Specific risks vary from one activity to another. Risks may range from minor injuries to major injuries including catastrophic injuries such as death. In consideration of your participation in the activities offered by Code Green Fitness, LLC, you understand and accept these risks, and agree that Code Green Fitness, LLC, its officers, directors, trainers, employees, agents and volunteers, will not be liable for any injury, including, without limitation, personal, mental, or bodily injury, economic loss or any damage to you, your spouse, guests, unborn children, children, relatives and/or property resulting from the negligence of anyone at or involved with Code Green Fitness, LLC.
You further understand and acknowledge that Laguna Beach Fitness does not manufacture fitness or any other equipment, therefore Code Green Fitness, LLC and its affiliates will not be held liable for any defects in any equipment or defective equipment.
By signing below, you agree to releases, waives, discharges, covenants and foregoes any legal action against and agrees not to sue Code Green Fitness, LLC or its affiliates from any liability of losses, damages and/or costs that may occur due to your willing participation in any fitness program and/or facility. You understand and agree to assume full responsibility for and risk of personal, mental, bodily injury, including death, economic loss and property damage.
I hereby further declare myself to be of sound mind and body, suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in any of the activities and programs, use of equipment and/or machinery in conjunction with Code Green Fitness and its affiliates. I do hereby acknowledge that I have been informed of the need/recommendation of a physician’s approval for my participation in any exercise/fitness activity and the use of any facility, equipment and machinery. I have read and thoroughly understand this release of liability and assumption of risk agreement.
PHOTO, VIDEO, AND TESTIMONIAL RELEASE
This release is made to allow Code Green Fitness, LLC its successors and assigns, and the distributor(s) of the Picture (collectively ``you’’) to interview me or otherwise allow me to be featured or to perform in a production and/or publication. I recognize that my signature on this release is a condition of your permitting me to be interviewed to perform in or otherwise be featured in the Picture, and I cannot revoke this agreement (or any part of it) after I sign it. For good and valuable consideration (which is sufficient and which I received) I agree to the terms of this release. I agree that you may tape and photograph me (using any still camera or motion picture camera) and record my voice and conversation including quotes, paraphrases, sound and any performance of musical composition(s) or literary material during and in connection with such taping, photography and recording (all the foregoing to be known as my ``Performance’’). I also understand that this Picture is a non-guild production and there will be no residual or any type of payment due in connection with my Performance.
I agree that Code Green Fitness, LLC will be the exclusive owner of any and all copyright and other right, title and interest in and to such Performance. I agree Code Green Fitness, LLC will be able to use the Performance in the Picture forever, in perpetuity and throughout the world, in any and all media now known or hereafter discovered. But you will not use the Performance so as to constitute an endorsement of a product unrelated to the Picture. I further consent Code Green Fitness, LLC may use any still photos, film clips, and/or home videos or movies or videos (the ``Personal Materials’’) provided to you by me and I agree that all of the rights and releases given by me in this release will also apply to the Personal Materials. Code Green Fitness, LLC may edit the Performance in any manner they wish and they have no obligation to include the Performance in the Picture or any related materials.
I further agree that Code Green Fitness may use the Performance or any excerpts therefrom, and my name, voice, likeness and biography in the Picture, and in any related or derivative version and/or uses of the Picture (including, without limitation, any serialization(s), translation(s) and/or adaptation(s) thereof), and in the advertising, merchandising, marketing and promotion of the Picture and its distribution in all media. I confirm that to the best of my knowledge any statements made by me during the Performance will be true and will not violate or infringe upon and third party’s rights. I agree to assist you in verifying any information in the Performance.
I hereby release and discharge you from any and all claims or actions for personal injury, property damage and/or other loss suffered by me in connection with my Performance. I waive and release any and all claims against you relating to the Performance and its use in any version or media, including without limitation, any rights and claims relating to copyright, libel, moral rights, rights of privacy and/or publicity or confidentiality and any rights and claims relating to descriptions, conclusions, quotes and/or paraphrases of me, the Performance, or my experiences. Without limiting the foregoing, I agree that in the event of any dispute between you and me regarding the Picture or this release, my remedy will be limited to money damages, if any, and I hereby waive my right to enjoin, restrain or otherwise interfere with the production, distribution or other exploitation of the Picture, Video or Audio.