BOMBSHELL FITNESS RELEASE OF LIABILITY
Miscellaneous: (1) We may delay or waive enforcement of any of the provisions of this Contract, including your promise to make timely payments, without losing our right to enforce the same or any other provision later. (2) You waive the right to receive notice of any waiver or delay or presentment, demand, protest or dishonor. (3) This Contract contains all of the agreements between the parties with respect to the subject matter of this Contract and may not be assigned by you. All prior agreements and representations concerning this subject matter are superseded. (4) Should any term herein be deemed invalid or unenforceable, the remaining terms shall remain in full force and effect. (5) This Contract is made in the State of Florida and shall be governed by and construed under the laws of the State of Florida. (6) Any dispute or legal action between you and us arising out of or in connection with this Contract shall be commenced and maintained exclusively in the Circuit Court in and for Orange County, Florida (or if the Circuit Court shall not have jurisdiction over the subject matter thereof, then in such other court sitting in said county and having subject matter jurisdiction) for trial and determination by the court sitting without a jury. The parties hereby consent to the jurisdiction of such court and to the service of process outside the State of Florida pursuant to the requirements of such court in any matter so to be submitted to it, and expressly waives the right to a jury trial. Notwithstanding anything to the contrary contained in this Clause (6), the parties further consent to the enforcement of the judgment of such court in all jurisdictions (both foreign and domestic). (7) Your sole and exclusive remedy for our breach under this Contract shall be an action for monetary damages, and you irrevocably waive any right to any equitable or injunctive relief hereunder. (8) You represent and warrant to us that you are a resident of the United States, and you acknowledge that we are only willing to enter into this Contract with a resident of the United States pursuant to all contracts entered into and performed therein and applying the laws specifically of the State of Florida according to any and all contracts that are negotiated, executed, and or fully performed therein.
I hereby acknowledge and fully understand the potential dangers incidental to engaging in sports and fitness training, general exercise activities, and changes in dieting and nutrition, including Bombshell Fitness Live and Bombshell Fitness Online Coaching that take place through the Bombshell Fitness website(s), including B-Transformed, B-Competitive, Bombshell Bootcamps, B-Crowned, B-Physique, Baby-Fit, Fit-Together, Bombshell VIP Live, and Bombshell Ultimate Competitor Weekend (collectively “Bombshell Training”), and that such activities require physical effort and exertion. Moreover, I acknowledge specifically as it relates to training for competitive bikini and competitive bodybuilding, there is an increased risk related to extreme training and dieting that may result in an increased occurrence of both short- or long-term bodily harm or injury, especially for participants with pre-existing health conditions. I further acknowledge and agree that (i) I am responsible for consulting my physician or other health care provider prior to enrolling and participating in Bombshell Training to determine whether participating in Bombshell Training is appropriate for me; (ii) I will not enroll in or participate in Bombshell Training if my physician or health care provider advises against it; and (iii) if I experience faintness, dizziness, pain or shortness of breath at any time during a Bombshell Training session that I will stop immediately and contact my physician or health care provider.
I acknowledge and understand that my participation in Bombshell Training could result in my exposure to bodily injury, illness, loss, or death, as well as property losses and/or damage to property. For and in consideration of Bombshell Fitness, LLC (“Bombshell”) permitting me to locate and enroll in virtual, online, and live Bombshell Training through the Bombshell Fitness websites, including B-Connected and the instructor teaching such Bombshell Training, which may include Bombshell VIP Coaches and Bombshell VIP Master Coaches (collectively “Coach”) permitting me to enroll and participate in Bombshell Training, and in recognition of the possible dangers to which I voluntarily subject myself by participating in the Bombshell Training and related activities, I HEREBY AGREE AS FOLLOWS:
- I acknowledge and understand that my participation in Bombshell Training could result in my exposure to bodily injury, illness, loss, or death, as well as property losses and/or damage to property. For and in consideration of Bombshell Fitness, LLC (“Bombshell”) permitting me to locate and enroll in virtual Bombshell Training through the Bombshell/B-Connected websites, and the Coach teaching such Bombshell Training permitting me to enroll and participate in the Bombshell Training, and in recognition of the possible dangers to which I voluntarily subject myself by participating in the Bombshell Training and related activities, I HEREBY AGREE AS FOLLOWS:
- I hereby voluntarily for myself, my spouse, assignees, heirs, guardians or personal representatives, from the date of entry into this Waiver and Release, hold Bombshell and the Coach teaching the Bombshell Training which I enroll and participate in, as well as their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives blameless and waive any and all rights and causes of action and associated costs for any accident, injury, illness or death, occasioned by my participation in the Bombshell Training, unless caused by the negligence of Bombshell or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.
- In the event I am injured, I voluntarily agree to assume any financial obligation, either through personal health insurance, or through some other means, for any medical costs which I incur and Bombshell and the Coach teaching the Bombshell Training assume no responsibility for any medical expenses, injury, or personal damage suffered by me in connection with the use of any facilities or services in connection with the Bombshell Training, unless caused by the negligence of Bombshell or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.
- I hereby voluntarily assume all risk of damage or loss to my property while participating in the Bombshell Training and relieve Bombshell and the Coach teaching the Bombshell Training from liability for any and all property damage or loss, unless caused by the negligence of Bombshell or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians, or personal representatives.
You acknowledge and agree that by clicking on a “Sign-Up” button and signing up for an account on the Bombshell website, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE BOMBSHELL WEBSITE OR SERVICES OFFERED BY BOMBSHELL. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Your Agreement to the Terms of this Contract: Your agreement to the terms of this Contract shall be evidenced by a copy of this Contract.
