I the above named, expect and intend to participate in a Thyme and Compass training and/or coaching hereinafter referred to as the program, following the execution of this agreement. Upon signing and submitting this form, I acknowledge that my participation in the program is completely voluntary. I further agree and understand that during the program I specifically agree to comply with all reasonable directions and instructions by my Trim Healthy Mama Coach for the duration of the program. I also certify that I am in adequate physical condition to participate in this program and that I have no known physical conditions which could be worsened or aggravated by my participation. Due to the nature of this program, I acknowledge that my participation could involve risk of bodily injury, illness, death, property damage, or other risks associated with this program, and I assume full responsibility for such, including, those arising from travel to and from any associated program events. This waiver contemplates a wide range of risks including but not limited to those relating to travel, terrain, weather, eating and sleeping arrangements, and any and all other circumstances relating to the program. Furthermore, in consideration of the opportunity to participate in the above referred program, with full knowledge and appreciation of the risks involved, and full understanding of the above issues/conditions. I hereby covenant to release, indemnify, and hold harmless Trim Healthy Mama LLC, its owners, officers, employees, coaches, representatives, volunteers, and agents (“Releasees”) from all manner of action and actions, cause and causes of action, suits, claims, or demands of any nature, including personal injuries, death, damages or property loss resulting from said participation. I specifically intend this waiver to preclude liability caused by the negligence of the Releasees.
I intend this agreement to bind my spouse, family heirs, assigns, and personal representative, and it shall be deemed as a perpetual release, waiver, discharge and covenant not to sue the Releasees. In signing this agreement, I agree that I have read this Waiver of Liability and Hold Harmless Agreement, understand it, sign it voluntarily, have had the opportunity to have it reviewed by my legal counsel, and hereby agree to be bound by the same. I further attest that I am at least eighteen years old and fully competent; that no oral statements apart from this agreement have been made; and I expressly agree that this release is
intended to be as broad and inclusive as permitted by the laws of the State of Tennesse, is entered in the State of Tennesse, and shall be governed by Tennessee law. Any dispute arising from this agreement shall be brought in a court of competent jurisdiction located and sitting in Hickman County, Tennessee and the parties expressly waive the right to trial by jury. The prevailing party to any dispute may recover from the other all expenses incurred, including reasonable attorney’s fees.
Also in consideration of the risk of injury while participating in life coaching (the activity) with Charlotte Morehouse of Thyme and Compass as consideration for the right to participate in the activity. I hereby, for myself, my heirs, executors, administrators, assigns, or 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 my participation in the activity, and do hereby release and forever discharge Charlotte Morehouse of Thyme and Compass located in Harker Heights. TX, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical and/or psychological injury, including but not limited to, illness, paralysis, death, damages, economicalor emotional loss, that I may suffer as a direct result of my participation in the aforementioned activity, including traveling to and from an event or appointment related to this activity.
I am voluntarily participating in the aforementioned activity and I am participating in the activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating online and over the phone and in all other forms of this activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporarily 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 travel, or the conditions of the activity locations. Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this activity, including travel to, from and during this activity.
I agree to indemnify and hold harmless Charlotte Morehouse of Thyme & Compass 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 Charlotte Morehouse of Thyme & Compass incurs any of these types of expenses, I agree to reimburse Charlotte Morehouse of Thyme & Compass.
I acknowledge that Charlotte Morehouse of Thyme & Compass and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Charlotte Morehouse of Thyme & Compass.
I acknowledge that this activity may involve a test of a person’s physical and/or mental limits and may carry with it the potential for death, serious injury, and property loss. I acknowledge that this activity is not an alternative to medical treatment and/or psychiatric care. I acknowledge that I have been informed that Charlotte Morehouse is not a medical professional, licensed or qualified to make medical diagnosis and/or changes to my treatment plan for any health conditions I may be receiving services for. The materials, information, and guidance offered by Charlotte Morehouse of Thyme & Compass are for informational purposes only and is not intended as a substitute for the advice and/or care of your physician(s) and other care team members. As with all new diets and fitness regimens, the coaching, nutrition, fitness program offered by Charlotte Morehouse of Thyme & Compass should be followed only after first consulting with your physician to make sure it is appropriate for your individual circumstances. Charlotte Morehouse of Thyme & Compass expressly disclaim responsibility for any adverse effects that may result from the use of services offered by Charlotte Morehouse of Thyme & Compass.
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 Charlotte Morehouse of Thyme & Compass and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action, and I agree to voluntarily give up or waive any rights that I otherwise have to bring legal action against Charlotte Morehouse of Thyme & Compass for personal injury or property damage.
To the extent that statue or case law does not prohibit release for negligence, this release is also for negligence on the part of Charlotte Morehouse of Thyme & Compass, its agents and employees.
In the event that I should require medical or psychiatric 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.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This agreement was entered into at arm’s length, without duress or coercion, and it is to be interpreted as an agreement between myself and Charlotte Morehouse of Thyme & Compass of equal bearing strength. Both myself and Charlotte Morehouse of Thyme & Compass agree that this agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this “Release of Liability” shall be deemed to be severable or invalid, or of any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause served does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision. It would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.