Commitment to Terms
In consideration of my own fitness needs and two buddy pass training sessions, I do hereby agree to freely enter into this Buddy Pass Agreement with JWFNS Hilltop, LLC dba Jim White Fitness & Nutrition Studios (hereinafter “JWFNS”) and agree to the following terms:
That for and in consideration of the rights and privileges associated with activity of personal fitness and physical training on or about the premises and leaseholds of JWFNS or any locations where JWFNS conducts fitness activities, the undersigned does acknowledge and agree to be bound by the following.
1. Acknowledgement and Assumption of Risk: I recognize the fact that there is an inherent danger in the activity of personal fitness and physical training which includes, but is not limited to, serious injury, temporary or permanent disability, or death, and that no amount of care, caution, instruction or expertise can eliminate this danger. I further understand that these injuries and losses might result not only from my actions, but the actions, omissions, failures, or negligence of others. I hereby acknowledge and assume these inherent risks associate with these activities and I further acknowledge that my participation in this activity is purely voluntary, and, having been fully informed of said risks, I elect to do so notwithstanding the risks involved.
2. Release of Liability: I hereby waive my rights to make or bring any claims, causes of action, or suits of any nature against JWFNS, its representatives, affiliates, subsidiaries, owners, officers, employees, agents, servants, or contractors for any injury or damage of any nature resulting from any negligence or other acts, howsoever caused, by JWFNS, its representatives, affiliates, owners, officers, employees, agents, servants, or contractors, as a result of my participation in the aforementioned activities, and I further represent that I fully understand the legal consequences of this waiver and that I make this waiver knowingly and voluntarily.
3. Dietary Regimens: I agree and understand that JWFNS and its agents, representatives, employees, owners, officers and directors are not medical doctors and do not give medical advice. I agree and understand that any dietary advice, including any advice with regard to the use of any dietary supplements such as vitamins and the like, is given by JWFNS and its agents in the capacity of a registered dietitian/dietetic technician registered and is based upon that expertise as it pertains to diet and fitness, and that any medical concerns or issues that I may have should be discussed with a licensed physician, and must be brought to the attention of JWFNS in a timely manner.
4. Indemnity Clause: In addition to assuming full responsibility for any and all liability which may result from the activities listed above, should JWFNS, or anyone acting on its behalf be required to suffer any damages or claims of any nature, and/or incur attorneys’ fees and costs to enforce this agreement, I agree to indemnify and hold them harmless from all such damages or claims, including any such fees and costs.
5. Release of Owner: Each and every release, waiver and indemnification of JWFNS, provided in this agreement shall also apply, with equal force and effect, as a release, waiver and indemnification of the owner(s) of the property on which the training activities take place.
6. I hereby grant to JWFNS and its successors, licensees and assigns, without charge or other compensation, the irrevocable exclusive right, but not the obligation, with or without my knowledge, in perpetuity and throughout the universe, to film, tape and/or photograph, perform, record, exhibit, display, edit, distribute, sell and otherwise use my appearances, name, likeness, voice, conversations, sounds, signature, biographical data, and any information or materials provided by me to JWFNS in and in connection with and ancillary to any Fitness or Nutrition training with JWFNS or otherwise in any and all media, whether now known or hereafter devised including, without limitation, in the Fitness or Nutrition training with JWFNS, motion pictures, television, on the Internet, publishing, and recordings, and in and in connection with the advertising, sale, promotion, marketing, merchandising, distribution, publicizing and all other types of exploitation thereof, or in any other manner whatsoever in JWFNS’ sole discretion or to refrain there from. JWFNS shall also have the unrestricted right to edit the content and text of any recordings of the Fitness or Nutrition training with JWFNS and any video and sound recording and other materials I submit in connection therewith, as well as the Fitness or Nutrition training with JWFNS and all film, tape, photography, recordings and my appearances thereon, in any manner or form. I further agree that JWFNS is the sole owner of and may freely assign all results and proceeds of such film, tape, photography, recordings and my appearances thereon.
7. Applicable Law: This Statement of Informed Consent, Waiver, and Release of Liability agreement is formed under and is to be interpreted consistent with the laws of the Commonwealth of Virginia.
STATEMENT OF INFORMED CONSENT, WAIVER AND RELEASE OF LIABILITY BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT IF I AM INJURED OR MY PROPERTY IS DAMAGED WHILE ENGAGED IN THE ACTIVITY OF PERSONAL TRAINING AND PHYSICAL FITNESS AT JWFNS, OR ANY OF ITS LEASEHOLDS, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST JWFNS, OR ANY OF ITS AFFILIATED ORGANIZATIONS, OWNERS, OFFICERS, EMPLOYEES, AGENTS, SERVANTS, OR CONTRACTORS, AS WELL AS ANY OWNER(S) OF THE PROPERTY ON WHICH THE ACTIVITY TAKES PLACE.
IT IS THE INTENTION OF THE UNDERSIGNED TO EXEMPT AND RELIEVE JWFNS, AND ANY OF THE ASSOCIATED PARTIES OR OWNER(S) MENTIONED HEREIN FROM ANY AND ALL LIABILITY SUSTAINED BY ME RESULTING IN PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND JWFNS, AND ITS AFFILIATED PARTIES, AND I SIGN IT ON MY OWN FREE WILL AND VOLITION.