In consideration of the opportunity to participate in Live Unprocessed LLC fitness classes (the “Class”), whose registration process requires me to accept this agreement prior to participation, I hereby agree to the following Waiver and Release of Liability (the “Agreement”):
1. Waiver and Release of Liability:
I acknowledge that there are significant elements of risk in any adventure, sport, or activity associated with water sports and the outdoors. I further acknowledge that the risk of injury from the activity undertaken in the Class is significant, including, but not limited to, the potential for injury, illness, permanent paralysis and death. My participation in the Class is voluntary and subjects me to the possibility of physical injury (which could be minimal, serious, and/or result in death) and loss of or damage to my property (collectively, “Risks”). Accordingly, I agree to the following:
a. I hereby release and hold harmless Live Unprocessed LLC, its officers, directors, employees, agents, volunteers, and contractors (collectively, “Releasees”) from any claim, demand, loss, liability, damages, and attorney fees and costs whatsoever arising from, related to, or resulting from these Risks (“Claims”), including those caused by the negligent acts or omissions of any or all of the Releasees.
b. I understand and acknowledge that I am participating in fitness classes offered by Live Unprocessed LLC. I realize that fitness involves physical exertion, which may cause physical injury, and I assume all risk associated with it including COVID 19. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Class and warrant that I am physically fit and I have no condition that would prevent my participation.
c. As between each of the Releasees and me, I will be solely responsible for any and all medical and related bills that I may incur because of any injury, as well as costs related to loss or damage to my property, that I may sustain as a result of my participation in the Class, including those sustained on the premises where the Class is conducted and while I am traveling to and from such premises, regardless of the location or mode of transportation.
d. This Agreement shall be binding on my estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a Claim on my behalf or on behalf of my estate.
2. Photo/Video Release:
I hereby authorize Live Unprocessed LLC, its representatives and employees the right to take photographs and videos of me during the Class. I authorize Live Unprocessed LLC, its assigns and transferees to copyright, use, and publish the same in print and/or electronically. I agree that Live Unprocessed LLC may use such photographs and videos of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.
I hereby release and hold harmless Live Unprocessed LLC from any responsible expectation of privacy or confidentiality associated with the imaged specified above. I further acknowledge that participation is voluntary and I will NOT receive financial compensation of any type associated with the taking or publication of these photographs and videos or participation in Live Unprocessed LLC marketing materials or other Live Unprocessed LLC publications. I acknowledge and agree that publication of said photographs and videos confers no rights of ownership or royalties whatsoever. I hereby release Live Unprocessed LLC, its contractors, employees, and any thirds parties involved in the creation or publication of marketing materials, from liability for any claims made by me or any third party in connection with my participation.
3. General Provisions:
a. I hereby expressly agree that (1) this Agreement shall be governed and construed according to the laws of the state of Michigan without regard to its conflict of laws provisions and (2) any action or proceeding concerning any Claim or the meaning or effect of any provision of the Agreement shall be conducted only in the federal or state courts located in Grand Rapids, Michigan, and that for such purposes, I expressly submit to the jurisdiction of such courts.
b. This Agreement contains the entire understanding between and among the parties concerning these matters. No waiver, modification, or amendment of any of the terms of this Agreement shall be effective unless made in writing and signed by the party to be charged.
c. I hereby expressly agree that if any portion of this Agreement is held invalid, the balance of the Agreement shall nonetheless continue in full legal force and effect.
d. This Agreement may be executed in two or more counterparts (including facsimile counterparts, electronic signature or as a “pdf” or similar attachment to an email), each of which shall be deemed to be an original as against any party whose signature appears thereon, but all of which together shall constitute but one and the same instrument.
I warrant that I have read and understand that this Agreement involves my waiver and release of significant rights and my assumption of significant indemnification responsibilities in participating in the Class.