RELEASE AND WAIVER OF LIABILITY 

IMPORTANT:  THIS IS A LEGAL DOCUMENT.  PLEASE READ CAREFULLY

FOR GOOD AND VALUABLE CONSIDERATION, the adequacy and receipt of which is hereby acknowledged, I, the undersigned, hereby execute this Release and Waiver of Liability (“Waiver”) as of the date listed below.  I, the undersigned, for myself, my guests, my invitees, my family members, my personal representatives, executors, administrators, heirs and next of kin:

Hereby acknowledge, agree, and represent that by signing this Waiver on behalf of myself and my guests and invitees, I am giving up certain substantial legal rights, including the right to recover damages for personal injury, illness, death, loss, property damage or other damages or lost profits from (i) James Gibson, and/or its principals, members, officers, directors, owners, members, managers, agents, servants, employees, volunteers, successors, assigns, insurers, representatives, and its parent, affiliate and subsidiary entities (collectively, “Owner”), and (iii) Impowered LLC and/or its principals, officers, directors, owners, members, managers, agents, servants, employees, successors, assigns, insurers, representatives, and its parents, affiliates, and subsidiary entities (collectively herein, “Impowered”).

Hereby release, discharge and covenant not to sue Owner and/or Impowered for any and all claims, losses, suits, damages, injuries, liabilities, expenses, demands and fees whatsoever, including but not limited to claims for any personal injury, illness, death, loss, property damage or other damages or lost profits, whether known or unknown (collectively “Losses”), arising out of or in any way related to Impowered’s workout plan program taking place on the date of sign-up -(collectively, “Activities”), WHETHER CAUSED OR CONTRIBUTED TO, IN WHOLE OR IN PART, BY THE ACTIVE, PARTIAL OR CONCURRENT NEGLIGENCE OF OWNER, to the extent permitted by law.  I, and on behalf of my guests and invitees hereby waive all claims against Owner for such Losses. 

Hereby acknowledge and agree that Owner do not assume any responsibility for or obligation to provide financial assistance or other assistance to myself or my family members, including, but not limited to, medical, health, or disability insurance in the event of Losses. 

Hereby release and forever discharge Owner and Impowered from any and all Losses whatsoever that may arise on account of any and all first aid, treatment, or medical, health, or emergency services rendered in connection with participation in the Activities. 

Hereby understand that, except as otherwise agreed to by Owner, and Impowered in writing, Owner, and Impowered do not carry or maintain health, medical, or disability insurance coverage for participation in the Activities.  I understand that I am expected and encouraged to obtain my own medical or health insurance coverage.

Hereby agree to indemnify, defend (using counsel reasonably acceptable to Owner), and save and hold harmless Owner, and Impowered from any Losses by any person or entity arising out of or in any way related to my use or participation in the Activities or arising out of or in any way related to my breach of this Waiver, WHETHER CAUSED OR CONTRIBUTED TO, IN WHOLE OR IN PART, BY THE ACTIVE, PARTIAL OR CONCURRENT NEGLIGENCE OF OWNER OR IMPOWERED, to the extent permitted by law.  

Hereby desire to participate in the Activities and acknowledge, agree, and fully understand that my use of or participation in the Activities may be dangerous and involves the risk of serious bodily injury, death, and/or property damage.  I understand and acknowledge that regardless of the care taken to avoid injuries, injuries may and sometimes occur as a result of participation in the Activities.  On rare occasions, injuries from the Activities may be so severe as to result in total disability, paralysis, quadriplegia, or even death.  I further recognize and understand that participation in the Activities may be inherently dangerous activities and pose a danger to my health, safety, and wellbeing.  I further acknowledge that I have read this express warning.  With full acknowledgement and understanding of these risks, I hereby voluntarily, expressly, and specifically assume the risk of injury or harm associated with participation in the Activities and release Owner from any and all liability for Losses that may result.  With the full understanding and awareness of the facts, I hereby state that, to the best of my knowledge, I have no medical, physical, mental, or emotional health condition that would hinder or prevent my participation in the Activities.  

Hereby acknowledge and agree that Owner makes no warranties, express or implied, regarding the condition of the Activities and I accept the Activities in their current “as-is” condition.

Hereby acknowledge and agree that Owner shall not have any obligation to repair or maintain the Activities, and that Owner shall not be obligated to provide or make available consumables or any other supplies as part of the Activities.

Hereby agree that this Waiver is intended to be as broad and inclusive as is permitted by the laws of Arizona.  Any portion of this Waiver held to be invalid under Texas law shall not affect the validity, force, and effect of any other terms and conditions herein.  For any action or legal proceeding related to or arising from this Waiver or my participation in the Activities, I hereby irrevocably submit to the jurisdiction of the competent courts of Maricopa County, Arizona, United States of America, and hereby waive any other jurisdiction which may correspond by reason of my present or future domiciles or by any other reason.  I agree that in the event that any clause or provision of this Waiver shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Waiver which shall continue to be enforceable.

Hereby agree that if I authorize or allow any third party to participate in the Activities, I agree to indemnify, defend (using counsel reasonably acceptable to Owner), and save and hold harmless Owner and Impowered from any and all claims, Losses, suits, damages, injuries, liabilities, expenses, demands and fees whatsoever, including but not limited to claims for any personal injury, death, loss, or property damage, arising out of or in any way related to such third party’s use of or access to the Activities, WHETHER CAUSED OR CONTRIBUTED TO, IN WHOLE OR IN PART, BY THE ACTIVE, PARTIAL OR CONCURRENT NEGLIGENCE OF OWNER OR IMPOWERED, to the extent permitted by law.  

Hereby understand and agree that this Waiver is binding on myself and my spouse, children, wards, heirs, legal representatives, assigns, and/or next of kin, and I agree to pay all costs and attorney’s fees incurred by Owner and/or Impowered to enforce this agreement. 

Cancellation of recurring billing and membership requires 15 days electronic notice by email.

I HAVE READ THE FOREGOING WAIVER, FULLY UNDERSTAND ITS TERMS AND BY SIGNING UP,  I FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME BY OWNER, AND/OR IMPOWERED.