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The Trinity Room Premium Group with Amber Frelin
Release of Liability, Waiver and Assumption of Risk Agreement
In consideration of being permitted to participate in a private, group coaching session and/or online course with Amber Frelin, (hereinafter collectively “the Activities”) I, the undersigned, hereby acknowledge, understand and expressly agree as to the following:
(1) On behalf of myself, my spouse, my minor children, wards, relatives or other persons under my care, my parents, next of kin, my heirs, assigns, agents, personal representatives and estate (hereinafter collectively “RELEASING PARTIES”), I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Amber Frelin and her employees, agents, representatives, team members, as well as it’s owners, principals, employees, agents and representatives (hereafter collectively (AMBER FRELIN and Associates)), WITH RESPECT TO ANY AND ALL INJURY, whether physical, mental, psychological or emotional, or ANY LOSS or DAMAGE to PERSON or PROPERTY, of any kind, WHETHER ARISING FROM THE NEGLIGENCE OF (AMBER FRELIN and Associates) OR OTHERWISE, to the fullest extent permitted by law.
(2) To the fullest extent allowed by law, I agree to defend, indemnify, and hold harmless (AMBER FRELIN and Associates) for all costs and expenses, including but not limited to all legal fees incurred by (AMBER FRELIN and Associates) in defending any claim brought against any or all of (AMBER FRELIN and Associates) by any of the RELEASING PARTIES and further agree to pay the full amount of any judgment, award or verdict that might be entered against any of (AMBER FRELIN and Associates) and/or in favor of any or all of the RELEASING PARTIES.
(3) I understand that there exists a risk of physical, mental, psychological or emotional injury or death from the Activities, and although personal discipline or compliance with the guidance of (AMBER FRELIN and Associates) may reduce this risk, the risk of such injury nevertheless does exist.
(4) I am fully aware that the Activities could be hazardous resulting in injury or death. I fully acknowledge that I am voluntarily participating in the Activities with knowledge of the danger involved, and I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF (AMBER FRELIN and Associates) or others, and I assume full responsibility for my participation.
(5) I agree to comply with the stated and customary guidance and norms of participation in the Activities. If, however, I observe any unusual hazard during my presence or participation, I will immediately remove myself from participation in the Activities and bring such to the attention of the nearest official forthwith.
(6) I know, understand and acknowledge that (AMBER FRELIN and Associates) ARE NOT functioning in the capacity of physicians, psychologists, or healthcare professionals, and the Activities being offered are NOT intended to treat or diagnose, and does NOT include treatment for or diagnosis of, any illnesses, disease or disorders, whether physical, mental, psychological or emotional. I acknowledge that Amber Frelin and this program, is NOT a substitute for mental health care or any other type of health care. I am not being provided with any medical treatment or advice. The Quantum Body Transformation Program is also not intended to provide legal or financial advice. I warrant that any decisions, actions, or inaction made and any and ALL consequences thereof are of my own doing, and at my own risk and I take full responsibility for all emotional, mental, behavioral, and physical risks, unforseen injuries, negative effects and outcomes.
(7) I promise, represent and certify that I am in good health physically, mentally, psychologically and emotionally, and fully understand and acknowledge that if I were not in such good health, I would not be permitted to partake in the Activities. As such, my promise, representation and certification that I am in good health in each of the above-enumerated ways constitutes a material term upon which (AMBER FRELIN and Associates) are relying in permitting me to partake in the Activities.
(8) I hereby forever unconditionally and irrevocably waive and release any and all claims I now have or may in the future have against (AMBER FRELIN and Associates) with respect to any injury, loss or damage I suffer as a result of participating in the Activities or any of the future Activities in which I may participate. I understand and agree that this Release of Liability, Waiver and Assumption of Risk Agreement (hereinafter “Agreement”) extends to and includes any and all damages, injuries, and claims which I do not anticipate or know to exist and to any and all damages, injuries, or claims which may develop in the future, and I hereby expressly waive and relinquish any and all rights under any law or statute to the contrary.
(9) After being fully informed of the above, I, on my own behalf, and, to the fullest extent allowed by law, on behalf of all RELEASING PARTIES expressly agree and promise to accept and assume all of the risks inherent to and existing in connection with the Activities; and I voluntarily elect to participate in the Activities.
