MD1 TRAINING NORWALK LIABILITY WAIVER & RELEASE
1. RELEASE OF LIABILITY, INDEMNITY, AND ASSUMPTION OF RISK: HITTLE FITNESS, INC. (DBA D1 TRAINING) (“D1”) PROVIDES YOU AND THE GENERAL PUBLIC WITH GROUP FITNESS, SPORTS AND SKILL TRAINING, AND OTHER RELATED SERVICES (THE “D1 PROGRAM”). BY SIGNING BELOW, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING: YOU REPRESENT THAT YOU ARE PHYSICALLY FIT TO PARTICIPATE IN THE D1 PROGRAM AND THAT, PRIOR TO PARTICIPATION IN THE D1 PROGRAM, YOU HAVE CONSULTED A PHYSICIAN REGARDING ANY LIMITATIONS OR MEDICAL RISKS THAT YOU MAY HAVE IN RELATION TO THE D1 PROGRAM AND CERTIFY THAT YOU ARE FREE FROM ANY SUCH LIMITATIONS AND MEDICAL RISKS. YOU FURTHER UNDERSTAND AND AGREE THAT THE D1 PROGRAM INVOLVES PHYSICAL EXERTION AND STRENUOUS PHYSICAL ACTIVITY BY YOU, WHICH ENTAILS CERTAIN RISKS AND SERIOUS BODILY INJURY AND/OR DEATH MAY OCCUR. FOR EXAMPLE, PHYSICAL CONTACT WITH OTHER PARTICIPANTS, EQUIPMENT OR SURFACES MAY OCCUR DURING THE D1 PROGRAM. WITH FULL KNOWLEDGE OF THE RISKS OF SERIOUS BODILY INJURY AND DEATH, YOU VOLUNTARILY CHOOSE TO PARTICIPATE IN THE D1 PROGRAM AND (1) HEREBY FOREVER RELEASE, COVENANT NOT TO SUE, DISCHARGE AND WAIVE ALL LIABILITY ON BEHALF OF D1, ITS EMPLOYEES, EXECUTIVES, AGENTS, AFFILIATES (INCLUDING WITHOUT LIMITATION, AFFILIATE D1 SPORTS HOLDINGS, LLC), OWNERS, SUBSIDIARIES, PARTNERS, SPONSORS, ASSIGNS, OWNERS AND LESSEES OF THE PREMISES, CONSULTANTS, VOLUNTEERS AND CONTRACTORS (THE “RELEASEES”) FOR ANY BODILY INJURY OF ANY KIND, PROPERTY DAMAGE OR DEATH (INCLUDING LOST WAGES, MEDICAL COSTS AND EMOTIONAL DISTRESS) SUFFERED BY YOU AS A RESULT OF YOUR PARTICIPATION IN THE D1 PROGRAM, REGARDLESS OF WHETHER SUCH BODILY INJURY, PROPERTY DAMAGE OR DEATH WAS DUE TO NEGLIGENCE OF ANY KIND COMMITTED BY D1 OR THE RELEASEES OR OTHERWISE, (2) AGREE TO INDEMNIFY AND HOLD HARMLESS D1 AND THE RELEASEES FROM ANY LOSS, LIABILITY OR COST THEY MAY INCUR ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE D1 PROGRAM, WORKOUT PLAN, NUTRITION GUIDE, ANY COMMUNICATION, INJURY, AND MISCONDUCT, AND (3) ASSUME FULL RESPONSIBILITY FOR ANY BODILY INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE D1 PROGRAM AND/OR USE OF D1’S FACILITY.
2. GOVERNING LAW AND VENUE. NOTWITHSTANDING YOUR AGREEMENT NOT TO SUE D1 AND THE RELEASEES, AND WITHOUT D1 OR THE RELEASEES WAIVING THEIR RIGHTS UNDER THE FOREGOING PARAGRAPH, YOU AGREE THAT YOUR PARTICIPATION IN THE D1 PROGRAM AND THIS WAIVER AND RELEASE AND THE RIGHTS AND LIABILITIES OF YOU, D1 AND THE RELEASEES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CONNECTICUT, WITHOUT REGARD TO PRINCIPLES OF THE CONFLICT OF LAWS. YOU AGREE THAT THIS WAIVER AND RELEASE HAS BEEN DELIVERED TO AND ACCEPTED BY D1 AND WILL BE DEEMED TO BE MADE IN THE STATE OF CONNECTICUT. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE D1 PROGRAM AND THIS WAIVER AND RELEASE AND LEGAL ACTIONS AND LEGAL PROCEEDINGS OF ANY KIND, INCLUDING THOSE RELATED TO THE ENFORCEABILITY OF THIS WAIVER AND RELEASE, SHALL BE RESOLVED EXCLUSIVELY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF CONNECTICUT, AND YOU WAIVE ANY OBJECTION TO THE LAYING OF VENUE OF ANY SUCH ACTION OR OTHER LEGAL PROCEEDING. THE NON-PREVAILING PARTY IN ANY SUCH ACTION OR OTHER LEGAL PROCEEDING AS THAT TERM IS INTERPRETED BY CONNECTICUT COURTS SHALL BE RESPONSIBLE FOR PAYMENT OF THE FULL COSTS AND REASONABLE EXPENSES OF THE PREVAILING PARTY INCLUDING REASONABLE ATTORNEY FEES AND EXPERT WITNESS FEES.
