Agreement and Release of Liability
1. In consideration of being allowed to participate in the fitness training activities, nutritional guidelines, and programs of Traci D Mitchell/DM Nutrition & Fitness, LLC. and to the use of its facilities, equipment, and services, in addition to the payment of any fee or charge, I do hereby forever waive, release, and discharge Traci D Mitchell/DM Nutrition & Fitness, LLC. and its officers, agents, employees, representatives executors, and all others acting on their behalf from any and all claims orliabilities for injuries or damages to my person and/or property, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf, arising out of or connected with my participation in any activities, programs, or services Traci D Mitchell/DM Nutrition & Fitness, LLC. or the use of any equipment at various sites, including home, provided by and/or recommended by Traci D Mitchell/DM Nutrition & Fitness, LLC.
2. I have been informed, understand, and am aware that strength, flexibility, and cardio exercises, including the use of equipment, are potentially hazardous activities. I also have been informed, understand, and am aware that fitness activities involve a risk of injury, including a remote risk of death or serious disability, and that I am voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding, and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death.
3. I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation or use of equipment or machinery. I do hereby acknowledge that I have been informed of the need for a physician’s approval for my participation in the exercise activities, programs, and use of exercise equipment. I acknowledge that I have either had a physical examination and have been given my physician’s permission to participate, or that I have decided to participate in the exercise activities, programs, and use of equipment without the approval of my physician and do hereby assume all responsibility of my participation in said activities, programs, and use of equipment.
4. I understand that any nutritional suggestion given by any person affiliated with Traci D Mitchell/DM Nutrition & Fitness, LLC., including, but not limited to, nutrition coaches and fitness trainers, is not considered a diet or medical advice and discharge Traci D Mitchell/DM Nutrition & Fitness, LLC. and its officers, agents, employees, representatives, executors, and all others acting on their behalf from any and all claims or liabilities for injuries or damages to my person and/or property.
5. I understand that Traci D Mitchell/DM Nutrition & Fitness, LLC’s. provision and maintenance of an exercise/fitness program for me does not constitute and acknowledge, representation, or indication of my physiological well being, or a medical opinion relating thereto.
Talent Photo Release
I hereby grant to the Traci D Mitchell/DM Nutrition & Fitness, LLC. (“Traci D Mitchell”) permission to use my image, name, voice, and biographical information in conjunction with the airing, promotion or publication of the materials recorded for all purposes related to the Materials and/or for the promotion of Traci D Mitchell in all media at all times as selected by Traci D Mitchell. The rights granted to Traci D Mitchell in this letter shall be binding upon my heirs and assigns.
I have all necessary rights for the granting of permission as set forth in this letter. The use of my image, name, and voice in conjunction with the Materials will not, to the best of my knowledge, violate the rights of any person or entity.
The Materials may be duplicated, packaged and offered for sale without further clearance or permission needed from me.
It is agreed that the foregoing grant of rights is made for promotional consideration only, and Traci D Mitchell’s exercise of the grant of these rights shall be deemed full consideration for such grant.