ASSUMPTION OF RISK AND LIABILITY WAIVER AND RELEASE AGREEMENT
1. I have voluntarily enrolled in a program of physical exercise, nutrition, emotional, and life coaching. This program may include, but is not limited to exercise, wellness coaching, personal development lessons, neuro- linguistic programing, meditation, behavioral modifications, and dietary consultations through meetings with a Released Party (as defined below), printed and recorded materials, and similar program materials (the “Activities”). The recommendations resulting from the Activities may include, but are not limited to, exercise, strength, flexibility and mobility training, stress reduction techniques, food and behavioral modifications, and similar recommendations. I understand that adopting any of these recommendations is voluntary and by choice. In consideration of participation in the Activities, I agree and acknowledge that I am fully aware that my participation involves risks and I accept all the risks of participating, even if the risks are created by the carelessness, negligence or gross negligence of a Released Party or anyone else.
2. “Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, personal injury or death in connection with participation in the Activity, including but not limited to medical expenses, lost wages, pain and suffering, and attorney’s fees that may occur via my voluntary enrollment in the Activities and any other distress, illness, soreness, or injury, however caused, whether occurring during or
after my participation in the Activities, use of the recommendations developed during the Activities, or the equipment and facilities, regardless of fault or negligence. “Released Party” means Generation Healthy, LLC, Rachel Pastor, and any of their affiliates, agents, and their respective representatives, directors, officers, agents, employees, or volunteer staff.
3. I agree and acknowledge that: (a) I am in good physical condition to participate in the Activities and I do not suffer from any disability that would prevent or limit my choice or ability to participate in the Activities. I fully understand that I may suffer physical or emotional trauma as a result of my participation in some of the Activities, and I am fully aware that participation could, in some circumstances, result in physical injury, serious physical injury, or death; and (b) I understand my physical and emotional limitations and am sufficiently self-aware to stop physical and emotional activity before I become ill or injured.
4. I acknowledge and understand that the Released Parties are not medical or mental health care providers and that they are not providing health care, medical, or nutrition therapy services or attempting to diagnose, treat, or cure in any manner whatsoever, any disease, condition, or other physical or mental ailment of the human body. I understand and acknowledge that the information provided at or in conjunction with the Activities, including dietary, exercise, and growth advice is not intended to be a substitute for professional medical advice, diagnosis, or treatment that should be provided by my physician, therapist, licensed dietician, or nutritionist, or any other licensed or registered health care professional. I fully understand that the Released Parties are facilitators to assist me in my overall well-being and physical fitness and that it is my responsibility to take charge of my health and well-being outside of planned sessions. I fully understand that it is my responsibility to communicate my care with both the Released Parties and my physician or other qualified health care professionals so that my care is orchestrated optimally. I represent and warrant that I will not withhold information from any of these individuals. I agree to seek the advice of my physician or another qualified health care professional prior to and during the Activities regarding any questions or concerns I have about my health, mental health, possible or actual pregnancy, known or suspected food sensitivities or allergies, dietary restrictions, or any medications I am currently taking. I agree not to disregard professional medical advice or delay seeking professional advice or stop taking any medications without speaking to my physician or health care professional. I accept full responsibility and liability for any product or technology loaned to me as part of participation in the Activities. I will notify the facilitator immediately of any pain and/or major discomfort felt during any Activity.
5. In consideration of my participation in the Activities, I hereby, for myself and for my heirs, next of kin,executors, administrators and assigns, fully release, waive and forever discharge any and all rights or Claims I may have, now or in the future, against any Released Party, even if the Claims are based on the carelessness, negligence or gross negligence of a Released Party or anyone else. Without limiting the foregoing, I further release any recourse that I may now or hereafter have resulting from any decision of any Released Party.
6. I agree not to sue any Released Party for Claims, even if the Claims arise from the carelessness, negligence, or gross negligence of any Released Party or anyone else. I agree to indemnify (reimburse for any loss) and hold harmless each Released Party for, from, and against any loss or liability (including any reasonable legal fees they may incur) defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.
7. I acknowledge that no warranties or representations have been made to me about the Activities that are not stated on this form. I understand that no claim is made as to the efficacy of any Activity or nutritional, physical, or wellness advice. I understand and intend that this document act as the broadest and most inclusive assumption of risk, waiver, release of liability, agreement not to sue and indemnity. If any provision of this agreement shall 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. I have fully read and understand this agreement. I am aware that by signing this agreement, I am waiving certain legal rights I or my heirs, next of kin, executors, administrators and assigns may have against the Released Party.
8. CONFIDENTIALITY. Both Parties agree not to disclose, reveal or make use of any information learned by either party throughout the term of the Activities (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement or the Activities, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own Confidential Information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of the Agreement. I understand and acknowledge that there are certain privacy limitations for sessions or communications conducted using telecommunications (e.g. phone, Skype, FaceTime, Zoom, and other video conferences services), and that such communications are subject to the third party providers’ privacy policies. I hereby release, waive, and forever discharge the Released Parties for, from, and against any Claims I may have with respect to my information. In the event that I am required by law to disclose any of the Confidential Information, I will (i) provide the Released Parties with prompt notice of such requirement prior to the disclosure, and (ii) give the Released Parties all available information and assistance to enable them to take the measures appropriate to protect the Confidential Information from disclosure. All Material given to during the Activities is
proprietary, copyrighted and developed specifically for and by the released Parties. I agree that such proprietary material is solely for the my own personal use. Any disclosure to a third party is strictly prohibited. All program materials are copyrighted and the original materials that have been provided to me for my individual use only and are granted as a single-user license. I acknowledge and agree that I am not authorized to re-sell, share, or use for profit any of the Released Party’s intellectual property, and no license to sell or distribute the Confidential Information is granted or implied. By signing below, the I agree that if I violate, or display a likelihood of violating, the provisions above, the Released Parties will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
9. NO REFUNDS. I understand and agree that I am responsible for payment in full for the Activities, regardless of whether I complete or participate fully in the Activities. Released Parties will not issue any refund once theActivities begin.
10. This Agreement shall be governed by the laws of the state of Colorado. Any controversy or claim between me and a Released Party shall be brought in Larimer County, Colorado. I understand and agree that my sole remedy against a Released Party shall be a refund of the amount I have paid to participate in the Activities.