(10) Although this Agreement fully and completely releases (AMBER FRELIN and Associates) from any and all liability of any kind and of any nature in any way connected to, arising from, or relating to the Activities at issue, I further acknowledge and agree that to the extent that I violate the plain terms of this Agreement by filing a claim, suit or other action against any of the (AMBER FRELIN and Associates), any such claim, suit or other action shall be filed solely and exclusively before the American Arbitration Association, as governed by the Commercial Rules of Arbitration, with the initiating party bearing the fees and costs associated with arbitration, and with the prevailing party entitled to recover reasonable attorneys’ fees and costs associated with the arbitration. Any legal or equitable claim that may arise from participation in the above shall be resolved under Nevada Law. I EXPRESSLY CONSENT TO THE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN CLARK COUNTY, NEVADA FOR ANY LEGAL PROCEEDING ARISING FROM OR RELATING TO THIS AGREEMENT. This Agreement constitutes the entire agreement between (AMBER FRELIN and Associates) and I and supersedes all prior or contemporaneous oral or written agreements concerning this subject matter.
(11) I acknowledge, understand, and agree that this Agreement, and all of the releases, terms and conditions contained herein, shall apply with equal force and govern any future Activities in which I partake with (AMBER FRELIN and Associates) thus obviating the need for me to sign this Agreement each and every time I partake in the Activities. Venue for any action shall be in Las Vegas, Nevada.
(12) I understand and agree that (AMBER FRELIN and Associates) are not responsible for property that is lost, stolen, or damaged while in, on, or about the premises, at any location.
(13) To the extent that any portion, clause or aspect of this agreement is found to be invalid, void or unenforceable, all other portions, clauses or aspects of this agreement shall remain in full force and effect.
(14) I have read this release of liability and assumption of risk agreement, fully understand its terms and I have either consulted an attorney or, at my sole discretion, elected not to do so.
(15) I understand that I am providing this release as consideration, in part, for participation in the Activities. As such, I understand that if I wish to alter or negotiate the terms of this Agreement, I may do so by speaking with (AMBER FRELIN and Associates).
(16) I understand that I have given up substantial rights by signing this release of liability and assumption of risk agreement and sign it freely and voluntarily without any inducement.
By signing this document, I acknowledge that if anyone is injured or killed, or if property is damaged, during my participation in the activities, I will be found by a court of law to have waived all right to maintain suit against any of (AMBER FRELIN and Associates) and/or that I will be found to be fully responsible for all attorney fees and all other costs incurred by (AMBER FRELIN and Associates) and/or that I will be found personally liable for any judgment, award or verdict entered against any of (AMBER FRELIN and Associates).
I understanding that there exist known and unknown dangers of serious injury and death associated with the activities, some of which are referenced above, I nevertheless choose to participate in the activities.
(AMBER FRELIN and Associates) agree to keep all private coaching sessions confidential with the exception of: If (AMBER FRELIN and Associates) suspect abuse or neglect of children or elders is occurring; If I make or imply threats of violence or are a danger to myself or another person; If (AMBER FRELIN and Associates) feel I may lose control of my actions; or if (AMBER FRELIN and Associates) is made aware that something illegal is occurring.
As part of my participation in the Quantum Body Transformation Program, (OTHER THAN FOR PRIVATE COACHING SESSIONS), I agree that Amber Frelin may record, photograph, or otherwise capture my likeness, voice, images, interviews, and statements made, and hereby assign to (AMBER FRELIN and Associates) all rights and title to have and to use, royalty free, any portion of my participation, for any lawful reason including advertising and marketing purposes, documentary purposes, informational purposes, and training purposes.
Refund Policy: By signing this I agree that the outcome of my success in this program is dependent upon my level of commitment and action. Because of this (AMBER FRELIN and Associates) offer a full money back guarantee if the following criteria are met: 1. I have completed the program in its entirety, (for example, I fully complete 11 weeks of an 11 week program) AND 2. I actively participated (came to class and completed video lessons, paper assignments and homework as well as all recommendations made by (Amber Frelin and Associates), and did not receive any positive benefit (benefits include but are not limited to - 1. An improved understanding of fitness, nutrition, meditation, and health principals. 2. Weight loss or Weight Management (for example increase in muscle mass with loss in fat may equate to increase in body weight due to muscles much higher density, although the overall body composition would have improved.) 3. Improvement in other areas of life not listed above including but not limited to, improvement in relationships, finances, daily routine, overall health etc.
BY SIGNING BELOW and/or CLICKING ANY ONLINE AGREEMENT CONNECTED TO THIS ATTACHMENT YOU ARE INDICATING THAT YOU UNDERSTAND THE INFORMATION CONTAINED ABOVE IN IT’S ENTIRETY AND AGREE WITH IT.
Executed on (date) ___________________
Written Name: ___________________________