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Liability Waiver

ATLAS NUTRITION HOLDINGS, LLC
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

 

This Agreement is entered into between ATLAS NUTRITION HOLDINGS, LLC (“Trainer”) and the undersigned (“Client” or “you”). Trainer provides custom-designed fitness and nutrition programs for people who want to lose weight, build muscle, prepare for body-building competitions, or reach other fitness and health goals. Trainer does not provide workout facilities for Client’s use.

CANCELLATION & NOTIFICATION: *Monthly subscription Clientele ONLY* You agree that per our Trainer, or Trainer’s policy that such desire of discontinuation of services through means of; cancellation, pause or active hold that you must formally notify an ATLAS NUTRITION HOLDINGS, LLC representative prior to 14-days prior to your next withdrawal date, or signup date. Per the activity of Client ‘skipped payments’ you hereby have given the right of reactivation and proper collection of such monthly service fees if this notification policy is not formally met within the official agreement timeline.
REFUNDS: NO refunds are, will, or shall be given, under no conditions and, or circumstances
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer. Trainer does not conduct a health exam nor is Trainer qualified to give you an opinion as to your health status.  Therefore, you are encouraged to consult with your doctor regarding your overall health goals and whether you are healthy enough to achieve your goals through the fitness and nutrition programs provided by Trainer. You assume the risk of your participation in any physical activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result.

RELEASE: You, on behalf of yourself and your personal representatives, heirs, executors, administrators, agents, and assigns, hereby and forever release, acquit and discharge Trainer, Trainer’s affiliates, related entities, employees, agents, representatives, successors, and their present and former managers, members, officers, directors, shareholders, employees, attorneys, and agents, from any and all claims, causes of action, damages, losses, liabilities, and demands whatsoever based upon or arising out of any act or omission of the Trainer in connection with services rendered to you by Trainer.

Parent, or Guardian acceptance and agreement to terms if under 18 years of age, I represent that I have legal capacity and authorize to on behalf of the minor named above.

MARKETING RELEASE: I hereby give consent to ATLAS NUTRITION HOLDINGS, LLC to professionally and actively market items of but not limited to; transformational or check-in images, miscellaneous submission of images in the form of photographs, videos, or any alternate form of media. These properties, or submissions will be received, used for such purposes of promotional marketing to represent, resemble such services; offered, rendered, accepted, performed by Trainer, or Trainer’s.  Upon execution of this agreement the use will remain within ATLAS NUTRITION HOLDINGS, LLC owned, operated; assets, properties, any intellectual property in nature, displayed within medias of, but not limited to; branded website or websites, social media platforms, currently existing and future platforms of similar origin. Per the agreement; I do not expect, nor accept any forms or means of, but not limited to, financial compensation or similar, unless such agreement is made formal in acceptance and terms, separate and amend, or separate in entirety, to alternate terms made between the Trainer and Client.

INDEMNIFICATION: By execution of this Agreement, you indemnify and hold harmless Trainer from and against all claims and losses, including reasonable attorneys’ fees, incurred by Trainer in defending against any claim asserted against Trainer based on Trainer’s personal training services provided to you.

ACKNOWLEDGMENTS: You agree that this Agreement is intended to be as broad and inclusive as permitted by the law in the State of Colorado and that if any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Trainer offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer. You acknowledge that Trainer does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this Agreement and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware that by executing this Agreement, you are giving up your right to bring a legal action or assert a claim against trainer for trainer’s negligence, or for any defective product used while receiving personal training from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written Agreement have been made.

GOVERNING LAW. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado.