STEP 1: Save the Date: Saturday February 22, 2025
STEP 2: Please Fill Out This Waiver Prior to the Seminar
STEP 3: Come Prepared To Take Notes and Work Out!
THE A J LLC RELEASE AND LIABILITY WAIVER
This Release and Liability Waiver (this “Agreement”) made and entered "today's date" (“Effective Date”), by and between The A J LLC, an California limited liability company (the “Company,” “we,” or “us”), and the Customer (the “Customer,” or “you”), as set forth below. Each of Company and Customer may be referred to as “Party” or collectively as “Parties.” For purposes of this Agreement, the term “Customer” shall include the following individual listed here under Customer’s Information.
The A J LLC provides certain fitness training and activity services, including weight and other resistance training. You hereby acknowledge and understand that fitness training, whether done inside or outside, is a physical activity which comes with inherent dangers, including the risk of injury or death to participants, and damage to property. You wish to participate in our fitness training, and the execution of this Agreement is a mandatory pre-condition to your participation in our training. You hereby waive all claims and indemnify, hold harmless, and release us from all liability associated with the services pursuant to the Liability Waiver and Indemnification provisions of Section 3 of this Agreement, and agree as follows:
You hereby agree that no individual may participate in the fitness training provided by The A J LLC until and unless each and every participant has signed a Release and Waiver of Liability Agreement with us. No other third party is allowed to participate in the fitness training provided to you until and unless said third parties have signed a Release and Waiver of Liability Agreement. Failure by you to have each of the participants in the fitness training provided to you sign the Participant Release and Liability Agreement shall constitute a material breach of this Agreement. As such, you hereby agree that you will be responsible for and reimburse us for any and all damages incurred by us because of this breach, including, but not limited to, having to pay us the amounts we are obligated to pay any third-party as a result of a lawsuit, judgment or settlement awarded said third-party against us, who did not sign a Release and Waiver of Liability Agreement, and who participated in the fitness training provided to you.
No Warranty of Fitness, No Insurance Provided, and Assumption of Risk. By your initials in this Section, you hereby consent, acknowledge, and agree to the below provisions and representations. You hereby acknowledge and agree as follows:
A. The A J LLC makes no warranty of any kind, nature or description, express or implied, as to the quality and manufacture, safety, or fitness for any particular purpose of any equipment covered by this agreement. You accept any and all fitness equipment provided by us in its “as is” condition with any and all faults in the condition or quality of the equipment. You represent that the fitness equipment received and/or obtained from us is in good condition and further represent and warrant that it will be returned in the same condition, notwithstanding ordinary wear and tear.
B. You hereby acknowledge that participating in fitness training is an activity carrying risks of serious personal injury, property damage, paralysis or death. You know and acknowledge that participating in fitness training has been the cause of serious injury and death in the past, because of the risks inherent in the activity itself as well as where and how individuals participate in the activity. You hereby assume the risk of injury, damages, loss and death to both you and any other participants in the fitness training provided to you.
C. We strongly urge you and other participants to have medical insurance prior to engaging in this activity. We do not provide medical insurance and advise that serious injuries can be financially devastating. You hereby personally accept all risks and liabilities associated with the fitness training provided by The A J LLC.
D. You certify that you have adequate insurance to cover any injury or damage you may suffer or cause to others while participating in the fitness training, or that you agree to bear the costs of such injury or damage yourself. You agree you are willing to assume the risk of any medical or physical condition you may have. It has been explained to you that by executing this document you are giving up important legal rights. It is your further intention to give up those rights and in good faith to relieve and release The A J LLC from any duty legally owed to you in relation to the conduct of this activity and the services.
LIABILITY WAIVER, RELEASE AND INDEMNIFICATION. (Please read carefully as you will be giving up your rights to assert any claims against us for damages that arise from the services provided by The A J LLC. By your initials in this Section, you hereby consent and agree to the following provisions:
A. YOU HEREBY ASSUME THE RISK OF PARTICIPATING IN THE FITNESS TRAINING PROVIDED BY THE A J LLC TO YOU. YOU ARE AWARE OF THE RISKS INHERENT IN PARTICIPATING IN FITNESS TRAINING. YOU FURTHER RECOGNIZE AND ACKNOWLEDGE THAT THERE ARE CERTAIN RISKS OF PHYSICAL INJURY OR DEATH TO FITNESS TRAINING PARTICIPANTS, AND YOU VOLUNTARILY AGREE TO ASSUME THE FULL RISK OF ANY INJURIES, DAMAGES, DEATH OR LOSS, REGARDLESS OF SEVERITY, THAT YOU OR OTHER PARTICIPANTS MAY SUSTAIN AS A RESULT OF PARTICIPATING IN THE FITNESS TRAINING PROVIDED BY THE A J LLC TO YOU, INCLUDING, BUT NOT LIMITED TO, INJURIES, DAMAGES, DEATH, AND LOSS ARISING OUT OF OPERATION OR SUPERVISION OF THE EQUIPMENT PROVIDED BY US IN CONJUNCTION WITH THE SERVICES. YOU ALSO UNDERSTAND AND AGREE THAT PARTICIPATION IN FITNESS TRAINING BEARS AN INHERENT RISK OF DAMAGE TO PROPERTY, AND YOU AGREE THAT THE A J LLC SHALL HAVE NO RESPONSIBILITY FOR LOSS, THEFT, OR DAMAGE TO ANY PROPERTY RESULTING FROM YOUR PARTICIPATION IN THE SERVICES, AND YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY SUCH DAMAGE.
