Online Fitness Waiver
You have enrolled in and/or are participating in an online health and fitness program offered by Tara MacDonald Fit Club Incorporated, doing business as “Tara C MacDonald Inc” (“Fit Club” and “Spark”), which may include, without limitation, physical exercise, participation in online workouts, health and fitness presentations, food, nutrition and dieting information and advices, and general health and wellness coaching (collectively, the “Program”). The Program may be administered, taught, and conducted by one or more coaches (collectively, the “Coaches”). You acknowledge that the Coaches are independent contractors and not employees or otherwise related to the Fit Club and Spark.
You expressly agree and confirm that your participation in the Program is conditional on your acceptance of the terms outlined in this Online Fitness Waiver. You understand that you should not participate in the Program if you have any physical or health limitations. You fully understand that there are certain risks of injury in connection with the Program. By participating in the Program, you, along with your heirs, assigns and legal representatives, expressly agree as follows:
You are voluntarily participating in the Program and are participating in the Program entirely at your own risk, with such risks including, without limitation, the risk of death, bodily injury, mental stress, psychological injury, pain, suffering, disability (permanent or otherwise), or property damage. In addition, you agree that the Program does not guarantee or suggest a certain result, and any changes in routine, physical activity, lifestyle, dieting, or otherwise is your decision and at your sole risk;
You shall not commence or participate in the Program unless you know you are in the proper physical and mental condition (by, for example, obtaining advice or a physical examination from a doctor before participating in the Program) and immediately stop any exercise or use of the Program should you feel pain, dizziness or any other discomfort;
You hereby release, waive and discharge the Fit Club, Spark, Coaches and any and each of their respective owners, successors, assigns, affiliates, shareholders, officers, directors, managers, agents, attorneys, and employees, from all manner of actions and causes of actions, suits, debts, accounts, judgments, claims and demands whatsoever in law or equity (including costs and attorneys’ fees), including all claims arising out of or related to any incidents involving any and all injuries of any kind (regardless of whether such injuries are caused by the negligence, gross negligence, acts or omissions of the Fit Club, Spark, Coaches or otherwise) arising in any way by participation in the Program; and
You shall indemnify, defend and hold harmless the Fit Club, Spark, Coaches, and their respective successors, assigns, affiliates, shareholders, officers, directors, managers, agents, attorneys, and employees, from any and all claims, causes of action, damages, judgments, costs or expenses, including attorneys’ fees, arising in any way from your participation in the Program, however caused.
In addition, you understand that the Program may be hosted by a third-party website or online platform (the “Sites”) from time to time. By participating in the Program, you expressly agree to be bound by the terms of service and privacy policies associated with any and all Sites (collectively, the “Terms”), which you have expressly reviewed prior to participating in the Program. You understand that we may terminate your participation in the Program for any reason, including but not limited to any breach of the Terms, without reimbursement of any costs or fees incurred by you.
By agreeing to this Online Fitness Waiver, which shall be assumed by your participation in the Program, you agree that you have read all the above terms and fully understand this Online Fitness Waiver as well as the risks and hazards that apply to your participation in the Program. By agreeing to this Online Fitness Waiver, you realize that you are waiving certain legal rights, and you have done so voluntarily.