Release And Waiver

HELLO FIT, LLC

RELEASE AND WAIVER

Effective Date / Last Updated: January 25, 2017

PLEASE READ THIS DOCUMENT CAREFULLY AND FULLY. BY CLICKING “I AGREE” AND/OR ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THIS LEGALLY BINDING CONTRACT. IF YOU DO NOT AGREE TO THIS RELEASE AND WAIVER, YOU DO NOT HAVE PERMISSION TO ACCESS THE SITE AND USE THE SERVICES.

YOU UNDERSTAND THAT BY CONSENTING TO THIS RELEASE AND WAIVER, YOU ARE WAIVING SUBSTANTIAL RIGHTS.

This Release and Waiver (“Release”) forms part of the agreement between you (“You” or “Your”) and HelloFit, LLC (“HF”), along with the HelloFit, LLC Terms of Use (“Terms”) and the HelloFit, LLC Privacy Policy (“Privacy Policy”) (collectively, the “Agreement”). HF is an online fitness service provider located at sayhellofit.com (the “Site”). By either (a) accessing the Site; or (b) registering as a member; or (c) by using or attempting to access the services or content (the “Services”) located at the Site in any way, You accept the terms of this Release which forms a binding agreement between You and HF.

By indicating Your acceptance to this Release, You expressly warrant and represent that You understand and agree to all of the following terms and conditions:

  1. Consideration. In exchange for access to the Site and Services, the consideration of which is hereby acknowledged by the parties, You agree to the terms of this Release.
  1. RELEASE OF LIABILITY. IN EXCHANGE FOR USING THE SERVICES, YOU AGREE TO RELEASE HF AND ITS THIRD PARTY LICENSORS, PREDECESSORS, SUCCESSORS, ASSIGNS, PARENT CORPORATIONS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES (“REPRESENTATIVES”) FROM ANY AND ALL CLAIMS OR DAMAGES YOU MIGHT HAVE RELATING TO YOUR DISABILITY, INJURY (INCLUDING DEATH) OR DAMAGE TO PROPERTY, ARISING FROM OR DUE TO THE NEGLIGENT ACTS OR OMISSIONS OF HF OR ITS REPRESENTATIVES.
  1. Acknowledgement of Risks. You acknowledge and understand there is a risk of loss, injury, disability, damage or death to You or Your property by using the Site and engaging in the Services as is inherent in any form of physical activity; by choosing to use the Site and engage in the Services, YOU AGREE TO FULLY ASSUME ALL SUCH RISKS, whether known or unknown, foreseen or unforeseen.
  1. INDEMNIFICATION AND HOLD HARMLESS. YOU AGREE, ON BEHALF OF YOURSELF AND YOUR HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, TO PROTECT, INDEMNIFY, DEFEND AND HOLD HARMLESS HF AND ITS REPRESENTATIVES FROM ANY CLAIMS, ALLEGATIONS, LOSSES, VERDICTS, SETTLEMENTS, COSTS, PENALTIES, ACTIONS, SUITS, LIABILITIES, DAMAGES AND ATTORNEYS’ FEES (“DAMAGES”) ARISING FROM OR RELATING TO YOUR INJURY (INCLUDING DEATH), DISABILITY, OR DAMAGE TO OR LOSS OF PROPERTY ARISING FROM OR RESULTING FROM YOUR USE OF THE SERVICES OR THE SITE (INCLUDING ALLEGATIONS OF THE FOREGOING), EVEN IF SUCH DISABILITY, INJURY OR DAMAGES ARE CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF HF OR ITS REPRESENTATIVES.
  1. Broad Release of Rights. You further expressly recognize and agree the foregoing Release is intended to be as broad and as inclusive as is permitted by the laws of the State of Wisconsin and that if any portion herein is held invalid, the remaining provisions shall, notwithstanding, continue in full legal force and effect.
  1. UNDERSTANDING AND AGREEMENT. YOU HAVE READ THIS RELEASE, AND FULLY UNDERSTAND THE TERMS CONTAINED THEREIN. YOU UNDERSTAND THAT BY CONSENTING TO THIS RELEASE, YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS. YOU CONSENT TO THIS RELEASE FREELY AND VOLUNTARILY. IF YOU DO NOT CONSENT TO THIS RELEASE, YOU DO NOT HAVE PERMISSION TO ACCESS OR USE THE SITE AND SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO REVIEW THIS RELEASE AND TO SEEK LEGAL ADVICE REGARDING ITS TERMS AND CONDITIONS IF YOU SO CHOOSE.
  1. Contact Information. Any questions, complaints or claims with respect to the Site or Services should be directed to Hello Fit, LLC at customerservice@sayhellofit.com
  1. Compliance with Law. Nothing in this Release is intended to unlawfully release HF from any liability for its willful or reckless misconduct.
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