Liability Waiver

RELEASE OF LIABILITY, VOLUNTARY ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

I, a person being over the age of eighteen, hereby enter this RELEASE OF LIABILITY, VOLUNTARY ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (hereinafter, the “Release”) with Brain-Body Therapy, LLC, its related and affiliated entities, officers, managers, members, employees, consultants, agents, successors and assigns (collectively, the “Released Parties”), in connection with my use of the mobile application Brain-Body Therapy and participating in the exercises and/or activities described therein (collectively, the “App”).  In consideration of me using the App, I expressly and freely agree:

1. That I am in good physical health, and there are no physical conditions that would or should prevent me from using the App. I acknowledge that the very nature of physical activity carries with it certain INHERENT RISKS that cannot be eliminated regardless of the care taken to avoid injuries or illness.  In the course of using the App, the activities which I may undertake may include (a) strenuous exertion using various muscle groups, (b) rapid movement involving speed and change of direction, and/or (c) sustained physical activity which places stress on the cardiovascular system.  While specific risks vary from one activity to another, INHERENT RISKS include, without limitation: (i) minor injuries such as scratches, strains, bruises, and sprains; (ii) major injuries such joint or back injuries, heart attacks, and concussions; and (iii) catastrophic injuries including paralysis and death.  I know my capabilities and limitations, and I will not attempt to exceed those capabilities using the App.  Further, I agree that this App is not a substitute for medical advice and that I should consult a physician before using this App.

2. To ASSUME ALL RISK of personal injury, including death, and to assume all responsibility for losses, costs and damages I may incur, where such risks or losses arise from or are in any way connected with my use of the App.  I am voluntarily allowing myself to use the App, despite the known and unknown risks presented by my use of the App.

3. To RELEASE, WAIVE and FOREVER DISCHARGE any and all claims, liabilities, loss, demands, damages, costs, expenses, lawsuits, causes of action and judgments that I now or hereafter may have or claim to have against the Released Parties resulting from, arising out of or in any way connected with my use of the App or any related activity, including but not limited to, any claims or damages for personal injuries, including death, whether caused in whole or in part by the NEGLIGENCE AND/OR FAULT of the Released Parties, whether passive or active (excluding gross negligence or intentional torts) or any entity or person(s) performing any function with respect to the App.

4. To INDEMNIFY, DEFEND, and HOLD HARMLESS the Released Parties, from any and all claims, liabilities, loss, demands, damages, costs, expenses (including attorneys’ fees), lawsuits, causes of action and judgments for personal injuries, including death, and damage to or loss of real or personal property, whether foreseen or unforeseen, present or future, known or unknown, resulting from, arising out of or in any way connected with my use of the App, whether caused in whole or in part by the NEGLIGENCE AND/OR FAULT of the Released Parties, whether passive or active (excluding gross negligence or intentional torts) or any entity or person(s) performing any function with respect to the App.

 5. That this Release is intended to be as broad and inclusive as permitted by law, and that if any term or provision of this Release shall to any extent be held invalid or unenforceable, the remaining terms of the Release shall not be affected thereby, but shall be valid and enforceable to the fullest extent permitted by law.  The invalid provision shall automatically be replaced by a substitute provision which is valid and as nearly as possible maintains the same economic purposes and intention of the valid provision. This Release shall be interpreted in accordance with the laws of the State of Florida.