By Purchasing The Corset and The Coat eCourse you are signing this ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
DECLARATIONS: This Agreement is entered into between Body Options LLC dba Kathleen Pagnini and the “Client” who purchases the online The Corset and The Coat eCourse. The provision of personal training services by Body Options LLC dba Kathleen Pagnini to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises or from The Corset and The Coat Video eCourse Series, for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided or suggested to you by Body Options LLC dba Kathleen Pagnini or otherwise, including injuries or damages arising out of the negligence of Body Options LLC dba Kathleen Pagnini, whether active or passive, or any of Body Options LLC or Kathleen Pagnini affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Body Options LLC dba Kathleen Pagnini or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Body Options DBA Kathleen Pagnini and all entities, affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Body Options LLC db Kathleen Pagnini, whether active or passive, or any of Body Options LLC dba Kathleen Pagnini or Kathleen Pagnini’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Body Options LLC dba Kathleen Pagnini from any loss, liability, damage, or cost to Body Options LLC dba Kathleen Pagnini that may incur due to the provision of personal training by Body Options LLC dba Kathleen Pagnini to you.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Body Options LLC dba Kathleen Pagnini offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Body Options LLC is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Body Options LLC. You acknowledge and agree that Body Options LLC does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts.
You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Kathleen Pagnini or her entities..for negligence, or for any defective product used while receiving personal training from Body Options LLC dba Kathleen Pagnini.
By Purchasing the online The Online Corset and The Coat eCourse you have read and voluntarily ‘signed the waiver’ and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.