Yes I Can Fitness, LLC (heretofore known as YICF) and Engage Fitness Collective, LLC (heretofore known as EFC)

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DECLARATIONS: This Agreement is entered into between YICF and EFC and the undersigned (“Client”). The provision of training services by any instructor associated with YICF and EFC to Client, and Client’s use of their own choices of premises, facilities, or equipment are contingent upon this Agreement. 

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

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ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including participating in online fitness classes, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility or using any equipment, whether provided to you by YICF and EFC or otherwise, including injuries or damages arising out of the negligence of YICF and EFC, whether active or passive, or any of YICF and EFC's affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of YICF and EFC or otherwise. 

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RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge YICF and EFC (and YICF and EFC’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of EFC, whether active or passive, or any of YICF and EFC's affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries that may occur as a result of(a)   your use of any exercise equipment or facilities that may malfunction or break, (b) improper maintenance of any exercise equipment, premises, or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises. 

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INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless YICF and EFC from any loss, liability, damage, or cost YICF and EFC may incur due to the provision of fitness instruction by YICF and EFC to you. 

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ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk, and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Washington and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that YICF and EFC offer a service to clients encompassing the entire recreational and/or fitness spectrum. YICF and EFC are not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by YICF and EFC. You acknowledge and agree that YICF and EFC do not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts.  You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk, and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against YICF and EFC for negligence, or for any defective product used while receiving fitness instruction from YICF and EFC. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. I will receive information and instruction while participating in classes, health programs, or workshops offered by YICF and EFC.

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I recognize that many classes will require physical exertion, which may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in this class or any other activity associated with YICF and EFC.

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I represent and warrant that I am physically fit and have no medical conditions that would prevent my full participation in the class, health program, or any workshop. I agree to assume full responsibility for any risks, injuries, or damages, known or unknown, which I may incur as a result of participating in any of the classes delivered by Zoom or stored online.   

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I agree to hold harmless YICF and EFC, their subsidiaries, shareholders, directors, officers, employees, conference presenters, conference sponsors, their respective agents, successors, and assigns, from any and all liability whatsoever arising out of this club participation including, but not limited to physical injuries, muscle strains, tears, pulls, broken bones, miscarriage, covid-19 or other virus exposure, death, and any and all illness, or loss of personal property and income. 

I also understand that I may be videotaped, audio-recorded, and/or photographed during class, and YICF and EFC may use any and all imagery before, during, and after the event, both photos and videos, for any and all promotional and financial purposes without any compensation.  By providing my email address on any/all registration forms, I agree to receive messages from YICF and EFC, and any of its affiliates.