Liability Release Policy

August 8, 2024

 

IN CONSIDERATION OF the risk of injury that exists while participating in personal training, group training, online fitness classes, workout programs, and nutritional counseling provided by Motivated by Movement LLC (“Motivated by Movement”) (hereinafter, the "Activities");

In consideration of my desire to participate in said Activities and being given the right to participate in same;

I HEREBY, as a Participant in the Activities, for myself and my heirs, executors, administrators, assigns, and personal representatives (hereinafter, collectively, "Releasor," "I," or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY (“Release”) and hereby waive any and all rights, claims, or causes of action of any kind arising out of my participation in the Activities; and

I HEREBY release and forever discharge Motivated by Movement and their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively, "Releasees") from liability for any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activities.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITIES AND I AM PARTICIPATING IN THE ACTIVITIES ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THE ACTIVITIES, WHICH MAY INCLUDE BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITIES, OR FROM CONDITIONS AT THE ACTIVITIES’ LOCATION(S). I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THESE ACTIVITIES.

I FURTHER AGREE to indemnify, defend, and hold harmless the Releasees against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts, or failures to act of any party or entity conducting a specific event or Activities on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Motivated By Movement to provide all emergency medical care deemed necessary, including but not limited to first aid, cardiopulmonary resuscitation (CPR), the use of an automated external defibrillator (AED), emergency medical transport, sharing of medical information with medical personnel, and contacting my emergency contact on file. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I FURTHER ACKNOWLEDGE that these Activities may involve a test of a person's physical and mental limits and may carry with them the potential for death, serious injury, or property loss. I agree to not participate in the Activities unless I am medically able and properly trained to do so, and I agree to abide by the decision of the Motivated By Movement official or agent, regarding my approval to participate in the Activities.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE MOTIVATED BY MOVEMENT AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION, AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST MOTIVATED BY MOVEMENT FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statutes or case law do not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Motivated By Movement, its agents, and its employees and owners.

I agree that this Release shall be governed for all purposes by Washington law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.

In the event that any damage to Motivated By Movement equipment or facilities occurs as a result of my, my family's, or my agent's willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.

THIS RELEASE SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITIES.

THIS RELEASE was entered into at arm's-length, without duress or coercion. I agree that this Release is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this Release, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release shall be deemed to be severable or invalid, or if any term, condition, phrase, or portion of this Release shall be determined to be unlawful or otherwise unenforceable, the remainder of this Release shall remain in full force and effect. If a court of competent jurisdiction should find that any provision of this Release to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited.


I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS RELEASE. I CERTIFY THAT I HAVE READ THIS RELEASE, THAT I FULLY UNDERSTAND ITS CONTENTS, AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.

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How to Contact Us: If you have any questions or concerns regarding this Liability Release Policy as it relates to our business, please feel free to contact us at info@motivatedbymovement.com.

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