1. I am entering into this Agreement because I sincerely and voluntarily desire to participate in movement classes, wellness programs, training programs, workshops and/or other wellness, body work, exercise or healing arts activities (collectively, “Activities”) that are offered by VITALIST, LLC, a California Limited Liability Company (the “VITALIST Network”). I understand that Activities may be offered in the physical location of the VITALIST Network and/or be offered online via videos, television, podcasts, apps or other digital media or platforms. All offerings of the VITALIST Network that I choose to participate in, whether in-person or online, shall be considered as “Activities.” I acknowledge and understand that some Activities offered by VITALIST Network may be entirely different from other wellness experiences or exercises that I have participated in prior.
2. I recognize that I must be in a stable state of physical and mental health to participate in the Activities. I understand that the Activities may require intense physical exertion, and I represent and warrant that I am physically fit enough to participate, and I have no medical condition which would prevent my full participation in the Activities. I recognize that the Activities may cause or aggravate a physical injury or medical condition. I understand that it is my responsibility to consult with a physician before my participation in the Activities. If I have done so, I have taken the physician’s advice. I understand that the VITALIST Network reserves the right to refuse my participation in any Activity on medical, fitness or any other grounds.
3. I am aware that my participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries. I understand that I could experience muscle, back, neck and other injuries as a result of my participation in the Activities. I understand my physical limitations and I am sufficiently self-aware to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury.
4. In consideration of being permitted to participate in the Activities, I am fully empowered in governing myself and my participation in all Activities and know that I will stop, adapt or change my experience to make it my own Activity. I agree to assume full responsibility for any harm, risks, injuries, or damages, known or unknown, which I might incur as a result of participating in the Activities at the VITALIST Network, including those which may result from the negligence of the VITALIST Network.
5. In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly waive any “Claim” (as defined below) I may have against the VITALIST Network, its owners, managers, teachers, instructors, workshop presenters, employees, independent contractors and staff (each, a “Released Party”) that I may sustain as a result of participating in the Activities at the VITALIST Network, even if the Claim arises from the negligence of any Released Party or anyone else. I agree to release, hold harmless, and indemnify each Released Party from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to have resulted or did result from the negligence of any Released Party or anyone else. For purposes of this Agreement, the term, “Claim,” includes and shall not be limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I may suffer, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity. I intend this Agreement to release VITALIST Network of liability to the fullest extent under applicable law.
6. I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.
7. I hereby understand that the VITALIST Network from time to time may photograph, video, or otherwise record classes or events occurring at the VITALIST Network and place such photographs and videos on its Website, social media platforms, and/or on the Mighty Network. I hereby give my permission and consent to VITALIST Network to use and publish my image and likeness that may appear in any such photograph or video for educational, marketing, and promotional purposes.
8. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California and that all actions, suits, claims and proceedings relating to this Agreement shall be brought in a court of competent jurisdiction located in Nevada County, CA. In case any provision of this Agreement shall be held invalid, illegal or unenforceable, such invalidity shall not be deemed or interpreted to affect any other provision of this Agreement, and this Agreement shall be construed as if such provision had never been contained herein. I acknowledge that I have carefully read this Agreement and fully understand its contents. I voluntarily and knowingly agree to the terms and conditions stated herein. I am aware that by signing this Agreement, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators and assigns may have against any Released Party.