I agree that I have enrolled in personal training sessions and/or group training sessions, offered by 2Unstoppable (a non-profit organization) and Instructors that are Certified Cancer Exercise Specialists (the “Program”). I recognize that the Program may involve strenuous physical activity, including but not limited to, muscle strengthening, stretching and cardiovascular conditioning and training and other various fitness activities. I hereby affirm that I am in good physical health and do not suffer from any known disability or condition which would prevent or limit my participation in these sessions. I will not start this Program if my physician or health care provider advises against it. If I experience faintness, dizziness, pain or shortness of breath at any time while exercising I should stop immediately and call my doctor or 911. If I do have a condition or other health issue that could be made worse by a change in physical activity, I have received medical clearance to participate in these sessions.
In addition, I am fully aware of the risks and hazards associated with participating in a physical fitness program, such as the Program, including but not limited to, physical injury or even death. I understand that we will be conducting sessions online and my 2Unstoppable Instructor will not be physically present with me and cannot see my form in 360˚ view due to the limitations of online training. I understand that my home environment or where I choose to do online training is not under the control of the instructor. I hereby elect to voluntarily participate in online personal training or online group training knowing that the associated risks may be hazardous to me and/or my property. I herby assume all risk of injury or harm related to my participation in the Program and release 2Unstoppable from all liability for injury, illness, death, property damage or property loss resulting from my participation in the Program.
Further, I hereby expressly release and forever discharge and hold harmless 2Unstoppable and its successors and assigns from any and all liability, claims and demands of any kind or nature, either in law or in equity, which arise or may hereafter arise from my participation in 2Unstoppable’s Program, to the extent allowed by applicable law. I agree that this release discharges 2Unstoppable from any liability or claim that I may have against 2Unstoppable with respect to any bodily injury, personal injury, illness, death, or property damage that may result from my participation in 2Unstoppable’s Program, whether caused by the negligence of 2Unstoppable or its officers, director, employees, volunteers, third parties, or otherwise. I also understand that 2Unstoppable does not assume any responsibility for or obligation to provide financial assistance or other assistance, including, but not limited to medical, health, or disability insurance in the event of injury or illness. I AGREE TO HOLD HARMLESS, INDEMNIFY AND DEFEND 2UNSTOPPABLE AND ITS AGENTS, EMPLOYEES, SUCCESSORS OR ASSIGNS AGAINST AN AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, ORDERS, COSTS OR EXPENSES, INCLUDING ATTORNEY’S FEES, WHICH MAY BE INITIATED AGAINST ANY OF THE FOREGOING BY ANY PERSON ARISING FROM OR CONNECTED WITH ACTIVITIES CONDUCTED RELATED TO MY PARTICIPATION IN THE PROGRAM.
It is also my expressed intent that this waiver and release shall also be deemed a full release, waiver, discharge, and covenant not to sue insofar as my aforementioned family members, heirs, assigns, and personal representatives are concerned. I hereby further agree that this waiver and release shall be governed and interpreted in accordance with the laws of the State of Virginia and/or the state in which I reside. I agree that in the event that any clause or provision of this release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this release which shall continue to be enforceable. In electronically signing or agreeing to this waiver and release, I hereby affirm that I have read the above release and waiver of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.