ASSUMPTION OF RISK
I understand that in connection with my access to and use of the classes (including fitness classes), the websites, applications, products, services, and any content or information available thereon (collectively, “Services”) made available to me by Exer Labs, Inc. (“Exer Labs”), I may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent with such use and activity and I hereby voluntarily assume such risks. These inherent risks include, but are not limited to, the dangers of serious personal injury, property damage, and death (“Injuries and Damages”) resulting from the use or misuse of the Services, or any activity I engage in as a result of accessing to any information or content available through the Services.I acknowledge that Exer Labs and any personnel who provide content or teach classes on the Services (“Instructors”) have not tried to contradict or minimize my understanding of these risks.I know that Injuries and Damages can occur by natural causes.I acknowledge that all use of the Services is voluntary and Exer Labs and the Instructors undertake no obligation to supervise or monitor the use of the Services by me or any other person.
I understand that risks of such Injuries and Damages are involved in the use of the Services and I appreciate that I may have to exercise extra care for my own person and for others around me when using the Services.
WAIVER OF CLAIMS; RELEASE OF LIABILITY
To the fullest extent allowed by law, I agree to WAIVE, DISCHARGE CLAIMS, AND RELEASE FROM LIABILITY Exer Labs, its officers, directors, employees, consultants, contractors, agents, and Instructors (the “Released Parties”) from any and all liability on account of, or in any way resulting from Injuries and Damages, even if caused by the negligence of any Released Party, in any way connected with my use or access to the Services. I further agree to HOLD HARMLESS AND INDEMNIFY Exer Labs, its officers, directors, employees, agents, and leaders from any claims, damages, injuries or losses arising in any way from my access to or use of the Services.
I understand and intend that this assumption of risk and release is binding upon my heirs, executors, administrators and assigns, and includes any minors accompanying me in my use of the Services.This Agreement is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this Agreement is held to be invalid or legally unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable.
I expressly waive all rights conferred by Section 1542 of the California Civil Code, or any substantially similar law, which states in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known to him must have materially affected his settlement with the debtor.”
I certify that I am at least 18 years of age and have the legal capacity to enter into this agreement.
[__] I agree to the terms of this Liability Waiver and Release.
