Jessie’s Girls Experience / Jessie’s Training Camp WAIVER AND RELEASE:
1. DISCLAIMER. You should consult with your physician before attending any physical fitness event, program, or workshop provided by Jessie Fitness, Inc., to determine whether you are healthy enough to participate. The workouts and information you receive from Jessie Fitness, Inc. (including but not limited to nutrition, supplementation, training, lifestyle and mindset is not medical advice and is not intended to diagnose, treat, cure, or prevent any health problem; nor is it intended to replace the advice of your physician. You fully understand that Jessie Fitness, Inc., its owners, employees, independent contractors, volunteers, and agents (hereafter “Jessie Fitness”), are not registered dieticians, nutritionists, therapists, physicians, or personal trainers, and that all advice and instruction given to you is a personal opinion and by no means is meant to be a prescription, recommendation, diagnosis, or treatment for any medical condition of any kind.
2. REPRESENTATIONS. By agreeing to use or apply any advice or instruction and/or participate in any events, training, and activities provided by Jessie Fitness, you are representing that you have consulted with your physician or qualified health professional and are in good health and drug-free, and you are free from disability, impairment, medical condition, illness, or other health-related issue that may prevent you from safely engaging in these activities, or which poses a health risk to other participants.
3. ASSUMPTION OF THE RISK. You understand that your participation in any activity, and use of equipment, facilities, premises, and instruction provided by Jessie Fitness may involve risk. You agree that by engaging in any activity or using or applying any information or instruction that you receive through Jessie Fitness and/or entering onto the facility or premises, or using any facility or equipment for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage (both economic and non-economic), including permanent injury and death, you may suffer, whether you sustain injury while engaging in physical activity or not. This includes all injury or damage sustained whether arising out of the negligence of any person employed by, affiliated or contracted with, or agent of Jessie Fitness, whether the negligence is active or passive. By participating in the aforementioned activities, you assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Jessie Fitness or otherwise, and whether the injury or damage is related to physical activity or not.
4. RELEASE. You, on your behalf and on behalf of your heirs, legal representatives, and assigns, expressly and voluntarily forever release, discharge, indemnify, and hold harmless Jessie Fitness, Inc., and its owners, subsidiaries, affiliates, employees, instructors, agents, independent contractors, volunteers, affiliated persons or organizations, and their successors and assigns (“Releasees”) from and against any and all claims, demands, actions, liabilities, losses, damages, and expenses (including attorney fees and costs) claimed or alleged, of any kind or nature, now or hereafter existing, whether known or unknown, present or future, foreseen or unforeseen, arising out of: (i) any and all negligence of Releasees (including negligent hiring, training, and retention of Releasees, negligent inspection and maintenance, and malfunction or breaking of equipment); and (ii) your participation in and receipt of any services (including training, instruction, and supervision), or use of equipment, instruction, or facilities or premises, provided by Jessie Fitness, Inc., and Releasees, including your own negligence, acts or failures to act, or mistake. This release of liability includes but is not limited to any liability arising out of any pre-existing medical condition, allergies, and/or physical health conditions that may occur as a result of actions that you voluntarily participate in during or after any event, including the Friday and/or Saturday night social events with food and drink, provided by Jessie Fitness, Inc.
5. CONSENT. You consent to emergency medical care and transportation in order to obtain treatment in the event of injury as Jessie Fitness deems appropriate. This Assumption of the Risk, Release of All Claims, and Waiver (“Waiver and Release Agreement”) also extends to medical care or transportation in the event of an emergency.
6. INDEMNIFICATION. You agree to indemnify and hold harmless Releasees from and against any loss, damage, claim, suit, liability, demand, cost and/or expense, paid or incurred by Releasees, or asserted against any of them (including attorney fees, court costs, and disbursements) caused in whole or in part by, or arising directly or indirectly out of, your participation in any activity, or use of instruction or the equipment, facilities, or premises provided by Releasees.
7. MISCELLANEOUS PROVISIONS: GOVERNING LAW, VENUE, SURVIVABILITY, AND SEVERABILITY. You expressly agree that this Waiver and Release Agreement shall be construed, interpreted, and enforced in accordance with the laws of the State of Arizona, without regard to any conflict of law principles. You agree that the terms contained in this Waiver and Release Agreement are intended to be as broad and inclusive as permitted by the laws of the State of Arizona. You agree and consent to submit to the exclusive jurisdiction of the State of Arizona for any dispute relating to, arising out of, or made in connection with any activity, service, instruction, equipment, facility or premise, or advice provided by Jessie Fitness, Inc., or Releasees, or this Waiver and Release Agreement. The venue of any such action or proceeding shall be brought exclusively in Maricopa County. You irrevocably waive, to the fullest extent permitted by law, any objection that you may have or hereafter have to the laying of the venue of action brought in that court on the ground that the venue is an inconvenient forum. If any part of this Waiver and Release Agreement is deemed not valid for any reason, you agree that the remaining portions shall be valid and remain in full force and effect. This Waiver and Release Agreement shall survive the termination of any services provided to you by, any activity you participate in with or as a result of, or any instruction that you receive and apply from Releasees.
8. MODEL AND PROPERTY RELEASE. I hereby do give and grant Jessie Hilgenberg and Jessie Fitness, Inc. irrevocable consent to use and publish all photos and video, without limitation, including advertising and promotion, my name and picture and/or video of myself or my property, taken during the full extent of this event to publish and copyright for all marketing purposes. I hereby waive any right to inspect or approve the finished photographs, images, video and/or copy that may be used in conjunction therewith, or to the eventual use that it may be applied. I release Jessie Hilgenberg and Jessie Fitness Inc. from any financial obligation or liability concerning use of the images, video and/or related materials.
9. [SPECIFIC TO TheFitExpo]: In further consideration of being permitted to participate in the Jessie’s Girls Experience at the TheFitExpo™, I knowingly, voluntarily, and expressly waive any claim I may have against TheFitExpo™ or also referred to as TheFitExpo Los Angeles™, National Fitness Productions, LLC (DBA EFC), Evolution Fitness Conference, its sponsors or exhibitors, Creation Entertainment, The Los Angeles Convention Center, The City of Los Angeles, their service contractors and the officers, directors, and employees of all of the same from and against any and all causes of action, liabilities, losses, claims, cost, damages (including personal injuries), or expenses, including reasonable attorneys’ fees, arising out of or in connection with my participation in the program or any activity, contest or promotion held in conjunction with TheFitExpoLos Angeles™
You acknowledge that you have carefully read in full items 1-9 of this Waiver and Release Agreement and fully understand its contents. You understand that that this is a waiver and release of all liability, and an express assumption of risk and indemnity agreement. You understand and agree that you may have given up substantial rights by signing this Waiver and Release Agreement, and by doing so you are giving up your right to bring a legal action or assert a claim against Jessie Fitness, Inc., and Releasees for negligence, or for any defective product used while participating in any activity, receiving instruction, and using any facility, or premise provided by Jessie Fitness, Inc., and Releasees. You sign this Waiver and Release Agreement voluntarily, and on your own free will without any inducement.
If you are signing this Waiver and Release Agreement as a parent or guardian, you agree to the contents, and agree to be bound by, for and on behalf of yourself and your child.