Kerifit

Waiver

First name

Last name

WAIVER AND RELEASE OF LIABILITY In consideration of the risk of injury while participating in exercise and nutrition (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly voluntarily enter into this waiver and release of liability and hereby waive and do hereby release and forever discharge Kerifit.com / Image Pro LLC, located in Coalville, Utah 84017, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from and event related to this Activity. I am voluntarily participating in the aforementioned Activity and I am participating in the Activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others’ negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity, including travel to, from and during this activity. I agree to indemnify and hold harmless Kerifit.com / Image Pro LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Kerifit.com / Image Pro LLC incurs any of these types of expenses, I agree to reimburse Kerifit.com / Image Pro LLC. I acknowledge that Kerifit.com / Image Pro LLC and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts of failures to act of any party or entity conducting a specific event or activity on behalf of Kerifit.com / Image Pro LLC . I acknowledge that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. I acknowledge that I have carefully read this “waiver and release” and fully understand that it is a release of liability. I expressly agree to release and discharge Kerifit.com / Image Pro LLC and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Kerifit.com / Image Pro LLC for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Kerifit.com / Image Pro LLC, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of me or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, and evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this release of Liability shall be deemed servable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or deemed to be written, construed and enforced as so limited. I, the participate, understand and affirm that I am fo the age of 18 years or older, and I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release of liability and a contract and that I am signing it(or checking the waiver button) of my own free will. PARENT / GUARDIAN WAIVER FOR MINORS In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent or guardian, as follows: I hereby certify that I am the parent or guardian and do hereby give my consent without reservation to the foregoing on behalf of this individual. Waiver You, the participant (“Participant”), agree that by registering in the Kerifit Challenge or any event hosted by Kerifit that you will abide by and agree to the following provisions, restrictions, and waivers. 1. First-time Participants must receive a thorough and complete health and physical examination from a U.S. licensed health care provider or doctor (“Care Provider”) as to the Participant’s overall health and ability to participate in a Kerifit Challenge. 2. If Participant has previously participated in a Kerifit Challenge, Participant must receive a new or additional thorough and complete health examination from her/his Care Provider, as to the Participant’s health and ability to participate in the challenge on at least an annual basis and shouldn’t participate in any Kerifit Challenge or event unless s/he has been specifically approved by her/his Care Provider to participate in the challenge or event. 3. If at any time during the challenge or event hosted by Kerifit the Participant begins to feel physically unwell or has any reason or cause to believe that s/he has sustained injury or physical harm or it at-risk to suffer injury or physical harm, the Participant must immediately cease participation in the Kerifit challenge or event until s/he has been seen by her/his Care Provider and has been specifically approved to resume participation in the challenge or event. 4. Neither Kerifit nor any of its employees are certified exercise trainers, dietitians, physical therapists, doctors, or other health care providers. Participants are encouraged to consult with their own certified and/or licensed specialists at to the Participant’s own specific medical, nutritional, and physical needs and limitations. 5. If there is any cessation by the Participant in any Kerifit Challenge or event, whether voluntary or involuntary and whether or not the cessation was merited by the Participant’s health, Participant shall not be entitled to any compensation or refund by Kerifit and shall be disqualified from finishing the existing Kerifit Challenge or event and may be barred or disqualified from participating in future Kerifit Challenge or event. 6. Kerifit is not responsible and cannot be held responsible for any injury, illness, disability, or death of any Participant as a result of their participation in any challenge or event sponsored or hosted by Kerifit. Participant and her/his family, heirs, agents, representatives, devisees, legatees, employers, and beneficiaries, specifically agree to hold Kerifit harmless for any injury, illness, disability, or death of the Participant as a result of her/his participation in any challenge or event sponsored or hosted by Kerifit. 7. Kerifit will make all reasonable efforts to ensure the accuracy of the tabulation or calculation of the points earned by each individual participant participating in the challenge or event and to calculate any other indices or figures. However, the accuracy of the points, tabulations, or other indices for each challenge or event necessarily depends on the truthfulness of the participants and the accuracy of the devices used by the participants, therefore the final points or factors determinative of a winner for each challenge or event cannot be certified by Kerifit as completely accurate. Kerifit is not responsible for any errors in the calculation of points for any particular challenge or event and Participant specifically agrees to hold Kerifit harmless for any error which may occur in the determination of a winner of any challenge or event. 8. Participant, by participating in a Kerifit challenge or event and/or by receiving password-only access to the website and materials compiled or produced by Kerifit, specifically agrees that s/he will not thereafter directly or indirectly engage in any business or develop any website, program, digital media, book, or media application which competes with Kerifit nor which is based upon or utilizes the concepts, ideas, plans, and methods of Kerifit. 9. Participant, by participating in the Kerifit challenge or event or by receiving password-only access to the website and materials complied or produced by Kerifit, specifically agrees that s/he will not thereafter share, distribute, nor sell any printed materials owned by or developed by Kerifit whether or not such use is for profit or other material gain. 10. Kerifit does not guarantee any specific health result nor body measurement reduction/improvement as a result or participation in any Kerifit challenge or event. 11. Participant and her/his family, heirs, agents, representatives, devisees, legatees, employers, and beneficiaries agree that all disputes or claims against Kerifit shall be settled through binding arbitration which shall occur in the State of Utah and which shall use a Utah-based arbitrator. If no binding arbitration shall be available or if a court of competent jurisdiction determines that a grievance or claim should be instead litigated outside of arbitration, any and all claims of Participant and her/his family, heirs, agents, representatives, devisees, legatees, employers, and beneficiaries shall be filed in courts located in Utah. The laws governing this agreement and any dispute between Kerifit and Participant or her/his family, heirs, agents, representatives, devisees, legatees, employers, and beneficiaries shall be those of the State of Utah. 12. If any provision of the Agreement shall be held or determined to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

By checking this box you agree to terms and conditions.

Message Sent!

Your message has been sent successfully!