BELL MECHANICS LLC
WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISKS
Please read this document carefully. By agreeing to this document, you waive important legal rights you may have.
Bell Mechanics LLC (the “Company”) is a fitness company that provides online and in-person training, instruction, program certification, and other services related to health and physical fitness (collectively, the “Services”). By checking the box below, I acknowledge that I have elected to participate in one or more of the Services offered by Company and agree to the terms and conditions of this Waiver, Release Of Liability, And Assumption Of Risks (“Release”).
I understand and agree that my participation in any of the Services is entirely voluntary, that there are other methods and practices for physical fitness in which I may participate, and that I am assuming all risks by electing participate in and make use of the Services. In consideration for the Company agreeing to provide the Services, I (“me,” “I,” or “my”) have agreed to this Release.
I WAIVE AND RELEASE THE RELEASED PARTIES FROM MY DEATH AND ANY INJURY, ILLNESS, LOSS, DAMAGE, EXPENSE, ACTION, CLAIM, AND LIABILITY ARISING OUT OF COMPANY’S PROVISION OF THE SERVICES, MY PARTICIPATION IN THE SERVICES, OR ACTIVITIES ASSOCIATED WITH THE SERVICES:
I agree to release and discharge the Company and the Company’s officers, directors, members, managers, employees, contractors, agents, affiliated entities, landlords and property managers (together with the Company, collectively, “Released Parties”) from liability for my death and any and all past, present, or future injuries, illnesses, losses, damages, expenses, property damage, social losses, economic losses, actions, claims, and liabilities, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, relating to or arising from: (i) my participation in the Services; and (ii) activities associated with my participation in the Services; (iii) my interaction with any of the Released Parties; or (iv) my placement in the care, custody or control of any of the Released Parties. This Release is intended to release and discharge the Released Parties from any and all losses, damages, expenses, actions, claims and liabilities of any nature whatsoever, such as losses, damages, expenses, actions, claims and liabilities arising from or related to the negligence of, or the breach of any duties which may be owed by, the Released Parties. I understand that this Release prohibits me from filing any lawsuit against any of the Released Parties for any of the reasons identified in this paragraph, now or in the future, and from recovering any losses, damages or expenses against any of the Released Parties.
I ASSUME THE RISK OF INJURIES, ILLNESSES, OR DEATH ASSOCIATED WITH MY PARTICIPATION IN THE SERVICES AND THE COMPANY’S PROVISION OF THE SERVICES TO ME INCLUDING ACCIDENT OR INJURY.
I understand that there are significant elements of risk associated with using the Services. I understand and acknowledge that certain risks cannot be eliminated due to the nature of the Services, and that these elements and risks may be causes of injury, illness, permanent disability, trauma, or death. These risks and dangers include but are not limited to risk associated with my negligence, falls, strains and sprains, improper use of equipment, overexertion, participating with a pre-existing physical injury, being injured by falling objects or other participants; being injured by the actions or inactions of other participants; equipment failures of any kind; and the contraction of communicable illnesses. I recognize that the foregoing list of risks are examples of the risks that I am assuming by using the Services is not comprehensive and that I am also assuming risks not specifically listed above. I recognize that if I encounter these risks, serious injury, illness, or death may result, and I understand that no amount of care, caution, instruction or expertise can eliminate these risks.
I acknowledge that using the Services involves certain risks, inherent and otherwise, including the risk of death, illness, or serious personal injury, regardless of whether I follow the Company’s safety instructions or recommendations, such as those pertaining to applicable rules and regulations, Company and Released Parties instructions, or involving my choice of equipment to use or any other safety or medical device. I agree to assume all such risks, as well as any other risks involved in participating in the Services.MEDICAL DISCLAIMER
I agree that I have consulted a physician or other health care professional before participating in the Services or any other fitness program to determine if it is right for your needs, especially if you have any chronic or recurring physical conditions, and/or if you are pregnant, nursing, or elderly. I agree that I will not start a fitness program if my physician or health care provider advises against it. If I experience faintness, dizziness, pain or shortness of breath at any time while exercising I will stop immediately. Not all exercise programs are suitable for everyone. I agree to fully participate in the Services and I will fully disclose any pre-existing conditions or injuries in advance of the Services to the Company, organizers, and instructors that may limit or hinder my participation. I agree and acknowledge that the Services provided by the Company are in no way intended as a substitute for medical advice or counseling.
