Exercise Program Informed Consent and Release Agreement
BY ACCEPTING BELOW, YOU AGREE TO THE FOLLOWING TERMS.
Gyroscope Innovations, Inc. (“Gyroscope”) is facilitating and offering one or more online exercise, meditation, breathwork, and/or other health or wellness classes (collectively, the “Exercise Program”). As a condition of my participation in the Exercise Program, I hereby voluntarily enter into this Exercise Program Informed Consent and Release Agreement (the “Agreement”) with Gyroscope.
Participation in the Exercise Program by individuals under 18 years of age is strictly prohibited. I hereby represent and warrant that I am at least 18 years of age and that I am legally capable of forming a binding contract with Gyroscope.
I understand that the Exercise or Meditation Programs may be strenuous and may require me to do bodily, mental, emotional, or other physical movement that I am not familiar with in order to improve overall fitness. I know that there may be risks associated with the Exercise Program and I assume full responsibility for any risks, injuries or damage, known or unknown, which I might incur as a result of participating in the Exercise Program, including, but not limited to, dizziness, headaches, heart attacks, muscle strains, muscle pulls, muscle, ligament or tendon tears, broken bones, shin splints, heat prostration, injuries to back, neck, knee, leg, foot, arm, hand or other body part, or any other injury, illness or soreness, including death.
I understand that I am responsible for monitoring my own safety, health and medical condition(s) while participating in the Exercise Program and, to the extent I deem advisable, I will consult with a physician before participating in the Exercise Program. Should any unusual or concerning symptoms occur while I am participating in the Exercise Program, I will immediately stop until such symptoms have resolved or I have sought appropriate medical consultation.
I make the representations and acknowledgements in this Agreement to Gyroscope with the full understanding that Gyroscope is relying on these representations.
WAIVER / RELEASE OF LIABILITY
In consideration for being allowed to participate in the Exercise Program, which I do freely and voluntarily for my own personal benefit, I hereby take the following action for myself, my executors, administrators, heirs, next of kin, successors and assigns:
1. I hereby voluntarily release, waive, discharge, relinquish, and covenant not to sue Gyroscope, its related companies, predecessors, successors, assigns, directors, officers, employees, agents and/or representatives, contractors or instructors (collectively, the “Releasees”) for any and all claims, causes of action, or liability for my personal injury, sickness and/or disease, property damage or wrongful death, caused by the negligence of the Releasees or otherwise, relating to or arising out of the Exercise Program or my participation in the Exercise Program.
2. I hereby agree to indemnify and hold harmless the Releasees from any and all liabilities or claims made by third parties (including individuals or entities) resulting or arising from my acts or omissions during or relating to my participation in the Exercise Program.
This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of laws principles. Any disputes arising out of or relating to this Agreement shall be adjudicated in the state and federal courts of Delaware. If any provision of this Agreement is declared illegal or unenforceable by any court of competent jurisdiction (or other applicable governing body or agency) and cannot be modified to be enforceable (with such modification as shall be necessary to make it enforceable to the fullest extent permissible under law), such provision shall immediately become null and void leaving the remainder of this Agreement in full force and effect. The failure by Gyroscope to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. A signed copy (including via electronic signature) of this Agreement or acceptance of the terms of this Agreement transmitted by email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.
By accepting below, I affirm that I have read, accept and understand this Agreement in its entirety. I fully understand that by signing this Agreement, I am waiving certain rights. Therefore, I, intending to be bound and as a condition of being allowed to participate in the Exercise Program, have freely accepted this Agreement.