The undersigned Participant, including FGE Advanced Participants, (“Participant”), for and in consideration of, Freedom Group Exercise, LLC/Inc. & all of its group exercise formats (e.g., BANG, Freedom Barre and RISE – “FGE & BFBR”) permitting the Participant’s enrollment and participation in BANG/Freedom BARRE/RISE Online Education (“Online Education”), and for other good and valuable consideration herein acknowledged as received, hereby agrees to release from liability, and hold harmless FGE & BFBR, its parent companies, their affiliates, officers, directors, employees, agents, contractors, successors, assigns, and any facility in which Online Education take place each an “Indemnified Party”, for any accident, injury, illness, death, loss, damage to person or property, or other consequences to the Participant arising or resulting, directly or indirectly, from Participant’s participation in Online Education, except with the respect to the gross negligence or willful misconduct of any Indemnified Party.
Participant acknowledges that the Online Education involve strenuous physical activity and that there exists a risk of personal injury, including, but not limited to: pulled, torn or strained muscles; sprains; broken bones; slips; trips; falls; heart attack; stroke; and death. Participant hereby acknowledges expressly the existence of, and assumes any and all, risk of injury which could occur by reason of participation in Online Education. Furthermore, Participant hereby waives any right to bring any cause of action which may arise from participation in Online Education and assumes financial responsibility for all costs, medical and otherwise, which Participant may incur as the result of an injury sustained or exacerbated during Online Education, except to the extent caused by the gross negligence or willful misconduct of any person or entity other than Participant.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, IT IS THE INTENTION OF PARTICIPANT BY SIGNING BELOW TO ASSUME EXPRESSLY ALL RISK OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, TO THE EXCLUSION OF FGE & BFBR AND TO EXEMPT AND RELIEVE FGE & BFBR FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH.
Participant further agrees to indemnify, defend and hold harmless FGE & BFBR, its parent companies, their affiliates, officers, directors, employees, agents, contractors, successors, and assigns, to the greatest extent possible under applicable law from and against any and all judgments, fines, penalties, amounts paid in settlement, costs, expenses, damages, and any other amounts reasonably incurred, against, or suffered by FGE & BFBR, its parent companies, their affiliates, officers, directors, employees, agents, contractors, successors, and assigns (including reasonable attorneys’ fees) in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative arising from Participant’s use with third-parties, as a fitness instructor or otherwise, of the instruction, information, and materials provided in Online Education, except with respect to the gross negligence or willful misconduct of any Indemnified Party.
Participant agrees that FGE Online Education and On-Demand for all formats is for educational viewing and demonstration purposes only. Participant is not purchasing or licensing choreography, audio/visual footage, music, education notes or other materials from FGE. No other use of FREEDOM GROUP EXERCISE video or licensed music is indicated or allowable under this agreement.