The Services offers health, fitness and nutritional information and is designed for educational purposes only. I agree not to rely on this information as a substitute for, nor does it replace professional medical advice, diagnosis, or treatment. If I have any concerns or questions about your health, I agree to consult with a physician or other health-care professional. I will not disregard, avoid or delay obtaining medical or health-related advice from my health-care professional because of something I may have seen, read, or heard while participating in the Services.MEDICAL TREATMENT
I agree that if I am injured during my participation in the Services, the Company, the sponsors, Instructors, volunteers and site property owners may render medical services to me, or request that others provide such services. By taking such action, the Company, the sponsors, instructors, volunteers and site property owners are not admitting any liability to provide or to continue to provide any such services and that such action is not a waiver by the Company, the Released Parties, or volunteers of any rights under this release and waiver. Should I require transport to a medical facility as a result of an injury, I am financially responsible for such transportation and medical treatment costs. If I am injured during my participation in the Services, it is my responsibility to seek appropriate medical care and to notify the Company. I understand that this waiver will have no bearing on any workers’ compensation claims that I may make as a result of my participation in this event.I AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE RELEASED PARTIES:
I further agree to indemnify, hold harmless and defend the Released Parties from and against any and all loss, damage, liability, claim and expense, including costs and attorneys’ fees, incurred by any of the Released Parties as a result of my using the Services, including any loss, damage, liability, claim, and expense arising out of the Company’s own negligence. I understand that this Section means that I will have to reimburse the Company or any of the other Released Parties for any losses, damages, liabilities, claims, costs, attorneys’ fees, or expenses sustained by the Released Parties as a result of my using any of the Services.I WAIVE MY RIGHT TO A JURY TRIAL AND CONSENT TO CHOICE OF LAW, TERM:
I SPECIFICALLY WAIVE (AND RELEASED PARTIES, BY ITS ACCEPTANCE HEREOF WAIVES) THE RIGHT TO A TRIAL BY JURY IN ANY ACTION BROUGHT BY OR AGAINST THE COMPANY OR ANY OF THE OTHER RELEASED PARTIES.
The laws of the Commonwealth of Pennsylvania shall govern the rights and obligations of the parties to this Release and the interpretation, construction and enforceability of this Release. If any dispute shall arise between me and either the Company or any of the other Released Parties, I agree that any lawsuit brought by or on behalf of me against any Released Parties shall be brought solely in a federal or state court located in the Commonwealth of Pennsylvania. This Release shall be effective upon my acceptance hereof and shall continue in force, unless sooner terminated pursuant to a written notice, for so long as I use the Services.I PERMIT THE USE OF MY LIKENESS AND THE DISCLOSURE OF MY INFORMATION:
I hereby authorize, without limitation, the Company and any Released Parties to use photographs, video, and other media of myself, including my image, likeness, and sound of my voice, recorded during my participation in the Services, which may include the recording and posting of exercise classes, and I irrevocably grant and convey to the Company all rights, titles and interests in any and all media. This grant will include but not be limited to the right to copyright, use, alter, and publish such media, and I expressly waive the right to any royalties, proceeds or other benefits relating to the publication and use of my image, likeness, voice, recording or in any way derived from the media. I agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all negatives, recording tape and digital files are and shall remain the property of the Company. Media may be published, used, distributed, and otherwise on the Company website, its application, its video on-demand platform, and in social channels including, but not limited to, Instagram, Facebook, and SnapChat, and as part of any publication, distribution, or any other use, I acknowledge and understand that any media may be accessed through the internet from anywhere around the world. I hereby waive any right that I may have to inspect or approve the media, any materials that may be used in connection with the media, or the use to which it may be applied. I hereby release, acquit, and forever discharge the Company and Released Parties from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said media and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation. I also acknowledge and agree that the Released Parties may disclose any or all of my personal information if the Released Parties are requested to do so by any governmental agency or authority.SEVERABILITY:
If any term, provision, or condition, or any part thereof, of this Release shall for any reason be found or held to be invalid or unenforceable by and court or governmental agency of competent jurisdiction, such invalidity or unenforceability shall not affect the remainder of such term, provision, or condition or any other term, provision, or condition, and this Release shall survive and be construed as if such invalid or unenforceable term, provision or condition had not been contained therein.