JENNY APRIL MOVEMENTS LLC
WAIVER AND RELEASE OF CLAIMS AGREEMENT
This agreement (“Agreement”) is an important legal document. It explains the responsibilities and risks you are assuming by engaging in virtual workout classes and related services with Jenny April Movements LLC (“Company”). It is critical that you (“you” or “I”) read and understand this Agreement completely. After you have done so, please accept the terms below as indicated.
WHEREAS, Company is offering virtual workout and personal training sessions, whether pre-recorded or live video stream, and other Company classes, programs and events (collectively, the “Services”) and I am voluntarily electing to participate in the Services.
WHEREAS, the Services include physical activities and the use of personal equipment, both of which contain an inherent risk of injury, serious or disabling injury, or even death, and I am voluntarily accepting and assuming those inherent risks.
NOW THEREFORE, in consideration for the Company’s performance of the Services and the privilege of participation in those services, I, the undersigned below, hereby agree to the following:
Release and Waiver of Liability. By accepting this Agreement, I hereby forever waive and release Company, its members, owners, employees, trustees, contractors, volunteers, representatives, agents, assigns, successors, and anyone else acting for or on its behalf (collectively, herein “Company”) from any and all liability present, past and in the future relating to, connected with, or arising out of the Services. I hereby on behalf of myself and my spouse, heirs, next of kin, assigns, executors, administrators, agents, successors, legal representatives or any others who may claim on my behalf, promise not to sue, and hereby forever irrevocably waive, release, remise and discharge Company from any and all liability, claims, demands, actions or rights of action, or damages of any kind, including but not limited to personal injury, disability, death, property damage, or loss sustained by me or anyone at my home participating in the Services through or as a result of the Services, related to, arising from, or in any way connected with the Services or my participation in the Services. This Release and Waiver applies to all claims, demands, damages, costs, expenses, actions and causes of action foreseen or unforeseen, including but not limited to negligence, breach of statutory or other duty of care, epidemic, pandemic, public health emergency, or civil unrest. I UNDERSTAND AND AGREE THAT THIS AGREEMENT AND RELEASE AND WAIVER IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY LAW. This Release and Waiver includes, without limitation, injuries that may occur as a result of Company’s instruction; training methods or techniques; Company’s programs and suggested athletic movements; equipment malfunction or misuse; improper athletic, lifting, stretching or related form; clumsiness; aliments during or after the Services; injury or harm resulting from COVID-19; mental and emotional stress; the Risks (defined below); pandemic, epidemic, or public health emergency; risks associated with food or dehydrations; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention or delayed provisions thereof; sickness, personal injury; disability; death; property damage; or wrongful death. I UNDERSTAND THAT I HAVE FORFEITED MY RIGHTS TO SUE COMPANY, AND THAT THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER. I agree that if I, or anyone on my behalf, assert a claim contrary to what I have agreed to herein, the claiming party shall be liable for the expenses (including legal fees) incurred by Company in defending such claim.
Indemnification. I assume full responsibility for my voluntary participation in the Services, and I agree to indemnify, defend, and hold harmless, at my sole expense, Company from and against any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of or in any way relating to the Services or Materials (defined below) and my participation in the Services, whether now or in the future, including but not limited to those claims arising from any preexisting injury, aliment, disability or medical condition. I accept financial responsibility for any injury, including even death, or damage that I may cause either to myself or the person or property of another individual, or damage to my own person or property. Should Company, or anyone acting on its behalf be required to incur attorney fees and costs to enforce this Agreement, I agree to reimburse them for such fees and costs.
Acknowledgement and Assumption of the Risk and My Responsibilities. I understand and agree that the option to participate in the Services is voluntary and I am electing to participate in the Services at my own behest. I understand and agree that I, and anyone else participating in the Services through my actions and without properly registering with Company, may be exposed to inherent risks by participating in the Services. I understand that the Services include physical activities and that there are inherent risks associated with the Services that may result in injury, even serious or disabling injury, or death, and that this risk is always present and cannot be entirely eliminated. I am aware that specific risks vary within the Services, and the risks range from minor injuries to major injuries, such as catastrophic injuries including paralysis and death. I affirm that I alone am responsible for deciding whether to participate in the Services. I acknowledge that I take full responsibility for my life and well-being and all decisions made during and after the Services. I hereby expressly assume the risks of the Services, including the risk of injury, accident, death, loss, cost or damage to my person, my family and my children, or my property. I understand that I have the complete right to stop or decrease exercise at any time during the Services, and I acknowledge I will voluntarily reduce my exercise level and intensity if I feel shortness of breath, fatigue, inability to breath, inability to hold or maintain suggested weight amounts, chest pain, or any other symptoms which are unusual or unexpected (collectively, “Symptoms”). I further understand that I will be held accountable for my failure to decrease my exercise level when Symptoms may arise. Knowing the material risks and appreciating, knowing and reasonably anticipating that other injuries are a possibility, I hereby forever expressly assume all of the delineated risks of injury, and all other possible risk of injury, including disability and death, which could occur by reason of my participation in the Services.
