Alive With Melissa, LLC (“Company”) offers services to enhance your quality of life including, but not limited to travel, exercise, yoga and coaching in group settings, as well as private settings and online (“Activity” or “Activities”). In consideration for allowing you to participate in Activities, you agree as follows:
1. I am in proper physical condition to participate in the Activity, and am aware that participation could, in some circumstances, result in serious physical injury or death. I am aware that it is advisable to consult a physician prior to participating in any Activity.
2. To the fullest extent permitted by law, I unconditionally release, waive, forever discharge, and agree to hold harmless the Company, its past, present and future affiliates, subsidiaries, parent, employees, agents, legal representatives and assigns (“Released Parties”), from and against all claims, liabilities, or causes of action that either you, your heirs, executors, administrators, legal representatives and assigns may have for losses, damages, or injuries arising out of or associated with your participation in the Activities.
3. I understand that group retail travel experiences are provided by independent vendors. The Company does not operate, control, or otherwise provide the services of the independent vendors and shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of the Company or any person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection thereof. It is also advised that all travelers attain their OWN travel insurance when booking any trips.
4. I grant my permission to the Released Party and any transferee or licensee to utilize any photographs, motion pictures, videotapes, recordings and other references or records of the Activity which may depict, record or refer to me for any purpose (“Likeness”), including commercial use by the Released Parties, their transferees and their licensees. I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of my Likeness and that I will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use my Likeness.
5. If any provision of this Waiver of Liability shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Waiver of Liability and shall not affect the validity and enforceability of any remaining provisions.
6. This Waiver of Liability is made under and will be construed according to the laws of the State of New Jersey without giving effect to principles of conflicts of laws.
7. This Waiver of Liability contains the entire agreement between you and the Company with respect to the subject matter of it and you acknowledge and agree that you are not relying on any representation that is not contained in it and that it may not be modified except by a writing signed by both you and the Company.
I hereby warrant that I am at least 18 years old and have the right to contract in my own name. This Waiver of Liability shall be binding on me, my heirs, legal representatives and assigns. I have read this Waiver of Liability and I understand the terms set forth herein.