Life Redesigned Consent & Release
In consideration of being permitted to attend and/or participate in any program, class, party, event, retreat, and/or activity (collectively, the “Programs”) offered by AmyOBiz22, LLC dba Life Redesigned (“Life Redesigned”), including but not limited to those Programs offered at locations within and/or outside the state of Michigan (the “Agreement”), I agree to the following:
Notification/Assumption of Risk. If I believe any facilities and/or equipment owned or being rented, leased, occupied, and/or used by Life Redesigned are unsafe and/or I experience physical injury, pain, or discomfort, I will immediately advise a Life Redesigned representative of such condition and will not participate further in any Life Redesigned activities. In the event I continue to participate in any such activities, I do so at my sole risk and without liability of Life Redesigned or any of its members, managers, employees, agents, volunteers, consultants, contractors, or insurers (collectively, the “Related Parties”).
Waiver and Release. I fully understand and acknowledge that my presence at any facility or location owned, rented, leased, occupied, and/or used by Life Redesigned, and my participation in the Programs, is voluntary and subjects me to the possibility of physical injury (which could be minimal or severe, such as total disability or paralysis, and/or could result in death) and loss of and/or damage to my property (collectively, “Risks”). The social and economic losses and/or damages which could result from these Risks could be severe. Accordingly, I agree to the following:
a. I hereby release, discharge, covenant not to sue, and hold harmless Life Redesigned and the Related Parties from any costs, expenses, claims, demands, losses, liabilities, damages, judgments, and attorney’s fees and costs whatsoever arising from, related to, or resulting from the Risks (“Claims”), including but not limited to those caused by the action, inaction, or negligent acts or omissions of Life Redesigned and/or any one or more Related Parties, including but not limited to any negligent rescue operations of one or more Related Parties, and further including but not limited to any damages or injuries resulting from an equipment malfunction or slip, fall, or other injury inside or outside of facilities owned, leased, rented, occupied, and/or used by Life Redesigned.
b. I agree to indemnify, defend, and hold harmless Life Redesigned and the Related Parties from and against any and all costs, expenses, claims, demands, losses, liabilities, damages, judgments, and attorney’s fees and costs whatsoever arising from, related to, or resulting from the Risks, including those caused by the action, inaction, or negligent acts, and/or omissions of Life Redesigned and/or any one or more of the Related Parties, and including any negligent rescue operations of Life Redesigned and/or any one or more Related Parties.
c. I recognize the physical exertion involved in the Programs and attest and certify that I am physically fit to participate safely and have not been advised otherwise by a health care professional.
d. I expressly acknowledge and agree that the use of drugs and/or alcohol prior to or while participating in any one or more Programs increases the risk of bodily injury and/or property damage and is strictly prohibited. I further acknowledge and agree that any Life Redesigned representative and/or contractor may deny my continued participation in any Program in the event such representative/contractor suspects that I am under the influence.
e. As between Life Redesigned, the Related Parties, and me, I will be solely responsible for any and all medical and related bills that I may incur because of any injury, as well as costs related to loss and/or damage to my property, that I may sustain as a result of my participation in the Programs. Neither Life Redesigned nor any one or more of the Related Parties shall be responsible for any damages I may incur.
f. The releases contained in this Agreement extend and apply to, and also cover and include, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss, and liability, and the consequences thereof, as well as those now disclosed and known to exist. I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
I hereby expressly waive and relinquish all rights and benefits under that section of the California Civil Code and further expressly waive the provisions of any state, federal, or local law or statute that provides in substance that releases shall not extend to claims, demands, injuries, or damages that are unsuspected or unknown to exist at the time this Agreement is executed. I acknowledge that I may subsequently discover facts different from, or in addition to, those that I know or believe to be true with respect to the claims released in this Agreement and agree that this Agreement and the releases contained in this Section shall be and remain effective in all respects notwithstanding the discovery of such different or additional facts.|
Media Consent. I expressly acknowledge and agree that, as a participant in any one or more of Life Designed’s Programs, (i) I may be photographed, filmed, and/or audio recorded by Life Redesigned, its Related Parties, and/or its marketing contractors; (ii) I may appear in photographs, videos, social media posts and promotions, and/or other marketing, promotional, and/or business materials of Life Redesigned (“Content”); (iii) my likeness may be used in certain Content as Life Redesigned deems necessary and/or desirable for its business. I give Life Redesigned permission to use for any purpose, without charge and without reservation, the Content and my likeness contained in the Content, including but not limited to material depicting me, any story provided by me, and/or photographs, video footage, and/or audio recordings of me. I acknowledge and agree that editorial changes may be made as deemed suitable by Life Redesigned. Whether or not changes are made, I waive any rights of action that I may have and release, discharge, covenant not to sue, and hold harmless Life Redesigned and the Related Parties from any and all claims I may have arising from or relating in any way to the use and publication of the Content and/or my likeness, including but not limited to rights to sue for defamation or violation of rights of privacy and/or rights of publicity. Life Redesigned shall not be required to compensate me for any such use.
a. This Agreement shall be binding on my estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a Claim on my behalf or on behalf of my estate.
b. I hereby expressly agree that (1) this Agreement shall be governed and construed according to the laws of the state of Michigan without regard to its conflict of laws provisions and (2) any action or proceeding concerning any Claim or the meaning or effect of any provision of this Agreement shall be conducted only in the federal or state courts located in Kent County, Michigan, and that for such purposes, I expressly subject to the exclusive jurisdiction of such courts.
c. This Agreement contains the entire understanding between and among the parties concerning these matters but shall be in addition to any other waivers I may have signed with respect to Life Redesigned generally and/or the coronavirus, COVID-19, which are all hereby incorporated in their entirety by reference. No waiver, modification, or amendment of any of the terms of this Agreement shall be effective unless made in writing and signed by the party to be charged.
d. I hereby expressly agree that if any portion of this Agreement is held invalid, the balance of the Agreement shall nonetheless continue in full legal force and effect.
e. I warrant that I have read and understand that this Agreement involves my waiver and release of significant rights and my assumption of significant indemnification responsibilities in participating in the Programs.
BY REGISTERING, I ACKNOWLEDGE AND REPRESENT THAT I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I MAY BE GIVING UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY AS MY OWN FREE ACT AND DEED WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT, HAVE BEEN MADE. I AM AT LEAST 18 YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT FOR FULL, ADEQUATE, AND COMPLETE CONSIDERATION FULLY INTENDING TO BE BOUND BY SAME.