The Participant herein forth agrees to the following terms and conditions.
ASSUMPTION OF RISK: I am aware that all activities associated with participating in this any kind of physical activity including, but not limited to activities involving aerobic exercise, stretching exercise, running, as well as additional strenuous exercise and/or exertion of strength, sports and other sustained physical activities which place stress on the cardiorespiratory and muscular systems (collectively referred to as “Activity”), and can be hazardous activities that include certain risks and dangers, including but not limited to, catastrophic injuries, including paralysis, other serious injury and death. I VOLUNTARILY ACCEPT FULL RESPONSIBILITY OF ALL RISKS INVOLVED, INCLUDING RISKS FROM PARTICIPATING IN ANY WAY IN THE ACTIVITY occurring at COLONY CLUB AND THE ADVERTISED ROUTE ON WEEKLY DURING 2017.
WAIVER: In consideration of my participation of the Activity & event(s)/ or exercise plans provided by and conducted by the Host I, myself, my heirs, executors, administrators or assigns, do hereby release, waive, discharge and covenant not to sue Host and/or its members, managers, officers, directors, agents, and affiliated entities (Hereinafter referred to as “Releasees”) from liability, from any and all claims, including the negligence of Trainer resulting in personal injury, accident or illnesses (Including Death) and property loss arising from, but not limited to, participation in the Activity and use of facilities, premises or equipment at any location used for events or in connection with exercise plans. I expressly release, hold harmless, discharge and indemnify (Including costs and attorney’s fees) Host and Releasees for any loss, injury or damage (including Death) from any cause, including negligence arising out of any Location, and/ or arising out of the use of my equipment or equipment provided by Host.
SEVERABILITY AND JURISDICTION: I further expressly agree that the foregoing provisions in this Agreement are intended to be as broad and inclusive as permitted by the laws of the state of New York and if any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I further acknowledge and agree that this Agreement shall be governed by and shall be construed in accordance with the laws of the state of New York. Any claims or legal actions by one party against the other shall be commenced and maintained in the state courts of the state of New York and the parties hereby submit to the jurisdiction and venue of any such court in the state of New York
SOCIAL MEDIA: Member agrees to make at least one (1) social media posts per season on facebook, instagram, and twitter in connection with this Agreement. Each post should show the Member while working individually or in a #GOODWRK group training session, using the specific hashtag #GOODWRK and mentioning the accounts @good.wrk, @impercell, and any other social media handles specified by Percell Dugger.
FEEDBACK & REVIEWS: Members agree to bring all concerns and feedback directly to #GOODWRK to allow #GOODWRK the opportunity to answer and/or cure any concerns prior to. Member posting concerns or feedback as a review online or elsewhere.
INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD Host and all Releasees harmless of any and all claims, actions, suits, procedures, costs, expenses, duties and liabilities, including attorney’s fees brought as a result of my participation in this activity.
PHOTOGRAPHY RELEASE AGREEMENT:I acknowledge that during Host workouts I may be photographed or filmed by Host or other professional or amateur photographers. I hereby grant to Host, its legal representatives, assignees, and those acting under its authority, the unrestricted right and permission to copyright and/or use, and/or publish photographic portraits or pictures, and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving or video format, or in which I may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, "Material" in any media, advertising, or any other lawful purpose.
MEMBERSHIP FEE: Members will pay a fee in an amount specified by #GOODWRK for the Term or Renewal Term (“Membership Fee”). Payment must be received by the first (1st) day of the beginning of the Term and/or the Renewal Term. If #GOODWRK does not receive payment by the fourth (4th) day of the Term or Renewal Term, failure to remit or schedule a payment paln will constitute as a breach of this Agreement and Member’s membership will be terminated. #GOODWRK will not provide any refunds or prorated rates under any circumstances.
I hereby relinquish any rights to examine or approve the finished product or products or the advertising copy or printed matter that may be used in connection with an image taken of me or my liking, or the use to which it may be applied. I waive any ownership and publication right in connection with the Material, with the exception of the personal use of the Material as part of personal modeling portfolio. I waive my right to sell, license or publish any of the Material that to any person or entity.
I further release Host, and Releasees from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of these images. I waive any and all claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by me, or any of the property belonging to me, while performing the photography session, or while in, on or upon the premises where the photography session was performed.