Digital Studio Waiver

Waiver of Liability and Release

 

I acknowledge that the activities and services provided by The Class Corp., a Delaware limited liability company, and/or the class LA LLC, a Delaware limited liability company (collectively, the “Company”), and all other persons acting in any capacity on behalf of the Company or retained by the Company (collectively, the “Services”), involve physical exercise and/or dietary modifications that can be strenuous and may cause bodily injury and illness (including emotional and psychological injuries or illness, and death).

General Assumption of Risk and Limitation of Liability:

In consideration of the Company, and all other persons acting in any capacity on behalf of the Company in providing the Services, along with the owner or owners of the premises in which the Services are provided, their respective insurers, heirs, personal representatives, successors and assigns (collectively, the “Released Parties”), I:

Understand and acknowledge that there is an inherent risk of bodily injury, illness and death when choosing to participate in any physical exercise, sport, wellness, nutritional, and/or recreational activities, including the Services, and that my participation in the Services is a voluntary activity in all respects;

Agree that I voluntarily and fully assume all risks of bodily injury and illness (including emotional and psychological injuries and illness, and death) that may result from my participation in the Services;

Waive, to the fullest extent permitted by law and on behalf of myself, my children, my heirs, my assigns, personal representatives and all other persons acting on my behalf, the  right to bring any suit, action or claim of any kind against any Released Party as a result of my participation in the Services and hereby release and discharge, to the fullest extent permitted by law and on behalf of  myself, my children, my heirs, my assigns, personal representatives and all other persons acting on my  behalf, the Released Parties, in any capacity, as follows: from any and all liability, claims and causes of  action of any nature whatsoever arising from bodily injuries or illness (including emotional and  psychological injuries or illness, and death), and damages (both economic and non-economic) or losses of  any kind which I may have or which may accrue to me on account of my participation in the Services,  regardless of whether such injuries result, in whole or in part, from the negligence of any Released Party;

Further agree to indemnify and hold harmless and defend the Released Parties from any and all liabilities,  claims, and causes of action of any nature whatsoever resulting from injuries or illness, damages (both economic and non-economic), or loss, including attorney fees, sustained by me arising out of or in connection with or in any way associated with my participation in the Services or resulting from my breach of any of the terms of this document;

Understand and acknowledge that I have been advised to consult with my physician before I undertake any physical activity or nutritional or exercise program, including the Services;

Certify that I am in good health and sufficient physical condition to participate in the Services and I assume full responsibility for my medical condition as it relates to my participation in the Services; and 

Acknowledge that none of the Released Parties has represented to me or provided me with any assurance of any kind that my participation in the Services is safe for me and will not cause any injury or illness to me, or will result in any particular physical, psychological, or another outcome, such as weight loss, psychotherapeutic benefits, or the ability to perform any sport or other physical activity.  

Non-Recording of Live Studio/Online Classes Agreement:

I agree that I will not copy, photograph, broadcast, retransmit or otherwise record in any manner any portion of any Service or any written or other tangible materials used in connection with any Service and that my participation in the Services is solely for my own personal use and not for use by any other person or for any commercial purpose whatsoever. I agree that I will not use any information or knowledge of any kind obtained by me from my participation in the Services for any commercial purpose or pecuniary benefit, whether by me or by others.

I authorize the Company to use my image (including photographic, motion picture, and electronic images of me), and my voice (including sound and video recordings) worldwide in any medium whatsoever.

I hereby grant to the Company, its licensees, successors and assigns, the right to use (whether in live streaming services or otherwise), disseminate, stream, distribute, publish and reproduce, for all purposes,  my name and images and pictures of me, including in still photographs, film and electronic form, as well as the sound of my voice, whether in live streaming services or video recordings, and printed and an electronic copy of the information described above in any and all media including, without limitation, the  Internet and on the Company’s website, and for exhibition, distribution, promotion, advertising, sales,  press conferences, meetings, hearings, educational conferences and in brochures and other media. This permission extends to all languages, media, formats, and markets now known or hereafter devised. This permission shall continue forever and is not limited in geographic scope.  

I further grant the Company all rights, title, and interest that I may have in all finished images, pictures, negatives, reproductions, videos, and copies of the original print, and further grant the Company the right to give, sell, transfer, and exhibit the images and print in copies or facsimiles thereof, for marketing,  communications, advertising or other purposes, as it deems fit. I recognize that the Company, and not me,  has rights and interests in all such materials.  

I hereby waive the right to receive any payment for signing this release and waive the right to receive any payment from the Company’s use of any of the material described above. I also waive any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer generated scanned images and other electronic media that may be used in conjunction therewith or to approve the eventual use to which it might be applied. 

Agreement to Waive Jury trial: 

I HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SERVICES (WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY). I CERTIFY THAT NO REPRESENTATIVE, AGENT, OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND FURTHER CERTIFY THAT THIS WAIVER IS KNOWINGLY, WILLINGLY AND VOLUNTARILY MADE.

I acknowledge that I have read and fully understand this Assumption of Risk and Release as set forth above and that I am signing it voluntarily with full knowledge of its contents. If any term or provision of this Assumption of Risk and Release is held to be illegal, invalid or unenforceable, or the application thereof to any person or circumstance shall to any extent be illegal, invalid or unenforceable under present or future laws, then and in such event, it is the express intention of the parties that the remainder of this Assumption of Risk and Release, or the application of such terms, clauses or provision other than those to which it is held illegal, invalid or unenforceable, shall not be affected thereby, and each term, clause or provision of this Assumption of Risk and Release and the application thereof, shall be legal, valid and enforceable to the fullest extent permitted by law.

If I am under 18, I represent that this Assumption of Risk and Release has been reviewed and accepted by one of my parents and/ or guardians.