In consideration of the services offered by Craig and Jenny D, LLC, its agents, owners, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as “Craig and Jenny D”), I hereby agree to release and discharge Craig and Jenny D, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. By accepting these terms, I will not hold Craig and Jenny D responsible for any injury, illness, allergic reaction, malnutrition, undesirable result, or lack of results while engaged in a nutrition or fitness program or at any time in the future. I acknowledge that neither Craig Dumnich, Jenny Dumnich, nor any other representative of Craig and Jenny D is a physician, psychotherapist, licensed dietician, licensed nutritionist, certified personal trainer, mental health professional, or any other licensed/certified professional. I completely acknowledge that I am simply receiving advice and that it is my choice entirely whether to adhere to the proffered advice. My participation in this program is voluntary, and by signing this waiver I accept responsibility for any harm, injury, illness, damage, or death that may result from my participation.
2. ASSUMPTION OF RISK: I agree that if I engage in any physical exercise or activity, including those suggested or instructed by any representative of Craig and Jenny D, or if I use any materials or instruction provided by Craig and Jenny D or any representative thereof for any purpose, I do so at my own risk, and I assume the risk of any and all injury, illness, and/or damage I may suffer, whether while engaging in physical exercise or not, including injuries, illness, or damages arising out of the negligence of Craig and Jenny D, whether active or passive. I assume the risk of my participation in any activity, class, program, instruction, or event.
3. I understand that it is my responsibility to consult with my physician before starting a nutrition and fitness program with Craig and Jenny D. I hereby affirm that I am in good physical condition and do not suffer from any mental or physical disability which would prevent or limit my participation in a program provided by Craig and Jenny D.
4. I understand that I am participating in a program that may include strenuous physical activity including but not limited to walking, hiking, running, swimming, biking, resistance training, weight training, cardiovascular exercise and the use of conditioning and exercise equipment.
5. I fully understand that I may suffer injury and even death as a result of my participation in the program and I hereby release Craig and Jenny D from any and all liability now and in the future, including but not limited to medical expenses, lost wages, pain and suffering that may occur by reason of heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries and any other illness, soreness, or any other illness or injury, however caused, whether occurring during or after my participation in the program regardless of fault.
6. TESTIMONIAL AND PHOTO RELEASE: I hereby grant to Craig and Jenny D the right to use my name, biographical information, photographs, images, story and/or testimonial, in whole or in part, and without restriction as to changes or alterations. The rights granted herein shall extend in perpetuity, unless revoked in writing to Craig and Jenny D by me, throughout the world and for any purpose whatsoever, including without limitation for marketing and advertising purposes, and in any and all media, including without limitation Craig and Jenny D’s website. I acknowledge that Craig and Jenny D has no obligation to return any photographs or images to me. I hereby RELEASE, WAIVE and FOREVER DISCHARGE any and all claims arising out of, or in connection with, such use by Trainer, including without limitation any and all claims for libel or invasion of privacy.
7. INDEMNIFICATION: I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Craig and Jenny D from any and all claims, demands, or causes of action, which are in any way connected with my participation in the Craig and Jenny D programs, including such claims which I, my children, parents, heirs, assigns, personal representative and estate have or may have that allege ordinary negligent acts or omissions of Craig and Jenny D.
8. Any advice regarding dietary supplements provided by Craig and Jenny D is based only on opinion, and these products may not have been approved by the FDA. Any companies or products mentioned by Craig and Jenny D are not manufactured by Craig and Jenny D and Craig and Jenny D is not liable for any negative repercussions. By agreeing to these terms I am accepting that I will not hold Craig and Jenny D accountable for any issues, health related or non‐health related that may result from consuming a product suggested or recommended by Craig and Jenny D. I understand that I am responsible for understanding my own body and the health risks involved in consuming a dietary supplement or nutritional product.
9. I acknowledge that Craig and Jenny D is not in the business of selling or manufacturing exercise equipment, fitness equipment, or other such products to the public, and the use of such items is incidental to the service provided by Craig and Jenny D. I acknowledge and agree that Craig and Jenny D does not place such items into the stream of commerce.
10. I agree that the foregoing liability waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the Commonwealth of Pennsylvania and that if any portion thereof is held invalid, it is agreed that the remaining provisions shall continue in full force and effect. Likewise, I agree that any legal action is brought, it must be brought in Chester County, Pennsylvania.
11. I have read this liability waiver and assumption of risk and fully understand its terms. I understand that I am giving up my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law in the Commonwealth of Pennsylvania.
FOR MASTERS RETREATS AND TOTAL IMMERSION RETREATS
In the event that you cancel your registration prior to 30 days before the start of the event, we will refund your registration fee minus the $1500 non-refundable deposit.**
In the event that you cancel your registration within 10 days of the start of the event, there will be NO REFUND!**
FOR MASTER CLASSES AND PRIVATE COACHING DAYS:
In the event that you cancel your registration prior to 30 days before the start of the event, we will refund your registration fee minus the $500 non-refundable deposit.**
In the event that you cancel your registration within 10 days of the start of the event, there will be NO REFUND!**