B. YOU HEREBY RELEASE AND FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD THE A J LLC HARMLESS, AND ALL OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, AND THEIR AND OUR HEIRS, ASSIGNS, EXECUTORS, AND ADMINISTRATORS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ALL LIABILITY, ACTIONS, CAUSES OF ACTION, CLAIMS, AND DEMANDS WHATSOEVER, WHETHER OR NOT WELL FOUNDED IN FACT OR LAW, ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, THAT OCCURS AS A RESULT OF YOUR PARTICIPATION IN THE FITNESS TRAINING WE PROVIDE YOU, WHETHER SUCH LOSS, DAMAGE, OR INJURY IS CAUSED BY YOUR NEGLIGENCE OR RECKLESSNESS, THE NEGLIGENCE OR RECKLESSNESS OF THE RELEASED PARTIES OR ANY OF THEIR AGENTS, THE NEGLIGENCE OR RECKLESSNESS OF A THIRD-PARTY, OR ANY OTHER CAUSE. FURTHERMORE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES AGAINST THEM RELATED TO YOUR PARTICIPATION IN THE FITNESS TRAINING PROVIDED BY THE A J LLC TO YOU.
C. IN ADDITION, IF ANY LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, OCCURS TO OR RELATED TO YOU, AND THE RELEASED PARTIES ARE SUBSEQUENTLY SUBJECT TO ANY CLAIMS OR ALLEGATIONS, WHETHER THEY PROCEED TO A FINAL DECISION MAKER OR NOT, BY YOU OR ANY OTHER INDIVIDUAL WHO CAN BRING CLAIMS FOR AND ON BEHALF OF YOU, OR BY ANY THIRD PARTY, YOU AGREE TO INDEMNIFY THE RELEASED PARTIES FROM ANY AND ALL DAMAGES INCURRED, INCLUDING SIMULTANEOUS PAYMENT OF ATTORNEYS’ FEES AND COSTS INCURRED BY RELEASED PARTIES AS THEY ARE INCURRED.
Model Release. You agree that, as part of The A J LLC providing the services, we may capture your image via photographic, audiovisual, or other means. You hereby release and forever discharge The A J LLC from any and all claims you may have to any images, videos, or other recordings of yourself which we obtain during the services. You also hereby convey and grant to The A J LLC all right, title and interest in any such images, videos, or other recordings, and agree that we may use them in our sole and absolute discretion.
Miscellaneous.
MEDIA WAIVER: By participating in any activity, event, seminar or program hosted, sponsored, or attended by THE A J LLC, you hereby grant THE A J LLC, its representatives, employees, agents, and assigns the irrevocable, worldwide, and perpetual right to photograph, record, and use your image, likeness, voice, and/or video (collectively referred to as the "Content") in any form or medium, including but not limited to social media platforms, promotional materials, advertisements, and other marketing purposes, without compensation or further consent. You acknowledge and agree that THE A J LLC may use such Content in any manner it deems appropriate, now and in the future, without limitation. If you are an adult, you affirm that you are of legal age and have the full capacity to provide consent to this agreement. If you are a minor, your parent or legal guardian, by consenting to this agreement, acknowledges and agrees to provide consent on your behalf and assumes all rights and obligations contained herein. You further waive any rights to payment, royalties, or any form of compensation for the use of your Content and agree to hold harmless and indemnify THE A J LLC from any and all claims, demands, actions, or liabilities arising out of or related to the use of the Content.
A. Attorneys’ Fees. If any proceeding or action is brought to recover any amount due under this Agreement, or to enforce or interpret any of the terms of this Agreement, the prevailing Party is entitled to recover reasonable attorneys’ fees, including costs and attorneys’ fees for appeal.
B. Governing Law. This Agreement is governed in all respects by the laws of the State of California without giving effect to the conflict of laws rules. The parties agree that any and all actions to interpret or enforce the provisions of this Agreement shall be brought in the courts of the State of California or the Federal District Courts located in [insert county], California.
C. Authority. Each party has full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each has been properly authorized and empowered to enter into this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the date first above written. By signing this Agreement, Customer hereby acknowledges that Customer has read this Agreement including its waivers and indemnifications, and hereby waives all risks and liability related to the services and agrees to indemnify, hold harmless, and release The A J LLC from all liability associated with the services pursuant to the Liability Waiver and Indemnification provisions of Section 3 of this Agreement.
By signing, you confirm that you are at least 18 years of age. If you are under the age of 18, this document is being executed by your parent or legal guardian, who has the legal authority to do so on your behalf. By signing, the parent or legal guardian acknowledges their consent to your participation in the activities outlined in this agreement and assumes full responsibility for any and all legal and financial obligations related to your participation.