GoodFit Academy Release And Waiver
Last Modified March 15, 2016
1. BINDING EFFECT. This is a binding agreement. For and in consideration of Good Fit LLC, its subsidiaries, affiliated entities, and their respective members, clubs, associations, sponsors, employees, agents, volunteers, successors, and assigns (“Good Fit”) allowing me, the registrant, to participate in the coaching and/or training service I am registering for herein (the “Program”); I, for myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”). By using the Internet site(s) operated by Good Fit located at, but not limited to, http://goodfitacademy.com (the “Site”) or any services provided in connection with the Site (the “Service”).
2. In consideration of Good Fit offering the Program and my being permitted to participate, I, on behalf of myself, my successors in interest, heirs, assigns, and representatives, hereby fully release and hold harmless Good Fit, their Officers, agents, employees, volunteers, any medical providers working for or on behalf of the Program, and representatives, successors and assigns (be they individuals or organizations), together with their insurers and sponsors (collectively, the “Company”), of and from any and all liability, claims, damages, actions and causes of action whatsoever on account of any loss, damage or injury to person (including death) or any other loss or inconvenience whatsoever, suffered by me at any time hereafter arising out of my voluntary participation of training, whether resulting from the Company’s negligence or otherwise (collectively, “Liabilities”).
3. I understand that I am voluntarily participating in running, fitness and overall health coaching and instruction offered by Good Fit, it’s founders, managers or authorized agents at my own request and at my own risk. I understand it is my responsibility to consult with a physician prior to and regarding my participation in running and related activities and any training programs offered by Good Fit. I acknowledge that I am aware of the risks inherent in training for and participating in training and certify that I am physically fit, in good health, and have not been otherwise informed by any physician and know of no restrictions imposed on me by any physician that would in any way prevent me from actively participating in the Program. I recognize that running or other activities described on this Site require physical exertion which may be strenuous and may cause physical injury. I am fully aware and accept the risks and hazards involved. I am responsible for my own safety and well-being at all times and under all circumstances while at the Event site. I also understand that engaging in running or training offered by Good Fit may pose potential risks such as abnormalities in my blood pressure, breathing, heart rate, and/or muscular-skeletal system that cannot be predicted with complete accuracy. I understand that I am responsible for monitoring my own condition throughout the workouts and dietary strategies suggested by these personal training tools which I have chosen and agreed to undertake, and should any unusual symptoms or conditions occur, I will immediately cease following the training/dietary recommendations and inform my physician of the symptoms or condition. I also agree to consult with and obtain written permission from my primary care physician prior to undertaking any of the suggested training and nutritional strategies. If I do not consult with and obtain permission from my primary care physician, I accept any and all consequences that may result from this inaction on my part.
4. In consideration of being permitted to participate and train with Good Fit I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result in participation of any program or instruction provided by Good Fit LLC. I also knowingly, voluntarily and expressly waive any claim I may have against Good Fit LLC, it’s founders, managers or authorized agents for injuries or damages that I may sustain participating in any programs offered. I understand and acknowledge the risks and dangers associated with participation in the Program and sport of track & field and related activities, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course or track conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Program, or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Program. I, my heirs or legal representative forever release, waive, discharge and convent not to bring litigation against Good Fit LLC, it’s founders, managers or authorized agents for any injury or death caused by either their negligence or other acts. I accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment.
5. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless Good Fit, and, if applicable, the following parties: the organizers, coaches and officials; the facility, venue and property owners or operators upon which the Program takes place; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys’ fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Event, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim.
6. Good Fit LLC is not providing any physical facilities (e.g., indoor or outdoor running tracks), clothing, shoes or physical training devices. All training locations are owned by third parties (the “Third Party Facilities”), and Good Fit LLC cannot and does not make any representation or warranty regarding the Third Party Facilities, including but not limited to their condition, accessibility, safety, or suitability for the Athletic Activities;
(a) You accept the condition of such Third Party Facilities, “AS IS, WHERE IS” and You agree to abide by all rules and regulations, public or private, that apply to the use of Third Party Facilities;
(b) You understand and voluntarily accept and assume all Risks and responsibility for all Injuries, whether physical or mental, including but not limited to, injuries to Yourself or Your guests, arising out of or in connection with the Athletic Activities and/or Your use of Third Party Facilities (collectively, the “Injuries”), including but not limited to the following:
(1) Any accidental or “slip and fall” Injuries;
(2) Injuries arising from participation in supervised or unsupervised activities and programs, including but not limited to those sponsored or endorsed by Good Fit LLC.
7. I hereby warrant that I am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by accepting it (including the rights of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have accepted this Agreement without any inducement, assurance or guarantee, and intend for my acceptance to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
8. I also give permission to the Good Fit LLC to freely use of my name, picture and voice in any broadcast, telecast, print account, or any other account in any medium of this Event (the “Personal Release”). I understand that this Personal Release is perpetual in time and that it encompasses, without limitation, any copyright or right of publicity or privacy that I may have in my name, picture and voice.
10. Consent and Information Release (“Consent”): I hereby grant permission to Good Fit LLC to render preventative or first-aid assistance or seek treatment or medical care that it seems reasonably necessary, including hospitalization, for my health and well being. I also give permission to Good Fit LLC to use and disclose my personal health information (“PHI”) in the ways described in this form. I allow Good Fit LLC to use my PHI as necessary for purposes related to my treatment. I also allow Good Fit LLC to give out my PHI to doctors, hospitals, ambulance companies, coaches, family members, and others involved in my care and treatment. My PHI may also be used and given out as necessary for training or as necessary for the proper management and administration of Good Fit LLC.
11. This Release and Consent will be governed by and subject to the laws (except the choice of law principles) and exclusive jurisdiction of the courts of the State of New Jersey.