THE FITNESS ASYLUM PROGRAMMING NON-DISCLOSURE & PROPRIETARY INFORMATION AGREEMENT
I am choosing to participate in this program and understand that I am fully responsible for my own personal accountability, personal safety, and results. By signing this agreement, I agree that any and all parts of this program, including, but not limited to, all written, oral and electronically transmitted information, cannot and will not be shared, sold, copied, posted, distributed and/or disseminated in any manner without written prior approval from Bonnie Lefrak.
This agreement also covers all information on social media including Facebook.
I understand that my participation in this program can and will be terminated if I breach this agreement at any time as determined at the sole discretion of Bonnie Lefrak.
I further understand that such action will by agreement be construed as causing irreparable harm and the basis for legal action and you further agree to indemnify any and all costs incurred in taking legal action, including, but not limited to, attorney fees. I understand that this is a binding contract.
Additionally, I have completed a waiver of liability and am medically cleared to exercise and participate in this program. I further understand that this is not a medically based or medically supervised program. It is always recommended that you seek and consult with your medical provider before engaging in any type of exercise program.
Upon successful payment in full and/or approval of an installment plan for the (current season) of The Fitness Asylum Bikini Competition Team, you are granted full membership and benefits etc. to The Fitness Asylum Bikini Competition Team. Therefore, membership to the team and program is presumed used and is not refundable. Failure to complete the program does not constitute a basis for refund or refusal to pay any and all balances that are due. The Fitness Asylum reserves the right to consider exigent circumstance and may agree to award a credit to this or any other Fitness Asylum program. I understand that there are no refunds or transferring of funds allocated for this program.
If you commit and/or work with another team and/or entity that would be classified as a industry competitor with The Fitness Asylum Team, you will be removed from the team and all the benefits/resources that the team is entitled to immediately without the written consent of Bonnie Lefrak.
NUTRITION WAIVER OF LIABILITY
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
FIRST RESPONSE FITNESS INC, D/B/A THE FITNESS ASYLUM (THE “COMPANY”) STRONGLY RECOMMENDS THAT YOU CLEAR YOUR PARTICIPATION IN ANY PROGRAM WITH YOUR PHYSICIAN. THE PROTOCOLS OF THIS PROGRAM WILL INVOLVE YOU MONITORING AND CONTROLLING YOUR DIET AND IT IS IMPORTANT YOU UNDERSTAND THE FOLLOWING:
ACKNOWLEDGEMENT OF DANGER: I will be participating in nutrition habit counseling through Company (collectively known as “Services”). I am fully aware that these Services are of a nature and kind that are strenuous. I understand that not all nutrition programs are suitable for everyone. I acknowledge that these Services are provided for educational and informational purposes, are not intended as medical advice, and are not without varying degrees of risk. I understand that my participation in these Services may result in injuries including, but not limited to, injury to the dietary and/or cardiovascular systems, changes in blood pressure, fainting, stroke, and heart attack which can result in serious injury or death, due to negligence on the part of myself, my diet counselor, or other people around me, injury or death due to improper use dietary practices, or injury or death due to a medical condition, whether known or unknown by me.
ACCEPTANCE OF RESPONSIBILITY: I willingly assume full responsibility for any and all risks that I am exposing myself to as a result of my participation in any Services and diet/nutrition program and accept full responsibility for any injury or death that may result from my participation. Company strongly recommends I have a complete physical examination and evaluation by a licensed physician prior to making any major lifestyle or dietary changes. I assume full responsibility for my personal health, safety, and medical care. I agree to consult a physician or other licensed medical professional regarding any diet, nutrition or lifestyle changes, and prior to starting any new diet, supplement, exercise or wellness program.
ASSUMPTION OF RISK: I hereby certify that I know of no medical problems that would increase my risk of illness and injury as a result of participation in any Services offered by, or designed by, Company. I understand there exists the possibility of adverse physical changes during participation in any and all Services. I understand that certain prescribed medications may exacerbate these physiological changes and create an even greater risk of physical damage or death. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF AND PARTICIPATION IN THESE SERVICES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE.
LIMITATION OF SERVICES: I acknowledge and agree that Company is not a licensed medical provider and does not provide medical advice or treatment. Company provides information and counseling solely related to diet, nutrition and general health and wellness topics. I understand that Company's services do not constitute medical care, diagnosis, treatment, or management of any medical condition. Company does not prescribe medication, perform medical procedures, or provide therapies that require a professional medical license. I agree not to consider or construe any information, recommendation, or counseling provided by Company as medical advice or as a substitute for professional medical advice, diagnosis, or treatment by a licensed physician or healthcare provider.
CONFIDENTIALITY AND SHARING OF MEDICAL AND SENSITIVE INFORMATION: I understand that any medical or sensitive information I provide to Company will be used solely for the purpose of enhancing my experience and safety during the Services. I acknowledge that this information may be shared among the Company and its owners, agents, officers, principals, employees, independent contractors and volunteers as necessary. Company is committed to maintaining the confidentiality of my personal information and will take reasonable precautions to protect it from unauthorized access or disclosure. However, I understand that no method of electronic storage or transmission is 100% secure, and Company cannot guarantee absolute security of my information.