ENFORCEABILITY; BINDING EFFECT. IF ANY PART OF THIS WAIVER IS NOT ENFORCEABLE AS WRITTEN, THIS WAIVER SHALL BE ENFORCED TO THE MAXIMUM EXTENT ALLOWED BY CONNECTICUT LAW AND SHALL NOT AFFECT THE ENFORCEABILITY OF ANY OTHER PART. THIS WAIVER IS BINDING ON YOU, YOUR HEIRS, EXECUTORS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND BENEFITS D1 AND ITS RELEASEES.
3. SOCIAL MEDIA RELEASE. I HEREBY AUTHORIZE D1 AND AFFILIATE, D1 SPORTS HOLDINGS, LLC (COLLECTIVELY REFERRED TO IN THIS PARAGRAPH AS “D1”) TO RECORD MY NAME, LIKENESS, IMAGE, VOICE AND PARTICIPATION IN FILM, TAPE OR OTHERWISE FOR USE IN ALL D1 RELATED INITIATIVES. I AGREE THAT ALL PHOTO, VIDEO AND OTHER PRODUCTION RELATED MATERIALS MAY BE EDITED AND OTHERWISE ALTERED AT THE SOLE DISCRETION OF D1 AND USED IN WHOLE OR IN PART AT THE SOLE DISCRETION OF D1, WHETHER IT BE FOR PUBLIC OR PRIVATE USE. I FURTHER AGREE AND UNDERSTAND THAT I HAVE NO RIGHTS TO ANY PRODUCTION RELATED TO D1 OR ANY BENEFITS DERIVED THEREFROM, THEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASING AND WAIVING ALL RIGHTS, LEGAL AND MORAL, SO THAT D1 MAY FULLY EXPLOIT MY NAME, LIKENESS, IMAGE, VOICE AND PARTICIPATION IN FILM, TAPE, SOCIAL MEDIA OR OTHERWISE. D1 AGREES TO COMPLY WITH APPLICABLE PRIVACY LAWS.
Rules and/or Regulations. D1 reserves the right to require any Athlete who does not observe D1 rules and regulations or who abuses equipment in any fashion to leave the Facility. D1 reserves the right to terminate the Program of anyone who refuses to observe any of D1’s rules or regulations. Not all rules and regulations are listed in this Agreement. D1 reserves the right to add, change or remove rules, conditions of any D1 Program, opening and closing hours, and all services and facilities offered by D1.
Community Standards. D1 is a private, independent, community-oriented company. Athlete and any guests Athlete is permitted to bring to the Facility shall uphold behavioral standards that exist for the betterment of D1’s community. Athlete’s guests shall cooperate in preserving a community focused and family friendly atmosphere, free of inappropriate language, disrespect for others, and immodest dress. Pets, illegal drugs, weapons, alcoholic beverages and tobacco are prohibited anywhere on the facility.
Conduct. D1 reserves the right to immediately terminate Athlete’s use of, or access to, the D1 facility at any time if D1 decides in its sole discretion that Athlete has breached this Agreement or any relevant law, rule or regulation, or Athlete has engaged in conduct that D1 considers to be inappropriate or unacceptable. D1 is committed to the health, safety, and welfare of each of its Athletes and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. D1 has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of and D1 Program without refund for any Athlete engaging in unacceptable behavior.
Damages. Athlete shall pay for any and all damage to D1 property that results in whole or in part from the willful or negligent conduct of Athlete, Athlete’s guest, or dependent children.
Affirmation of Liability Waiver. If Athlete is entering into a D1 Program agreement following a free trial, Athlete hereby agrees, assents and covenants that if Athlete does not sign a liability waiver in conjunction with this Agreement, the liability waiver executed in conjunction with the free trial shall be treated as if Athlete had executed the liability waiver contemporaneously with this Agreement, and all terms and conditions of the liability waiver hereby apply to D1’s provision of services under this Agreement in addition to the services provided pursuant to the free trial.
Waiver. No conduct or course of action undertaken or performed by the parties hereto shall have the effect of, or be deemed to have the effect of modifying, altering or amending the terms, covenants and conditions of this Agreement. Failure of any party to exercise any power or right given hereunder or to insist upon strict compliance with the terms hereof shall not be, or be deemed to be, a waiver of such party's right to demand exact compliance with the terms of this Agreement.
Confidentiality. Athlete agrees to keep the specific terms of Athlete’s Program Fees confidential.
The training services created by D1, which may include data, techniques, materials, programs, methods, manuals, and other information used in carrying out the terms of this Agreement, are the sole property of D1 and may not be used, replicated, disclosed, published or sold without prior written consent from D1. Other than access to D1’s regular workout schedule, programs or services provided to Athlete are done as a courtesy and may be stopped by D1 at any time.
YOU CERTIFY THAT YOU HAVE READ THE FOREGOING AND UNDERSTAND THAT BY SIGNING BELOW, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS AND REMEDIES AND INTEND THAT YOUR SIGNATURE BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY ON BEHALF OF D1 AND THE RELEASEES TO THE GREATEST EXTENT PERMITTED BY LAW.