By signing below, the participant (“you” and “your”) named abovemakes the following representations:
(1) you understand that you are participating in the scientifically designed exercise-based health and wellness program focusing on walking and running (the “Program”) offered by SweatStep, LLC and/or one of its independently owned and operated franchised locations (“SweatStep);
(2) you are at least 17 years old and in good physical and mental health to participate in the Program;
(3) you understand that the Program may require intense physical exertion, and you represent and warrant that you are physically fit enough to participate and have no medical condition which would prevent full participation in the Program;
(4) you recognize that the Program may cause or aggravate a physical injury or medical condition;
(5) you understand that it is your responsibility to consult with a physician before your participation in the Program and, if you have done so, you have taken the physician’s advice;
(6) you understand that SweatStep reserves the right to refuse your participation in the Program on medical, fitness or any other grounds;
(7) you are aware that your participation in the Program could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries;
(8) you understand that you could experience muscle, back, neck and other injuries as a result of your participation in the Program;
(9) you understand your physical limitations and you are sufficiently self-aware to stop or modify your participation in any physical activity before you become injured or aggravate a pre-existing injury;
(10) you understand that SweatStep franchisees and employees are not medically licensed to and have no special expertise in diagnosing, examining, training or otherwise assisting with any medical condition or effect of participating in the Program; and
(11) you will cease activity and advise SweatStep of any medical issues that arise during the training session.
In consideration of being permitted to participate in the Program, you agree to assume full responsibility for any risks, injuries or damages, known or unknown, which you might incur as a result of participating in the Program, including those which may result from your own active or passive negligence or the active or passive negligence of SweatStep. In further consideration of being permitted to participate in the Program, you knowingly, voluntarily and expressly waive any “Claim” (as defined below) I may have against SweatStep, LLC, its franchisees, its teachers, instructors and/or independent contractors (“Released Party”) that you may sustain as a result of participating in the Program even if the Claim arises from the negligence of Released Party or anyone else. By signing below, you agree to indemnify and hold harmless Released Party from any loss, cost, or liability incurred in defending any Claim either made by you, or anyone making a Claim on your behalf, even if the Claim is alleged to or did result from the negligence of Released Party, its teachers, instructors or any of its independent contractors. “Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that you may suffer, your spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in the Program. You, your heirs or legal representatives forever release, waive, discharge and covenant not to sue Released Party for any Claim caused by any negligence or other acts of Released Party.You authorize SweatStep to secure emergency medical care and transport if SweatStep deems it necessary.
You understand that SweatStep, from time to time, may photograph, video, or otherwise record you while engaging in the Program and place such photographs and videos on its Website and Social media platforms. You hereby consent to the use of your image that may appear in any such photograph or video. You understand that trained SweatStep instructors will teach you a unique, proprietary workout formula. In exchange for being taught the proprietary methods that make up the Program, you agree that you will not use the Program, or its formula, for commercial purposes outside of a SweatStep location except for your personal workouts.
This agreement shall be construed in accordance with, and governed by, the laws of the State of Florida and that all actions, suits, claims and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in Florida. In case any provision of this agreement shall be held invalid, illegal or unenforceable, it shall not affect any other provision of this agreement and this agreement shall be construed as if such provision had never been contained herein. You acknowledge that you have carefully read this agreement and fully understand its contents. You voluntarily and knowingly agree to the terms and conditions stated herein. You are aware that by signing this agreement, you are giving up substantial rights, including your right to sue and certain legal rights your heirs, next of kin, executors, administrators and assigns may have against any Released Party.
