1. ELEVATE Your WELLNESS WAIVER & RELEASE

In consideration of you and any and all of your guests and participating family members being permitted by Elevate your Wellness to which you gain access through the use of the Services for the purpose of engaging and/or participating in any workout, physical exercise, group, or individual fitness or fitness-related activity, including but not limited to (a) participating in various sports, coordination events, general fitness training, classes, programs, personal training or instruction (including without limitation VPTs) and any and all related activities and events (“Workout Activities”), you agree to the following:

• You understand and agree that you are voluntarily participating in Workout Activities and assuming any and all risks that may result from participating in Workout Activities and any related activities (such as ingesting supplements or fitness-related consumables), including but not limited to illness (including without limitation illness arising from infectious diseases, such as COVID-19), death, serious bodily injury, permanent disability, paralysis, pain, suffering and/or similar or related conditions (collectively, “Harm”). This Waiver and Release of Liability includes, without limitation, all Harm that may occur as a result of:
  • Participation in any Workout Activity;
  • Equipment or amenity malfunction;
  • Negligent use of equipment or amenities by you, any other person participating in services;
  • Any instruction, training, supervision, or dietary recommendations; or
  • Your slipping, falling or suffering other physical harm in the case of any VPTs. You acknowledge and agree to assume all risks of Harm.
• You understand and agree that neither Elevate Your Wellness shall be required to make any effort or take any action, to protect you from any and all risks of Harm described in this Waiver and Release of Liability.
• You represent and warrant to Elevate Your Wellness that you are in good health and in sufficient physical condition to engage in the Workout Activities. You acknowledge and agree that your participation in Workout Activities, including without limitation at any sponsored event, is entirely at your own risk.
• You should consult a physician prior to participating in the Workout Activities and/or undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in Workout Activities.
• Elevate Your Wellness is not responsible for any property damage or loss of personal property in the case of VPTs.

You acknowledge and understand that if any portion of this Waiver and Release of Liability shall be deemed by a court of competent jurisdiction to be invalid, then the remainder of this Waiver and Release of Liability shall remain in full force and effect and the offending provision or provisions severed from the valid portions.

YOU HEREBY WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS OR RIGHTS THAT YOU MAY OTHERWISE HAVE TO SUE ELEVATE YOUR WELLNESS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OWNERS, OFFICERS, AGENTS, FRANCHISORS, REPRESENTATIVES, STOCKHOLDERS, AND/OR AFFILIATES FOR ANY INJURY, INCLUDING ANY INJURY ARISING FROM THE NEGLIGENCE OF THE ELEVATE YOUR WELLNESS, OR FOR ANY LOSS OF PROPERTY OR PROPERTY DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT, EVEN IF THIS WAIVER AND RELEASE OF LIABILITY IS BEING PROVIDED BY YOU, IT SHALL APPLY WITH EQUAL FORCE TO ALL SERVICES THAT YOU MAY ACCESS USING ELEVATE YOUR WELLNESS PROGRAM.

You understand that Elevate Your Wellness is not a Gym, and any Gyms you visit, or Products you purchase or use are operated and delivered by the applicable third-party provider and not by Elevate Your Wellness. Although Elevate for Wellness endeavors to offer an inventory that is of high quality, Elevate Your Wellness is not responsible for the quality of the service provided by Instructors. You understand that there are certain inherent risks and dangers in exercising and that the Instructor you may select, the VPTs in which you may participate, offer a range of activity and intensity levels. You also understand and agree that the Services offer health and fitness information that is designed for informational, educational, and entertainment purposes only. The use of any of the information provided through or by the Services is solely at your own risk.

You have read and fully understand this Waiver and Release of Liability. You understand that you have given up substantial rights by agreeing to it, understand that this release cannot be modified orally, and you are fully aware of this Waiver and Release of Liability's legal consequences as a full release of liability for Harm, loss of property and/or property damage. You hereby agree to the terms of this Waiver and Release of Liability freely and voluntarily without any inducement, assurance, or guarantee being made to you by Elevate Your Wellness or Gym and/or any person or entity on its behalf. You intend that your submission of this Waiver and Release of Liability operate as a complete and unconditional release of all liability to the maximum extent allowed by law.