Release of Liability and Assumption of Risk Agreement

Last updated: September 30, 2022

In consideration of admission to participate in any way in a Your Muscle Whisperer, Get Out Of Shape LLC. Class, workshop, or other group event, in-person or online, including all related events, activities, use of room or equipment, etc… I the undersigned acknowledge, appreciate, and expressly agree as follows:

1. Participant (In-Person): Prior to participating, I will inspect the room/area to be used, and if I believe anything is unsafe, I will immediately advise a workshop employee, volunteer, or other event staff of such condition(s). I shall be entitled to refuse to participate and or withdraw from participation until the room/area is in compliance with all safety requirements.

2. I acknowledge and fully understand that each participant will be engaging in activities that involve risk of damage to personal property or serious injury, including permanent disability and death, and severe social and economic losses which might result not only from my own actions, inactions or negligence, but the actions, inactions or negligence of others, the condition of the premises, or of any equipment used. Further, there may be other risks not known or not reasonably foreseeable at the time of participation.

3. I knowingly and freely assume all responsibility for such risks, both known and unknown, even if arising from the negligence of the releasees or others, and assume full responsibility for all expenses, medical or otherwise, following any such damages, injury, permanent disability or death.

4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY, AND HOLD HARMLESS Richard Ryan Frederick Moschell, Your Muscle Whisperer, Get Out Of Shape LLC, its officers, officials, its affiliated clubs, agents and/or employees, other participants, sponsors, advertisers, and if applicable, owners and leasers of premises used to conduct the event, all of which are herein referred to as “releasees”, from any and all claims, demands, losses or damages on account of injury, including death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the releasees or otherwise.

5. Health Statement: I do further declare myself to be physically sound and suffering from NO physical disabilities or other conditions. If I do in fact have disabilities it is my responsibility to be cleared by my healthcare professional and take care of myself during said workshop.

6. Media Statement: By checking the box below, I hereby grant and convey to Richard Ryan Frederick Moschell, Your Muscle Whisperer, Get Out Of Shape LLC, all right, title and interest in and to record my name, image, voice, or statements including any and all photographic images and video or audio recordings made by Richard Ryan Frederick Moschell, Your Muscle Whisperer, Get Out Of Shape LLC.

7. Recording Policy – I acknowledge that audio or video recording of any kind is strictly prohibited in any form without written and signed consent from Richard Ryan Frederick Moschell, Your Muscle Whisperer, Get Out Of Shape LLC.

8. This waiver shall not be modified in any way. If any part of this waiver is determined to be invalid by law, all other parts of this waiver shall remain valid and enforceable.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO, AND CHECK THE BOX BELOW FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

FOR PARENTS/GUARDIANS OF PARTICIPANTS OF MINOR AGE (UNDER AGE 18 AT TIME OF REGISTRATION)

This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above all the Releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liability incidents to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law. I will also make sure that a parent, chaperone, or legal guardian will be with this minor during the workshop.

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