PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS PROVISIONS CONCERNING WAIVER, RELEASE, INDEMNITY, AND OTHER PROVISIONS AFFECTING YOUR LEGAL RIGHTS.
OUTWELLNESS PERSONAL TRAINING PARTICIPANT AGREEMENT
This agreement must be signed by each recipient of personal training services and other related or incidental activities provided by OutWellness (collectively, the “Services”), who is eighteen years of age or older.
In consideration of OutWellness providing the Services to me, I, participant, on my behalf acknowledge and agree as follows:
Assumption of the Risk. I fully understand that: (i) engaging in and receiving the Services may involve the risk of serious bodily injury including, without limitation, permanent disability, sickness, illness, paralysis, and/or death (the “Acknowledged Risks”); (ii) the Acknowledged Risks may be caused by various factors including, without limitation, the actions, inactions, or negligence of Sydney Young; the actions, inactions, or negligence of others (including those involved in providing or facilitating the provision of the Services); or the condition of the premises in which the Services are provided; and (iii) there may be other risks associated the Services that may result in direct, indirect, or consequential losses or damages, which may not be known to or perceived by me at this time. I FULLY ACCEPT AND ASSUME ALL OF THE ACKNOWLEDGED RISKS AND OTHER RELATED OR INCIDENTAL RISKS.
WAIVER, RELEASE, AND INDEMNITY. I VOLUNTARILY AND UNCONDITIONALLY WAIVE AND RELEASE, AND AGREE TO INDEMNIFY, SAVE, AND HOLD HARMLESS SYDNEY YOUNG, (THE “OUTWELLNESS PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITY AND RESPONSIBILITY FOR ANY CLAIMS, DEMANDS, SUITS, ACTIONS, CAUSES OF ACTION, REMEDIES, JUDGMENTS, DAMAGES, INJURIES, ATTORNEYS’ FEES, COSTS, EXPENSES, LIABILITIES, OR OTHER LOSSES OF ANY AND EVERY KIND AND NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, DIRECT OR INDIRECT, WHICH MAY ARISE UNDER COMMON LAW, IN EQUITY, OR UNDER STATUTE, CAUSED, SUFFERED, OR INCURRED BY MYSELF OR ANY OTHER PERSON OR ENTITY DURING OR ARISING OUT OF OR IN ANY WAY ASSOCIATED WITH, DIRECTLY OR INDIRECTLY, MY PARTICIPATION IN THE SERVICES INCLUDING, WITHOUT LIMITATION, ALL DAMAGES, INJURIES, ILLNESSES, SICKNESSES, CONTAGIONS, OR DEATH ARISING FROM THE SERVICES, OR ARISING FROM THE ACTS, OMMISSIONS, OR NEGLIGENCE OF THE OUTWELLNESS PARTIES IN PROVIDING THE SERVICES; AND I COVENANT AND AGREE NEVER TO COMMENCE, VOLUNTARILY AID IN ANY WAY, OR CAUSE TO BE COMMENCED OR PROSECUTED AGAINST ANY OUTWELLNESS PARTY ANY ACTION OR PROCEEDING BASED UPON OR IN FURTHERANCE OF ANY CLAIM OF ANY PERSON OR ENTITY WHATSOVER RELATED TO THE ABOVE.
Additional Provisions
(1) I represent and warrant to OutWellness that I am fully capable of participating in the activities arising from the Services and have no condition, medical or otherwise, that would prevent, restrict, or in any way affect participation in the Services or any activities arising from or related to the Services.
(2) I acknowledge and agree that the Services are exclusively being provided by OutWellness by and through its member Sydney Young (NSCA ID: 001084237)
(3) I authorize any third-party medical or para-medical provider, and any member of OutWellness staff, including without limitation Sydney Young to administer and/or obtain emergency medical care for me and to exchange medical information with the third-party provider. I hereby give OutWellness and any member of OutWellness’ staff, including without limitation Sydney Young, permission to transport or arrange for the transportation of me to a medical facility or hospital.
(4) I understand and agree that if I must be rescued or evacuated, I will bear and pay all costs associated with such rescue or evacuation.
(5) I grant to OutWellness the right to use for promotional purposes any photograph or video images taken of me while OutWellness is providing the Services.
(6) I agree that if any term or provision of this agreement is held invalid, illegal, or unconscionable for any reason whatsoever, then, notwithstanding the invalidity, illegality, or unconscionability of such term or provision, the remaining terms and provisions of this agreement shall continue in full force and effect to the greatest extent permitted by law.
(7) I agree that the venue for any lawsuit or other legal proceeding regarding my participation in activities arising out of the Services or this agreement shall be in a state court in Travis County, Texas and governed by Texas law.
I have read and fully understand this agreement and have signed it freely, without inducement, assurance, duress, fraud, or undue influence of any nature whatsoever. I am aware that by signing this agreement, I am waiving the rights described above, which I may have, and am agreeing to be bound by OutWellness Cancellation Policy, a copy of which is attached to and incorporated in this agreement as Exhibit A, for all Services rendered by Sydney Young both now in the future.
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