fitness instructor against all liability due to or arising out of or incident to performance of this contract, whether the same results from negligence of indemnitee or indemnitee's employees or otherwise, it being the intent of this provision to absolve and protect indemnitee from any and all loss by reason of the premises.

GOVERNING LAW AND VENUE. This Release and Waiver of Liability Agreement will be governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to the principles of conflicts of law of such state. Participant agrees that any action arising out of this Release must be brought exclusively in any state or federal court located in Florida.

ACKNOWLEDGEMENTS TO INSURE USER SAFETY: I, Full Name, state the following:

I acknowledge that EFIT recommends and encourages that I get medical clearance from my personal physician prior to participation in a physical activity. I assert that I have no known health condition that would contra-indicate my participation in The Services.
I assert that I possess a sufficient level of physical fitness, skill, and experience to enable me to participate safely in The Services.
I acknowledge that it is my duty to cease exercise immediately if I should feel any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, and chest pains) during my use of The Services.

WAIVER OF REMEDIES. No waiver of any term or right in this Release shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.

ELECTRONIC SIGNATURES. An executed signature page delivered via facsimile transmission, electronic mail or by other electronic means shall be deemed as effective as an original executed signature page.

ACKNOWLEDGEMENT OF UNDERSTANDING. I have read this Release and Waiver of Liability Agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I further acknowledge that by creating an account with EFIT I am defacto electronically signing the agreement freely and voluntarily, and intend my electronic signature to be a complete and unconditional release of all liability due to ordinary negligence by EFIT entity, owners, directors, officers, employees, independent contractors, or the fitness instructor or the inherent risks of the activity, to the greatest extent allowed by law in the State of Florida.

I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS FORM IN ITS ENTIRETY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. BY SIGNING THIS DOCUMENT, I AM WAIVING ANY RIGHT I OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST EFIT FOR NEGLIGENCE THAT OF YOUR EMPLOYEES, AGENTS, OR CONTRACTORS.

Participant's signature

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Parent or legal guardian (if participant is under age eighteen)

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