I understand and voluntarily accept and assume the risks associated with foregoing the Services and agree that Company and its employees will not be liable for any injury, including, without limitation: personal injury, bodily injury, death, permanent or temporary disability, mental/emotional injury, economic loss or any damage to me or my property, or injury as a result of equipment malfunction or misuse. I acknowledge that I am in good physical condition and health and I do not have any disability, impairment, injury, disease, or ailment that would prevent me from engaging in the Services or which would cause increased risk of injury or adverse health consequences as a result thereof. I voluntarily and personally assume the risk of any and all consequences of participating in the Services. I understand it is my responsibility to ensure that I have adequate insurance coverage to cover any risks such as medical costs, personal accident risks, personal liability and legal expenses and I further understand that Company shall in no event provide any coverage or compensation for any injury or claim arising from or related to the Services. Knowing the material risks and appreciating, knowing, and reasonably anticipating that other injuries are a possibility, I hereby forever expressly assume all of the delineated risks of injury, all other possible risk of injury, which could occur by reason of my participation in the Services (collectively “Risks”).
Rules and Regulations. I agree at all times during the Services to adhere to and abide by the Company’s instruction, as presented by the instructor. I further recognize and agree to abide by and comply with the rules, regulations and instructions of Company, whether during the Services, on the Company’s website or included when you sign up for the Services or as may otherwise be directed by Company and its employees or agents. I understand and agree that all videos, classes, workout routines, or recordings provided by Company during the Services, whether downloadable or streaming, including all intellectual property rights therein (“Materials”), are owned exclusive by Company and provided for my sole benefit and use for the completion of the Services. The Materials may not be provided to any other individual, group, entity, organization, or program, whether for compensation or as a gift and sharing the Materials without the Company’s consent is expressly prohibited. The Materials, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Company and I agree not to take any action to encourage a third party to engage in such behavior.
Disclaimer of Warranties. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL AIR OR STREAM ERROR-FREE OR BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, O R OTHERWISE. NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM COMPANY PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
Dispute Resolution. This Agreement and the interpretations hereof shall be governed exclusively by its terms and by the laws of the Commonwealth of Virginia, without reference to any choice of law provisions. The parties hereto acknowledge and agree that any legal action brought pursuant to this Agreement shall only be of proper venue exclusively within the courts of the Commonwealth of Virginia. Any litigation relating to this Agreement shall be commenced and maintained only in a federal or state court in the Commonwealth of Virginia closest to the business principal business address; and I hereby consent to personal jurisdiction and venue in any such court. EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTERS INVOLVING THE PARTIES HERETO. Except as otherwise provided herein, the prevailing party in any lawsuit or other proceeding regarding this Agreement shall be entitled, in addition to other costs and damages, to reasonable attorneys’ fees and litigation expenses.
Miscellaneous. I acknowledge that any violation of this Agreement may subject Company to irreparable injury not fully compensable in monetary damages, and that in the event of such a violation Company shall be entitled to preliminary or permanent injunctive relief. I further consent to court enforcement of the specific language of this Agreement. I agree that my obligations as detailed herein shall continue in effect after termination of this Agreement, regardless of the reason, and whether such termination is voluntary or involuntary. I acknowledge and understand that the terms contained in this Agreement are fair and reasonable, and are reasonably required for the protection of Company. If any provision of this Agreement (or portion thereof) is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision (or portion thereof) of this Agreement that can be given effect without the invalid provision. In such event, all parties agree that the court making such determination shall have the power to alter or amend such provision so that it shall be enforceable to the maximum extent permitted by law. I hereby agree that this Agreement shall be effective on me and my spouse, heirs, next of kin, executors, administrators, successors, representatives, assigns and/or transferees in the event of my death or incapacity. This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements on this matter. There are no other written or oral agreements, representations, or understandings with respect to the subject matter of this Agreement.
I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I VOLUNTARILY AND KNOWINGLY AGREE TO THE TERMS AND CONDITIONS STATED HEREIN. I RECOGNIZE THAT BY ACCEPTING THESE TERMS, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING ANY RIGHT I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST COMPANY. I INTEND FOR MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY OF COMPANY TO THE GREATEST EXTENT PERMITTED BY LAW.