Release and Waiver of Liability Agreement IN CONSIDERATION OF the opportunity to participate in FAJARDO METHOD MOVEMENT, herein referred to as “the Program,” made available through FAJARDO METHOD MOVEMENT ONLINE, herein referred to as “the Platform,” you agree as follows:
1. That you are participating in the training, programs, exercises and events, Fajardo Method classes, and fitness classes (all included in the Program) offered by Fajardo Method Enterprises, LLC and instructed by Alicia Fajardo, or alternate instructors, during which you will receive instruction.
2. You understand it is your responsibility to consult with a physician prior to and regarding your participation in any Fitness Program. You represent and warrant that you are physically fit and have no medical condition that would prevent your full participation in the Program.
3. You understand and acknowledge that Intensity of exercise may vary with type of exercise and level of exertion performed. You understand that during movement sessions that some complications may arise. These include but are not limited to: abnormal pain, light-headedness, dizziness, fainting, abnormal heartbeats or blood pressure, heart attack and stroke. You understand and agree that it is your personal responsibility to monitor your level of exertion and stop the activity when appropriate.
4. You understand that you are engaged in online training and you acknowledge that you are not being monitored by any trainer and that there is no liability to the trainer, the Program, or Fajardo Method Enterprises if an injury is sustained.
5. You understand and acknowledge that participation in the Program may be dangerous and may involve risks which include, but are not limited to, bodily injury, partial or total disability, paralysis and death. You also understand and acknowledge that the social and economic losses or damages which can result from those risks and dangers can be severe and that not all such risks and dangers may be known or reasonably foreseeable at this time. You accept the responsibility for injuries, losses, or damages, known or unknown, resulting from all such risks and dangers involved in participation in the Program.
6. You agree to take appropriate precautions for my own health and safety when participating in the Program.
7. You HEREBY RELEASE, WAIVE, AND DISCHARGE the Platform in the conduct of the Program from all liability to Fajardo Method Enterprises, LLC and to its conservators, guardians or other legal representatives, and to its personal representatives, assigns, heirs and next of kin for any and all claims, demands, losses or damages on account of any injury, including but not limited to bodily injury, death, or damage to property, arising out of my participation in the Program.
8. YOU ALSO HEREBY AGREE TO INDEMNIFY AND TO HOLD HARMLESS Fajardo Method Enterprises, LLC from any claim or demand on account of injury or damage which you may suffer as a result of participation in the Program.
YOU HAVE READ THE ABOVE AGREEMENT OF RELEASE AND WAIVER OF LIABILITY AND UNDERSTAND THAT BY ACCEPTING THESE TERMS AND USING THE FAJARDO METHOD MOVEMENT WEBSITE, YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS.
1. Leave the meeting as soon as the movement part of the class has ended. No one will be offended. 2. Re-mute your audio once you are un-muted. 3. Turn off your video display so that your video cannot be captured on the recording. 4. If you have a question, ask the question in the chat rather than verbally on the Zoom meeting.
Please note that if you attend the live classes, you acknowledge that there is a chance your video, audio, or personally identifiable information will be captured in the video, and agree that this is permissible.
The live Question & Answer portion of class is meant to be a benefit and learning opportunity for those attending live classes. You may use this opportunity to ask questions relevant to the class topic and appropriate for group discussion. Inappropriate language, or inappropriate use of this time, is grounds for removing you from the current and future live classes, at the discretion of the instructor or Program staff. Please also be aware that others may have questions and allow others the opportunity to speak.
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Some states do not allow certain limitations on implied warranties or on damages, so some of the above exclusions may not apply to you. We do not warrant that your use of the Site, the operation of the Site, or any services offered on the Site will be uninterrupted or error free, that defects will be corrected, or that the Site is free of viruses or other harmful elements. Indemnification: You agree to defend, indemnify and hold harmless our company and its officers, directors, owners, agents, employees, affiliates, licensees and licensors from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site in violation of any of the Terms. Miscellaneous: We display this Site and the Content solely to market and promote our products and services. The Terms shall be construed according to our home sate law, without regard to its conflicts of laws provisions. Any dispute arising under or relating to the Terms, Contents, your use of the Site, or products or services purchased using the Site, shall be resolved exclusively by the state and federal courts of our companies home state. By using the Site, you consent to the jurisdiction and venue of our states courts with respect to any such dispute.
If any provision of the Terms, or any portion thereof, is found to be unenforceable, it shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the rest of the Terms shall remain in full force and effect.
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