WARNING – This Waiver and Release of Liability contains important terms and conditions that affect your legal rights and obligations. Read it carefully and do not sign it unless you are satisfied that you understand it and are willing to comply with its terms.
I voluntarily agree to participate in a fitness program proposed by Total Life Changes, LLC (“TLC”) comprised, inter alia, of engaging in physical activity and monitoring my physical activity through a heart rate monitoring device sold by MyZone at a discount offered by TLC, collectively known as “The Fitness Program”. I acknowledge that (a) TLC, its directors, officers, employees, agents, subcontractors, and partners (collectively “Affiliates”) are not acting in the capacity of a licensed physician, trainer, or other medical professional; (d) The Fitness Program is not conducted by a licensed physician or other medical professional. My participation in The Fitness Program is completely voluntary and subjects me to the possibility of physical injury, impairment to my health (which could be minimal or serious), and/or result in death (collectively, “Risks”).
I hereby acknowledge and agree that my participation in The Fitness Program involves Risks of personal injury, including those described above and below, and I assume full responsibility for such Risks. In consideration of being permitted to participate in The Fitness Program, I willingly and voluntarily agree to the following:
I HEREBY RELEASE AND HOLD TLC AND ITS AFFILIATES HARMLESS FROM ANY AND ALL LIABILITY TO ME AND MY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN FOR ANY LOSS OR DAMAGE, AND FOREVER FORFEIT ANY CLAIM OR DEMAND THEREFORE, ON ACCOUNT OF INJURY TO MY PERSON OR PROPERTY, INCLUDING INJURY LEADING TO MY DEATH, WHETHER CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF TLC, ITS AFFILIATES, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW, WHILE I AM PARTICIPATING IN THE FITNESS PROGRAM. I ALSO HEREBY AGREE TO INDEMNIFY TLC FROM ANY LOSS, LIABILITY, DAMAGE OR COST, INCLUDING REASONABLE ATTORNEY FEES, THAT TLC MAY INCUR DUE TO MY PARTICIPATION IN THE FITNESS PROGRAM OR ANYONE PARTICIPATING IN THE FITNESS PROGRAM WITH ME WHETHER CAUSED BY MY NEGLIGENCE OR OTHERWISE.
I represent (a) that I am in good physical condition and have no disability, illness, or other condition that could prevent me from participating in The Fitness Program without injury or impairment of health, and (b) that I have consulted a licensed physician concerning my participation in The Fitness Program and the potential Risks. Such Risks of injury include (but are not limited to) injuries and medical disorders arising from exercise and/or consuming dietary supplements. I further expressly agree that the foregoing waiver and release of liability is intended to be as broad and inclusive as is permitted by the law and that if any portion is held invalid, it is agreed that the balance shall continue in full force and effect.
This waiver and release of liability is governed by the laws of the State of Michigan. Any dispute arising out of or relating to this waiver and release of liability shall be submitted to and resolved by binding arbitration, by a single arbitrator in Oakland County, Michigan. All disputes raised by residents of the United States shall be resolved through the American Arbitration Association; all disputes raised by non-residents of the United States shall be resolved under the Rules of Arbitration of the International Chamber of Commerce.
I agree and acknowledge that I am under no pressure or duress to sign this waiver and release of liability, that I have been given the opportunity to review it before signing, and that I have had the opportunity to have my own attorney review this agreement prior to signing.