Waiver
Fitness and/or Nutrition Program Waiver and Liability Release Form By purchasing a program from Cole Winarick or its affiliate you are agreeing to the below:
PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING BELOW, YOU ARE WAIVING CERTAIN LEGAL RIGHTS.
1. Assumption of Risk: I understand and acknowledge that participation in any fitness program, whether in person or online, involves inherent risks, including, but not limited to, physical injury, illness, or death. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me as a result of participating in the fitness programs provided by Cole Winarick or its affiliate.
2. Medical Clearance: I hereby confirm that I have consulted with a physician or other healthcare professional before starting this fitness program to ensure that I am in good health and able to participate in such activities. I agree to immediately cease participation and consult a healthcare provider if I experience any pain, discomfort, or other health concerns.
3. Release of Liability: In consideration for being allowed to participate in the fitness programs provided by Cole Winarick or its affiliate, I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby release, waive, discharge, and covenant not to sue Cole Winarick or its affiliate, its owners, employees, agents, and affiliates from any and all liability, claims, demands, actions, or causes of action, including but not limited to, any injury, illness, or death, and any loss or damage to personal property, arising out of or connected with my participation in the fitness programs.
4. Indemnification: I agree to indemnify, defend, and hold harmless Cole Winarick or its affiliate, its owners, employees, agents, and affiliates from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to my participation in the fitness programs.
5. No Guarantee: I understand that Cole Winarick or its affiliate, makes no guarantees, representations, or warranties, express or implied, regarding the results or outcomes I may achieve from participating in the fitness programs. I acknowledge that my success depends on my effort, dedication, and adherence to the program guidelines.
6. Confidentiality and Intellectual Property: I agree not to share, distribute, or reproduce any materials provided to me as part of the fitness program without the express written consent of Cole Winarick or its affiliate. I acknowledge that all program materials are the intellectual property of Cole Winarick or its affiliate and are protected by copyright laws.
7. Governing Law: This Waiver and Liability Release Form shall be governed by and construed in accordance with the laws of California, United States of America, without regard to its conflict of laws principles.
8. Severability: If any term or provision of this Waiver and Liability Release Form is held to be invalid or unenforceable, the remaining terms and provisions shall remain in full force and effect.