Release of Liability and Assumption of Risk
Please read this Release of Liability and Assumption of Risk ("Waiver") carefully before attending a training, programs, exercise or pop-up event ("Activity") operated by Well FX, LLC (dba Raleigh Group Fitness), a North Carolina limited liability company ("us", "we", or "our").
Your access to and attendance in the Activity is conditioned on your acceptance of and compliance with this Waiver. This Waiver applies to all visitors, users, subscribers and others who attend any Activity. By attending an Activity you agree to be bound by this Waiver. If you disagree with any part of the Waiver then you may not attend the Activity.
The individual attending the Activity (referred to as "I" or "me") desires to participate in an Activity sponsored by us. As consideration for being able to participate in the Activity, I agree to the terms set forth in this Waiver.
• I understand that it was/is my responsibility to consult with a physician prior to and regarding my participating in the Activity.
• I represent and warrant that I am physically fit and have no medical condition that would prevent my full participation in the Activity.
• In consideration of participating in the Activity, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Activity.
• I hereby expressly waive and release all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company, and its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the negligence of the Company or any Releasees or otherwise. I, my heirs or legal representatives covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
• I shall defend, indemnify, and hold harmless the Company against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, c osts, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by/awarded against indemnified party, arising out or resulting from any claim of a third party related to the Activity.
This Agreement is the entire agreement between the Company and me with respect to the Activity and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid or unenforceable, such invalidity, or unenforceability shall not affect any other term of this Agreement or invalidate or render unenforceable such term in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Wake County, North Carolina and I hereby consent to exclusive jurisdiction of such courts.
If you have any questions about this Waiver, please contact us.
Last updated: November 24, 2018