Liability Waiver and Release of Claims
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE AGREEING. BY CHECKING THE BOX BELOW, YOU AGREE TO THE FOLLOWING TERMS.
I, the undersigned participant, acknowledge that I have voluntarily chosen to participate in the exercise program provided by Tessa Reyes Benz. I understand that by agreeing to this Waiver, I am waiving certain legal rights, including the right to sue Tessa Reyes Benz, and I agree to the following:
- Assumption of Risk
I understand that participating in the Program involves physical activity that may carry certain risks, including but not limited to the risk of serious injury, disability, or death. These risks may result from my own actions or inactions, the actions or inactions of others, or the condition of the premises or equipment used in TRB Membership. I understand that these risks are inherent in exercise and acknowledge that I am voluntarily participating inTRB Membership, fully aware of the risks involved.
- Waiver and Release of Liability
I, on behalf of myself, my heirs, assigns, personal representatives, and next of kin, hereby release, discharge, and agree not to sue Tessa Reyes Benz, its owners, officers, directors, employees, agents, independent contractors, trainers, and affiliates (collectively, "Released Parties") from any and all claims, actions, demands, liabilities, damages, costs, or expenses, including but not limited to personal injury, illness, death, or property damage, whether arising from the negligence of the Released Parties or otherwise, that arise out of or relate to my participation in the Program, to the fullest extent permitted by California law.
I expressly waive all rights under Section 1542 of the California Civil Code, which states:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
- Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to my participation in TRB Membership, whether caused by negligence or otherwise, including claims made by other participants or third parties as a result of my actions.
- Fitness to Participate
I certify that I am physically fit, have sufficiently prepared or trained for participation in the Program, and have not been advised by a qualified medical professional against participation in such activities. I understand that Tessa Reyes Benz has not provided any medical advice related to my participation, and I acknowledge that it is my responsibility to consult with a healthcare provider regarding my health and any physical limitations before starting the Program.
- No Medical Advice or Guarantee of Results
I understand that the TRB Membership provided by Tessa Reyes Benz does not constitute medical advice, diagnosis, or treatment. I acknowledge that individual results from exercise programs may vary and that no specific outcomes or results are guaranteed by Tessa Reyes Benz.
- Voluntary Participation
I acknowledge that my participation in TRB Membership is entirely voluntary. I may withdraw or modify my participation in any exercise or activity at any time based on my own comfort level, without penalty.
- Binding Agreement
By checking the box below, I acknowledge that I am electronically signing this waiver and that my electronic signature constitutes a binding legal agreement under California law. I further acknowledge that I have read and fully understand the terms of this waiver, and I am voluntarily agreeing to be bound by them.
- Governing Law and Jurisdiction
This waiver and any claims or disputes arising out of or relating to this waiver or my participation in the TRB Membership shall be governed by the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the state or federal courts located in Los Angeles County, California, and I hereby consent to the jurisdiction of such courts.
I HAVE READ THIS AGREEMENT, UNDERSTAND ITS TERMS, AND VOLUNTARILY AGREE TO ITS PROVISIONS.