Balanced Body, Inc.
Waiver and Release of Liability
(Events/Conferences)
Balanced Body, Inc.
Waiver and Release of Liability
(Events/Conferences)
- The person (“Participant”) entering into this Waiver and Release of Liability with Balanced Body Inc. (“BBI”) desires to attend and participate in a BBI proprietary Events and continuing education programs or activities regarding movement modalities (“Events”). Participant agrees that his or her participation in the Events, whether in person or virtually, and including, but not limited to engaging in physical activity and exercise associated with the Events, or utilizing equipment, instruction, services, facilities, and premises that are part of the Events, is voluntary and entirely at Participant’s own risk.
- Participant understands that participation in the Events, whether in person or virtually, may result in serious injuries and property damage and that Participant is responsible for his or her safety and actions while attending and participating in the Events and agrees to comply with all of the policies and rules of the Events, including but not limited to all policies, guidelines, signage, and instructions. Participant, individually and on behalf of his or her, spouse and other family members, estate, heirs, executors, administrators, assigns, and personal representatives, completely, forever and unconditionally releases BBI, its officers, directors, agents, employees and affiliates, whether providing or participating in the Events from any and all liability, claims, demands, actions, and causes of action whatsoever, and forever covenants not to sue, for injury, death or any loss or damage whatsoever (including, without limitation, damage to person or property) arising, directly or indirectly from or related to the Events, participating in any activity while in, on or around the Events and/or from or related to use of any facilities, tools, equipment, or materials in connection with the Events, and whether or not caused in whole or in part by any intentional or negligent act or omission of BBI or its officers, directors, agents, employees and affiliates.
- Participant has read the foregoing waiver of liability, understands it and signs it voluntarily. Participant is sufficiently informed about the risks involved in the Events to decide whether to sign this document; and agrees that no oral representations, statements or inducements, apart from the foregoing written agreement, have been made; Participant is at least eighteen (18) years of age (or if Participant is under 18, Participant’s parent or legal guardian has executed this Waiver on behalf of Participant. PARTICIPANT AGREES THAT THIS WAIVER AND RELEASE OF LIABILITY IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY LAW, AND THAT IF ANY PORTIONS OF THIS WAIVER AND RELEASE OF LIABILITY ARE FOUND INVALID FOR ANY REASON, IT IS AGREED THAT THE BALANCE SHALL CONTINUE IN FULL LEGAL FORCE AND EFFECT. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, PARTICIPANT WAIVES ALL LAWS RESTRICTING THE SCOPE OF WAIVERS, INCLUDING CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “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.”
- Participant agrees to defend, indemnify and hold harmless BBI, its officers, directors, agents, employees and affiliates, from and against any and all claims, demands, causes of action, losses or liabilities directly or indirectly arising from Participant’s presence or participation at the Event, specifically including any by Participant or his or her heirs, representatives, executors, administrators or any other persons acting on Participant’s behalf or on behalf of Participant’s estate, arising directly or indirectly in connection with Participant’s participation in the Events.
- Participant expressly authorizes the use of electronic means to enter into, and evidence, this Waiver and Release of Liability agreement. California law shall apply to any claim, action or dispute arising from the Events or under this document and any lawsuit arising hereunder shall be held in Sacramento County, California.
- Participant hereby grants BBI permission to use, reproduce and distribute Participant’s photograph, name and/or likeness in printed material, video, or via other digital forms or formats (“Pictures”) in any and all of its advertising or other promotional materials, in any and all forms of media whether now known or hereafter devised, throughout the world in perpetuity, without payment or other consideration. Participant further grants BBI permission to use any spoken statements or words, used by Participant during the course of the Event, for use in commerce and in its advertising or other promotional materials, in any and all forms of media whether now known or hereafter devised, throughout the world in perpetuity. Participant understands and agrees that all Pictures will become the property of BBI and will not be returned. Participant hereby irrevocably authorizes BBI to edit, alter, copy, exhibit, publish or distribute any and all such Pictures for such purposes. In addition, Participant waives any right to inspect or approve the finished product wherein Participant’s likeness appears. Participant waives any right to royalties or other compensation arising or related to the use of such Pictures. Participant also understands that BBI shall have no obligation to use the Pictures in any manner. Participant understands that BBI is proceeding in reliance on the terms set forth above.
This Waiver is entered into and shall remain effective as long as the undersigned participates in and or attends the Events. The venue and jurisdiction for any action concerning or relating to this Waiver and Release shall be in Sacramento County, California.