Workshops Waiver of Liability
By hereby agree to the following:
You are participating in functional fitness classes, health programs, workshops and/or other wellness, body work, therapy, exercise, and healing arts activities (collectively, the “Activities”) offered by LIFTINGWOMEN. The Activities may be offered in a physical location or offered online by videos, television, podcasts, apps or other digital media or platforms. All such offerings, either physical or online, shall be considered “Activities.”
You recognize that you must be in good physical and mental health to participate in the Activities. You understand that the Activities may require intense physical exertion, and you represent and warrant that you are physically fit enough to participate, and you have no medical condition which would prevent your full participation in the Activities. You recognise that the Activities may cause or aggravate a physical injury or medical condition. You understand that it is your responsibility to consult with a physician before your participation in the Activities. If you have done so, you have taken the physician’s advice. You understand that LIFTINGWOMEN reserves the right to refuse your participation in any Activity on medical, fitness or any other grounds.
You are aware that your participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries. You understand that you could experience muscle, back, neck and other injuries as a result of your participation in the Activities. You understand your physical limitations and are sufficiently self-aware to stop or modify my participation in any Activity before you become injured or aggravate a pre-existing injury.
In consideration of being permitted to participate in the Activities, you agree to assume full responsibility for any risks, injuries, or damages, known or unknown, which you might incur because of participating in the Activities with LIFTINGWOMEN including those which may result from the negligence of LIFTINGWOMEN.
In further consideration of being permitted to participate in the Activities, you knowingly, voluntarily and expressly waive any “Claim” (as defined below) you may have against LIFTINGWOMEN, its owners, managers, instructors, workshop presenters, employees, independent contractors and staff (each, a “Released Party”) that you may sustain as a result of participating in the Activities with LIFTINGWOMEN even if the Claim arises from the negligence of any Released Party or anyone else. You agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending any Claim 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 any Released Party or anyone else. “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 any Activity.
You, your heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.
You hereby understand that LIFTINGWOMEN may photograph, video, or otherwise record the workshops and place such photographs and videos on its Website or social media platforms. You hereby consent to the use of your image that may appear in any such photograph or video.
This agreement shall be construed in accordance with, and governed by, the laws of Germany and that all actions, suits, claims, and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in Berlin. 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 my right to sue and certain legal rights my heirs, next of kin, executors, administrators, and assigns may have against any Released Party.