JZ FITNESS LIFESTYLE E-COURSE
WAIVER AND GENERAL RELEASE OF LIABILITY
In consideration of purchasing and participating in the JZ Fitness Lifestyle E-Course (the “Course”) with Jennifer Zerling LLC, dba JZ Fitness (“JZ Fitness”), I hereby agree as follows:
1. I, the undersigned, hereby certify that I am an adult over the age of 18 or the parent or legal guardian of the minor listed above (the “Minor”).
2. I am signing this Waiver and General Release of Liability (this “Release”) through accepting the admissions into the course in consideration of and as a condition precedent to JZ Fitness permitting me (or the Minor) to participate in the Course, and acknowledge that JZ Fitness would not allow the Minor to participate in the Course but for my execution of this Release. By signing this Release, I hereby agree as set forth below.
3. I acknowledge and agree that the E-course is for educational and informational purposes only and is not intended to provide a medical diagnosis, a substitute for medical advice or that of a qualified heath care professional. The Course is intended for people who desire to lose weight and/or age well. I acknowledge that viewing and participating in the Course may involve inherent risks, dangers and hazards. I understand that I may get hurt by participation in the Course, and I freely accept and fully assume all such risks and dangers and hazards including the possibility of personal injury, death, property damage or loss resulting therefrom.
4. JZ Fitness recommends that you (or the Minor) seek the advice of your physician before commencing any exercise routine. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition and before starting a new heath regimen. Never disregard professional medical advice or delay in seeking it because of something you have learned through the JZ Fitness Lifestyle E-course.
5. I acknowledge and agree that it is my sole responsibility to ensure that the Minor participates for which he/she has the necessary skill, qualifications, training and physical condition. I hereby represent and warrant to JZ Fitness that: (a) I am aware of the nature of the activities that will be involved in the Course; (b) the Minor has the necessary skills, qualification, training and physical condition to participate in the Course; (c) I have consented to the Minors’ participation in the Course; and (d) my spouse/partner and/or the Minors’ other parent, stepparents, and other legal guardians and representatives have provided their consent for the Minor to participate in the Course.
6. I, on my own behalf and on behalf of the Minor and each of our respective heirs, successors, assigns and legal representatives (collectively, the “Releasors”), knowingly and voluntarily accept and fully assume all such risks, dangers and hazards, including the possibility of bodily injury or death of myself or the Minor, property damage or other loss resulting therefrom. I, further agree, for myself and the Minor on behalf of my heirs, successors, assigns and representatives, agree to and hereby do irrevocably and unconditionally release and discharge Jennifer Zerling, LLC, LLC, its owners, employees, agents and representatives, (collectively, “Releasees”) from any and all actions, causes of action, claims, demands, liabilities, obligations, lawsuits, rights, costs and expenses whatsoever, including without limitation reasonable attorney’s fees and costs (collectively, “Claims”), of any nature whatsoever that I or the Minor or any Releasors may have in the future in any way arising out of or in connection with my and/or the Minor’s participation in the Course, including without limitation any Claims caused in whole or in part by the negligence of the Releasees.
7. I further acknowledge that I have read and understand Section 1542 of the Civil Code of the State of California, which reads as follows:
“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.”
I, for myself and on behalf of the Releasors, hereby expressly waive and relinquish all rights and benefits under Civil Code Section 1542 and any law or legal principle of similar effect. I further acknowledge that I am aware that after executing this Release, I, the Minor, the Releasors, or any our respective agents may discover claims or facts in addition to or different from those that I now know of with respect to the subject matter of this Release, but it is my intention to release all such Claims for myself and on behalf of the Minor and all other Releasors.
8. To the fullest extent permitted by law, I agree, for myself and on behalf of the Releasors, to defend, indemnify and hold harmless the Releasees from and against any and all Claims in any way arising out of or in connection with the my or the Minor’s participation in the Course or any of the activities associated therewith including without limitation any Claims arising from death, bodily injury, property damage or otherwise, irrespective of whether such Claims are caused in whole or in part of the negligence of the Releasees. I further agree, for myself and on behalf of the Releasors, that this Release is intended to be as broad and inclusive as is permitted by the laws of the State of California, and to release the Releasees from any and all Claims, including without limitation caused by the negligence or the Releasees or otherwise.
9. I hereby covenant and agree that I will not file (or ask or allow anyone to file on my behalf or on behalf of any of the Releasors), any charge, complaint, claim or lawsuit of any kind in connection with any Claim released herein. This provision shall not apply to any claims that may not be waived as a matter of law or to any non-waivable charges or non-waivable claims brought before any regulatory agency or court of competent jurisdiction.
10. I hereby agree that this Release shall be governed by, construed under and enforced in accordance with the laws of the State of California, without regard to its conflict of law provisions, and further agree that all actions or proceedings relating directly or indirectly hereto shall be litigated in courts located within the State of California, and that, at the option of JZ Fitness, the exclusive venue therefor shall be Los Angeles County. I waive any and all rights I may have to object to the jurisdiction of any such court, or to transfer or change the venue of any such action or proceeding. I further agree that: (a) if any portion of this Release is held to be invalid, then the remainder of this Release shall continue in full legal force and effect; (b) my representations, agreements, indemnity obligations, and covenants herein shall survive the end of the Course; and (c) this Release may be executed by electronic signature and may be delivered by electronic transmission, and that my electronic signature and electronic transmission thereof shall be deemed the same as an original handwritten signature for purposes of validity, admissibility and enforceability of this Release. I acknowledge that I am not relying upon any statement or representation by any person or entity released herein in evaluating or deciding whether to execute this Release. I further acknowledge that I have consulted with, or have otherwise had the opportunity to consult with, an attorney and/or other professional advisers of my choosing in connection with the advisability of executing this Release. Accordingly, I agree that this Release shall not be subject to any legal presumption that any ambiguity is to be construed against the drafter, but rather, this Release shall be interpreted solely in accordance with its objective terms.
I HAVE CAREFULLY AND COMPLETELY READ THIS RELEASE, FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT BY SIGNING UP FOR THIS COURSE, I GIVE UP SUBSTANTIAL RIGHTS FOR MYSELF AND ON BEHALF OF THE MINOR AND THE OTHER RELEASORS (INCLUDING RIGHTS THAT I, THE MINOR OR OTHER RELEASORS MAY HAVE TO RECOVER DAMAGES FOR LOSSES CAUSED BY THE NEGLIGENCE OR THE RELEASEES), AND I SIGN THIS RELEASE FREELY AND VOLUNTARILY WITHOUT UNDUE INFLUENCE AND WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE MADE TO ME, AND I INTEND THAT MY SIGNATURE BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY, FOR MYSELF AND THE MINOR AND THE OTHER RELEASORS, TO THE FULLEST EXTENT ALLOWED BY LAW.