Waiver of Liability

Please read the following waiver of liability prior to participating or engaging in the Total HealthWorks (“Program”) virtual fitness classes, exercises, on-demand workouts and/or training, or any other service provided by the Program and its owners, parent, subsidiary, or affiliate organizations, or their respective employees, instructors, managers, agent, officers, or directors (collectively the “Program representatives”).

I am participating in this Program with the understanding and on the condition that:

• I am voluntarily participating in the Program. As a condition of participation, I represent and warrant that I am in good physical condition and I am able to participate in the Program and utilize the equipment and services associated with the Program.
• I have been advised to consult my physician prior to starting the Program. If I choose to engage in fitness activities, all physical activity and participation in activities offered through the Program are undertaken by me at my own risk. I have read and agree to the below Waiver of Liability.
• I acknowledge that at-home/virtual supervision is different than in-person training/supervision. I understand that all exercise will be undertaken by me at my sole risk.
• Program does not warrant the safety of (and is released from liability and/or negligence for): (i) all at-home exercise equipment or surroundings; and (ii) the effectiveness (e.g., quality of video/audio, free from bugs/interruption) and/or security of any at-home technology, including, but not limited to, video or Internet (“Technology”).
• There are no warranties or representations, express or implied, about the Program, Program instruction and literatures, or efficacy of the Program for achievement of any specific goals, with respect to any techniques or recommendations described or taught through the Program.

WARNING: Do not participate in at-home/virtual training if prone to seizures. Flashing lights and rapid imagery changes may occur. Motion sickness may be experienced.

Waiver of Liability

UNDER THE FOLLOWING PROVISION, THE PARTICIPANT IS RELEASING CERTAIN LEGAL RIGHTS. PLEASE READ THIS LANGUAGE CAREFULLY.

Any exercise or fitness activity or participation in activities offered through the Program and its associated services, including participation though Technology, has an inherent risk of personal injury or property damage. This may include, without limitation, damages or injuries that may result from:

(a) Exercise or exercise-induced illness or injuries, including but not limited to heart attack, stroke, heart stress, sprains, broken bones, and muscle, joint, ligament, back, and neck injuries. Such injuries may arise from participation in supervised or unsupervised activities or programs within or outside of the Program and/or Technology, to the extent sponsored or endorsed by the Program. Further, such injuries may occur when an exercise is properly or improperly performed or due to malfunction or misuse of Technology.

(b) Injuries that arise from my failure to seek prior physician consult, evaluation, and approval to engage in a program;

(c) Slips, falls, and other accidental injuries sustained on or as a result of the location and/or equipment and/or Technology used by me to participate in the Program, such as machines, fixtures, weights, treadmills, bikes, and exercise bands, my physical surroundings, or service problems or malfunctions;

(d) Injuries sustained as a result of the acts or omissions of myself or other Program participants; or

(e) Damages to or loss or my property used by me in connection with my participation in activities through the Program or use of Technology.

Program will not be responsible for these or any other injuries or damages I may sustain in connection with my use of the Technology or participation in activities offered by the Program. As a condition of such use and participation, I agree that my use of the Technology or participation in activities through the Program will be undertaken by me at my sole risk and responsibility, and without any liability to me on the part of Program and all Program representatives. I accept full responsibility for my use, as well as the use by any other person under my membership, of any and all equipment and fixtures as well as any programs and activities provided by Program. I, on behalf of myself and my executors, administrators, heirs, representatives, assigns, and successors do hereby expressly forever release, hold harmless and discharge Program and all Program representatives from all direct or indirect injuries (including death), damages, expenses, costs, claims, demands, liabilities, or legal or equitable actions or causes of actions of any kind, that result from my use or the use by any other person under use of the Technology or participation in activities through the Program, including, without limitation, any acts of active or passive negligence on the part of the Program or any Program representatives, or the active or passive negligence or intentional misconduct of other participants in the Program. I agree that this release and waiver of liability covers activities and injuries, as described herein, that may result from supervised or unsupervised activities. I hereby further agree to indemnify and hold harmless Total HealthWorks and the Program representatives from any and all such Claims.

I acknowledge that I have fully read and reviewed the foregoing document, that I fully understand its contents, and that all questions about this document, if any, have been answered.