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Terms & Conditions for Fitness Classes
PRICING, PAYMENT AND CANCELLATION AGREEMENT FOR GROUP EXERCISE PROGRAM OFFERED BY WHOLISTICALLY RENEWED LLC

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1.         I acknowledge and agree that this Group Exercise Contract is not transferable or assignable to anyone other than the person who purchased and registered for it. I understand this contract and terms it presents is for the registration of classes and any other purchase of services in the future. I acknowledge that this specific contract, release of liability, consent, and agreement is continuously valid indefinitely. I understand Stacey Dicks and Wholistically Renewed LLC has the right and the authority to terminate my participation in group classes at any time if I fail to conduct myself in an appropriate manner.

 

2.          I understand that classes will begin and end promptly as scheduled. I agree to show up 5 minutes before the start of class so that class can begin on time. I acknowledge that if I am later than 5 minutes past the start time of the class, I will not be admitted, so as not to disrupt the remainder of the class that is already in session. It is my responsibility as the client to show up on time. I agree to cancel 1 hour prior to class if I cannot attend in respect for the instructor's time and schedule.

 

3.          I have read and understand the above agreement. I have been made fully aware of and agree with the attendance rules and cancellation rules as described above.

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INFORMED CONSENT, LIABILITY RELEASE WAIVER AND ASSUMPTION OF RISK FOR EXERCISE PROGRAM OFFERED BY WHOLISTICALLY RENEWED LLC

 

1.         I am voluntarily participating in a fitness and exercise program (the “Activity”) offered by Wholistically Renewed LLC (“Wholistically Renewed”).

 

2.         I am aware that physical exertion and exercise may pose serious health risks and the possibility of injury or death. I have considered the risk of injury while participating in the Activity, and as consideration for participation in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability (the “Agreement”) and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity. I understand and assume the risk of participating in the Activity.

 

3.         I hereby release and forever discharge Wholistically Renewed, its owners, affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, loss of physical capacity, economical or emotional loss that I may suffer as a direct or indirect result of my participation in the Activity, including traveling to and from an event related to the Activity.

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4.         I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Activity. I represent and warrant that I have no medical condition that would prevent my participation in the Activity. I recognize that an examination by a physician should be obtained prior to participating in the Activity. I hereby agree that I am participating in the Activity at my own risk.

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5.         I acknowledge and agree that no warranties or representation have been made to me regarding the results I will achieve from this program. I understand that results are individual and may vary.

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6.         I agree to assume full responsibility for any risks, injuries or damage known or unknown which I might incur as a result of participating in the program. Such injuries may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, or any other illness or soreness, including death.

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I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY. I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM (IF NECESSARY) AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATIONS. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.

 

7.         I hereby agree to indemnify and hold WHOLISTICALLY RENEWED LLC AND STACEY DICKS harmless against any and all claims, suits or actions of any kind whatsoever RELATED TO THE ACTIVITY for liability, STRICT LIABILITY, damages, compensation or otherwise, including negligence or gross negligence, AND mental anguish or personal injury brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf.

 

8.         I acknowledge that Wholistically Renewed LLC and its directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of the Activity.

 

9.         I acknowledge that the Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, physical injury, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participant, or equipment.  I acknowledge I am using any fitness equipment, including but not limited to: dumbbells, resistance bands and similar equipment, recommended by Wholistically Renewed, at my own risk.

 

10.       I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE. I FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE WHOLISTICALLY RENEWED AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST FOR PERSONAL INJURY OR PROPERTY DAMAGE.

 

11.       To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of its agents, and employees.

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12.       In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. I understand that Wholistically Renewed is not responsible for providing me with insurance or medical care or advice of any kind.

 

13.       In the event that any damage to equipment or facilities occurs as a result of me or my family's or assigns’ willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

 

14.       I acknowledge that my camera must be turned ON the entire class and I must be in view so that my instructor can see me for safety and legal reasons according to the state of Texas.

 

UNDERSTANDING AND REVIEW OF THE AGREEMENT:

15.       I agree the Agreement is reasonable and fair. I have fully and carefully reviewed the Agreement and have been presented with the opportunity to discuss it with legal counsel. I agree the Agreement is not overly broad or unconscionable. I comprehend and agree to be bound by the Agreement. I read and understand the English language. I am not under the influence of any substances or medications that prevent my comprehension of the Agreement.

 

GOVERNING LAW:

16.       This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Each party hereto agrees that the venue of any action arising from or attributable to this Agreement shall exclusively rest in a court having proper jurisdiction in Travis County, Texas.

 

SEVERABILITY:

17.       If a court finds that any provision of this Agreement is invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to affect the intent of the Parties.

 

ENTIRE AGREEMENT:

18.       This Agreement contains the entire agreement between the parties regarding the subject matter hereof and any transactions contemplated hereby.  This agreement supersedes all other agreements written, oral, or otherwise.

 

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