PUBLICITY RELEASE: For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby irrevocably grant to Company, the irrevocable, perpetual and unrestricted (except as expressly set forth below) right and permission, to use and publish my appearance (“publicity rights”) in any and all media now or hereafter known in connection with Company, the Services, including any goods or products, or any related activities to any of the foregoing (all such medium in which the Publicity Rights are used shall be referred to as the “pictures”), for any commercial purpose whatsoever, without royalty, payment, or any other compensation whatsoever to me. For such use of the Publicity Rights and the Pictures, I understand and agree that I will not be entitled to any compensation or consideration beyond my participation in the Services. I further agree that Company may edit, alter, digitize, synchronize, reproduce or otherwise change the Pictures for any such purpose. I acknowledge that I shall have no, and hereby expressly disclaim, any ownership, authorship or moral rights in the Pictures or any part thereof.
DIGITAL VIDEO USAGE: I recognize and agree that it is a condition of participation through Company that I freely execute and agree to digital video usage through my computer or handheld device, included being personally recorded pursuant to said digital video device. I agree that Company, and its owners, agents, officers, principals, employees, independent contractors and volunteers may use any taping of my image, voice, or appearance at any time pursuant to said digital video device at its discretion in the ordinary course of its operations.
AUDIO/VISUAL PUBLICITY WAIVER: I agree to indemnify and hold harmless Company, and its owners, agents, officers, principals, employees, independent contractors and volunteers (the “Released Parties”), its agents, successors, and assigns, from any and all claims, demands, actions or causes of action, liabilities, costs, dues, sanctions, fees, penalties, or expenses of any sort arising from the making of such recordings of me and their lawful and appropriate use. I further acknowledge that Company exclusively owns all rights to these recordings regardless of the form in which they are produced or used.
COPYRIGHTS: The rights granted to the Released Parties herein include, without limitation, all rights of every nature whatsoever in connection with use of the Pictures, including without limitation all copyrights (and any other intellectual property rights) therein and renewals and extensions thereof. I acknowledge and agree that all copyrights and right of every other kind relating or pertaining to the Pictures described above are the sole property of Company and I have no claim to the copyrights (or any other intellectual property rights) in the Pictures.
WAIVER: In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in the Services, I HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS OR CAUSES OF ACTION, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, ACCIDENT, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE, DESTRUCTION, DELAY, INCONVENIENCE OR OTHER HARM OF WHATEVER NATURE THAT MAY BE DIRECTLY OR INDIRECTLY RELATED TO, ARISING FROM OR SUSTAINED FROM PARTICIPATION IN THE SERVICES AND/OR USE OF THE PREMISES OR ACTIVITIES RELATED THERETO, NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER NEGLIGENT ACT OR OMISSION OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF ANY RELEASED PARTIES OR OTHERWISE, provided that nothing in this Section shall be deemed to release any Released Party from liability arising from their own willful or intentional injury to me or my property.
NO GUARANTEES OR WARRANTIES: I expressly agree that use of the services, systems, and materials of Company are provided without guarantees or warranties of any kind, either express or implied, included but not limited to warranties of merchantability or fitness for a particular purpose. No advice or information given by Company, its agents, affiliates, or employees shall create any such warranty. Company's services are intended to provide general information and tools to assist me in achieving my wellness goals. However, Company does not guarantee any specific outcomes as a result of its services.
INDEMNIFICATION: To the fullest extent permitted by law, I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, actions, suits, proceedings, losses, liabilities, penalties, fines, damages, costs, or expenses of any kind whatsoever (including, without limitation, attorneys' fees and costs) incurred by or asserted against any of the Released Parties as a result of my use of the Company’s facilities, equipment, or services; my breach of any term, covenant, or condition of this Waiver or any rules or policies of the Company; any negligent or willful act or omission of mine or my guests while on the Company’s premises; any injury, illness, or death sustained by me or my guests while using the Company's facilities, equipment, or services, except to the extent directly caused by the Company’s gross negligence or willful misconduct.
The indemnification obligations under this clause shall include, without limitation, all costs, expenses, and liabilities incurred in connection with any claim, action, or proceeding brought with respect to the matters indemnified hereunder, including all court costs and actual attorneys' fees incurred. The Company shall promptly notify me of any claim or action subject to indemnification and shall cooperate fully in the defense of such claim or action, at my expense. I shall have the right to assume the defense of any claim or action subject to indemnification with counsel of its choice, subject to the Company's approval, which shall not be unreasonably withheld. I shall not enter into any settlement or compromise of a claim or action subject to indemnification without the Company’s prior written consent, which shall not be unreasonably withheld.
The indemnification obligations under this clause shall survive the termination or expiration of my membership or use of the Company's facilities, equipment, or services.
This includes any adverse reactions or health consequences that may result from following any diet, nutrition, exercise, lifestyle or wellness recommendations provided by Company.
COVENANT NOT TO SUE: I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises.
SURVIVAL: Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
ENTIRE AGREEMENT; MODIFICATION; BINDING EFFECT: This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
GOVERNING LAW AND VENUE: This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of Massachusetts, without giving effect to the principles of conflicts of law. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in Norfolk County.
SEVERABILITY: If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
I have fully read and fully understand the foregoing assumption of risk, and release of liability, and I understand that by signing, it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights. I have been provided an opportunity to ask an attorney questions regarding this form and any nutrition related program, as well as questions for clarity. By signing, I am verifying that I have received adequate and sufficient answers to all of my questions.