Liability Terms
In consideration of the respective covenants contained herein, the parties hereto, do HEREBY release and forever discharge, Body By Boss, LLC., Nattie Boss, Natalie N. Konieczny, (hereinafter referred to as “BBB,LLC.”), and join this program willingly and declare I am physically and mentally able to participate in the Body By Boss Six Week Performance Program, (hereinafter referred to as the “Program”), and agree to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to follow any and all written or oral instructions or directions given during the duration of this program, by “BBB,LLC” I agree to make “BBB,LLC”, aware of any and all allergies, injuries, past of present, medications and currently under the supervision of a doctor, including but not limited to, physical or psychological.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity, and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge “BBC,LLC” for injury, loss, or damage arising out of my or my family’s negligence or not following the instruction given by “BBC,LLC”.
3. FOR GOOD AND VALUABLE CONSIDERATION, the participant hereby grants Body By Boss, LLC, and to its licensees, assignees, and other successors-in-interest, all rights of every kind and character whatsoever in perpetuity in and to my performance, appearance, name and/or voice and the results and proceeds thereof in connection with the “Program” and hereby authorize BBB,LLC., to photograph and record ( on tape, film or otherwise), the Program; to edit same at its discretion and to include with the performance of others and with sound effects, special effects and music; and to incorporate same into picture or other program or not; to use and license others to use such recordings or photographs in any manner or media whatsoever, including without limitation unrestricted use for purposes of publicity, advertising and sales promotion.
I hereby waive all rights and release and discharge BBB,LLC., from, and shall neither sue nor bring any proceeding against any such parties for, any claim, demand or cause of action whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of the Program. I agree that BBB,LLC., owns all rights and proceeds of my services rendered in connection herewith as a participant in the Program. (*this DOES NOT apply to any before and after pictures of minor participants; NO minor pictures will be used with or without consent. See below)
4. INDEMNIFICATION. I agree to indemnify and defend “BBC,LLC” against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Pennsylvania law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
7. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
