This is an important legal and binding agreement (hereinafter sometimes referred to as this “Agreement”). It explains the terms and conditions that apply, and the risks you (hereinafter “Purchaser”) are assuming, by engaging in the exercise program offered to Purchaser by Jordan Lawley Basketball (hereinafter “JLB”). It is critical that Purchaser read and understand these terms and conditions and this Agreement completely. After Purchaser has done so, please check off the appropriate box indicating your agreement to the terms and conditions, which is required to purchase the JLB exercise program. Purchaser also understands and agrees that he/she will not share the JLB exercise program with others who have not agreed to these terms and conditions.
Waiver, Informed Consent and Covenant not to Sue
Purchaser is over eighteen (18) years of age and desires to purchase and utilize the JLB exercise program, which will include, but is not limited to, floor exercises, running, jumping, aerobic exercise, weight and/or resistance training. In consideration of JLB’s agreement to sell this exercise program to Purchaser, Purchaser agrees that he/she and anyone acting on Purchaser’s behalf (including my heirs, beneficiaries, executor, administrators, successors, agents and assigns), agree to forever release and discharge and hereby hold harmless JLB and its current and former officers, directors, owners, principals, members, partners, shareholders, agents, employees, contractors, representatives, attorneys, affiliates, parents, subsidiaries, and related entities, heirs, assigns, subrogees, and successors in interest from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with Purchaser’s participation in the JLB exercise program including any injuries resulting therefrom. THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF (1) EQUIPMENT THAT MAY MALFUNCTION OR BREAK; (2) ANY SLIP, FALL OR DROPPING OF EQUIPMENT; AND (3) ANY INJURY THAT MAY OCCUR THAT IS IN ANY WAY RELATED TO OR ARISING FROM PURCHASER’S USE OF THE JLB EXERCISE PROGRAM. THIS LANGUAGE IS INTENDED TO HAVE THE BROADEST SCOPE PERMITED BY LAW.
Assumption of Risk
Purchaser recognizes that the JLB exercise program might be difficult and strenuous and that there could be dangers inherent in exercise for some individuals. Purchaser acknowledges the possibility of certain unusual physical changes during exercise exists. These changes include, but are not limited to, abnormal blood pressure; fainting; disorders in heartbeat, heart attack, stroke and, in rare instances, death.
Purchaser understands that because of his/her participation in the JLB exercise program, Purchaser could suffer an injury or physical disorder that could result in him/her becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life.
Purchaser recognizes that an examination by a physician should be obtained by him/her prior to involvement in any exercise program. If Purchaser chooses not to obtain a physician’s permission prior to beginning the JLB exercise program, Purchaser hereby agrees that he/she is doing so at his/her own risk.
Under all circumstances, Purchaser acknowledges and agrees that he/she assumes all risks associated with all activities and/or exercises in which he/she participates in connection with the JLB exercise program.
Purchaser acknowledges and agrees that no warranties or representations have been made to Purchaser regarding the results he/she may achieve from the JLB exercise program. Purchaser understand that results are individual and may vary.
This Agreement and the rights and obligations of the parties hereunder are governed by, and construed and interpreted in accordance with, the laws of the State of California, without regard to choice or conflict of laws rules. The Parties further agree that any action or legal proceeding arising out of this Agreement or the JLB exercise program shall be brought exclusively in the County of Orange, State of California.
PURCHASER ACKNOWLEDGES THAT HE/SHE HAS THOROUGHLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTANDS THAT IT IS A RELEASE OF LIABILITY. BY CHECKING OFF THE BOX BELOW, PURCHASER ACKNOWLEDGES HIS/HER AGREEMENT TO THE TERMS AND CONDITIONS OF PARTICIPATION IN THE JLB EXERCISE PROGRAM AS SET FORTH IN THIS AGREEMENT, AND PURCHASER IS WAIVING ANY RIGHT I HE/SHE OR HIS/HER HEIRS, BENEFICIARIES, EXECUTOR, ADMINISTRATORS, SUCCESSORS, AGENTS AND ASSIGNS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST JLB AND ITS CURRENT AND FORMER OFFICERS, DIRECTORS, OWNERS, PRINCIPALS, MEMBERS, PARTNERS, SHAREHOLDERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, ATTORNEYS, AFFILIATES, PARENTS, SUBSIDIARIES, AND RELATED ENTITIES, HEIRS, ASSIGNS, SUBROGEES, AND SUCCESSORS IN INTEREST FOR THEIR NEGLIGENCE OR ANY OTHER WRONGFUL CONDUCT.