ACTIVE WELLNESS APP

Active Wellness provides this application and its programs (together, the “App”) as an example of general health and fitness programs. This program may or may not be appropriate for you and your circumstances, and you understand that you use this program at your own risk. Because we cannot be there with you in person, we cannot provide any assessment of your specific situation or your level of fitness.

 

By using the App you acknowledge and agree that you accept all responsibility and risk for using any Active Wellness exercise and/or fitness program and you release Active Wellness LLC and its employees, officers, agents, and clients (together, the “Active Wellness Parties”) from any liability. As always, it is your obligation to consult your physician before beginning any exercise program.

In consideration of being permitted to use the App, you, on behalf of yourself, your guests, children, heirs, executors, administrators, successors and assigns, hereby:
 

1. Acknowledge, understand and appreciate that participation in exercise programs, including your use of the App, entails significant risks, both known and unknown, including, without limitation, the possibility of physical or emotional injury, paralysis, death, other serious or catastrophic personal injuries, and loss or damage to personal property.
2. Expressly agree and promise to accept and assume all the risks, both known or unknown, that may arise as a result of your use of the App, whether such risks are caused or alleged to be caused by the negligent (actively or passively) acts or omissions of Active. You acknowledge and agree that you are solely responsible for your safety and use of the App.
3. Expressly and voluntarily release and forever discharge the Active Wellness Parties from any and all claims, demands, causes of action or liability for any loss, damages, injuries or death that you may suffer as a result of your use of the App, whether the same arises out of or results from any act, omission or conduct of the Active Wellness Parties, negligent (actively or passively) or otherwise.
4. Expressly agree to hold harmless, indemnify and defend the Active Wellness Parties (with attorneys of the Active Wellness Parties’ choice) from any and all claims, demands, causes of action, or liability for any loss, damages, injuries or death suffered by any other person in connection with your use of the App, whether the same arises out of or results from any act, omission or conduct of the Active Wellness Parties, negligent (actively or passively) or otherwise. The agreement by your to hold harmless, indemnify and defend Active is immediate upon the assertion of any claims, demands, causes of action or liability by any other person and is not contingent or dependent upon a finding that your actions caused the loss, damages, injuries or death claimed. The agreement by you to hold harmless, indemnify and defend the Active Wellness Parties includes all consequential damages incurred by the Active Wellness Parties, or which otherwise would be incurred by the Active Wellness Parties absent this agreement, including, but not limited to, all attorney’s fees and costs, court and litigation costs, experts fees and costs, arbitrator fees and costs, mediator fees and costs, payment of any judgment, verdict, award or settlement on behalf of the Active Wellness Parties, and any other damages incurred by the Active Wellness Parties not included in the preceding list which arise as a direct or indirect consequence of the claims, demands, causes of action or liability asserted by any other person.
5. ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS AGREEMENT AND ARE AWARE THAT IT CONTAINS A WAIVER AND RELEASE OF LIABILITY AND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE OR HOLD THE ACTIVE WELLNESS PARTIES RESPONSIBLE FOR ANY INJURY WHICH YOU MAY SUFFER. YOU AGREE TO THESE TERMS OF YOUR OWN FREE WILL AND INTEND FOR YOUR SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.