This is animportantlegaland binding agreement (hereinafter sometimes referred to as this “Agreement”). Itexplains the terms and conditions that apply, and the risks you (hereinafter “Purchaser”)are assuming,byengaging in the exercise program offered to Purchaser by Jordan Lawley Basketball (hereinafter “JLB”). It is criticalthatPurchaserreadandunderstandthese terms and conditions and this Agreement completely. AfterPurchaserhasdone so,pleasecheck off the appropriate box indicating your agreement to the terms and conditions, which is required to purchase the JLB exercise program. Purchaser also understands and agrees that he/she will not share the JLB exercise program with others who have not agreed to these terms and conditions.
Waiver, Informed Consent and Coven ant not to Sue
Purchaser is over eighteen (18) years of age and desires to purchase and utilize the JLB exercise program,whichwillinclude,butis not limitedto,floor exercises, running, jumping, aerobic exercise, weightand/orresistance training. In considerationofJLB’s agreementtosell this exercise program to Purchaser,Purchaser agrees that he/she and anyone acting on Purchaser’s behalf (including my heirs, beneficiaries, executor, administrators, successors, agents and assigns), agree to foreverreleaseanddischarge and herebyhold harmless JLBandits current and former officers, directors, owners, principals, members, partners, shareholders, agents, employees, contractors, representatives, attorneys, affiliates, parents, subsidiaries, and related entities, heirs, assigns, subrogees, and successors in interest fromanyandallclaims,demands,damages,rights ofactionor causesofaction,presentorfuture,arisingoutoforconnectedwithPurchaser’s participationinthe JLB exercise program includinganyinjuries resultingtherefrom. THISWAIVERANDRELEASEOFLIABILITY INCLUDES, WITHOUTLIMITATION,INJURIESWHICHMAY OCCURASARESULTOF(1)EQUIPMENTTHATMAYMALFUNCTION OR BREAK; (2)ANYSLIP,FALLORDROPPINGOFEQUIPMENT; AND(3)ANY INJURY THATMAY OCCURTHAT IS IN ANY WAY RELATED TO OR ARISING FROM PURCHASER’S USE OF THE JLB EXERCISE PROGRAM. THIS LANGUAGE IS INTENDED TO HAVE THE BROADEST SCOPE PERMITED BY LAW.
Assumption of Risk
Purchaserrecognizesthatthe JLBexerciseprogram mightbedifficultandstrenuous andthatthere couldbe dangers inherentinexercise forsome individuals. Purchaseracknowledges thepossibilityofcertainunusualphysicalchanges duringexercise exists. Thesechanges include, but are not limited to, abnormalbloodpressure;fainting;disorders inheartbeat,heartattack, strokeand,inrare instances,death.
Purchaserunderstandsthatbecause ofhis/her participationinthe JLB exercise program,Purchaser couldsufferaninjuryorphysicaldisorderthat couldresultinhim/herbecomingpartiallyortotallydisabledandincapable ofperforminganygainfulemploymentorhavinganormalsocial life.
Purchaserrecognizesthatanexaminationbyaphysicianshouldbe obtainedbyhim/herpriorto involvementinanyexercise program. IfPurchaserchooses nottoobtainaphysician’s permissionpriorto beginningthe JLB exercise program,Purchaserherebyagrees thathe/she isdoingsoathis/herownrisk.
Under all circumstances, Purchaseracknowledgesandagrees thathe/she assumes all risks associatedwithall activities and/orexercises in whichhe/she participates in connection with the JLB exercise program.
Purchaseracknowledges andagrees thatnowarrantiesorrepresentationshave beenmade toPurchaserregardingthe results he/shemay achieve fromthe JLB exerciseprogram. Purchaser understandthatresults areindividualandmayvary.
This Agreement and the rights and obligations of the parties hereunder are governed by, and construed and interpreted in accordance with, the laws of the State of California, without regard to choice or conflict of laws rules. The Parties further agree that any action or legal proceeding arising out of this Agreement or the JLB exercise program shall be brought exclusively in the County of Orange, State of California.
PURCHASERACKNOWLEDGESTHATHE/SHEHASTHOROUGHLYREADTHISWAIVERAND RELEASEANDFULLY UNDERSTANDSTHATITISA RELEASEOFLIABILITY. BYCHECKING OFF THE BOX BELOW, PURCHASER ACKNOWLEDGES HIS/HER AGREEMENT TO THE TERMS AND CONDITIONS OF PARTICIPATION IN THE JLB EXERCISE PROGRAM AS SET FORTH IN THIS AGREEMENT, AND PURCHASER ISWAIVING ANY RIGHTIHE/SHE OR HIS/HER HEIRS, BENEFICIARIES, EXECUTOR, ADMINISTRATORS, SUCCESSORS, AGENTS AND ASSIGNS MIGHTHAVETO BRING A LEGALACTION ORASSERTACLAIM AGAINSTJLB AND ITS CURRENT AND FORMER OFFICERS, DIRECTORS, OWNERS, PRINCIPALS, MEMBERS, PARTNERS, SHAREHOLDERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, ATTORNEYS, AFFILIATES, PARENTS, SUBSIDIARIES, AND RELATED ENTITIES, HEIRS, ASSIGNS, SUBROGEES, AND SUCCESSORS IN INTERESTFOR THEIR NEGLIGENCEOR ANY OTHER WRONGFUL CONDUCT.