Copyright Notice
This website and its content is copyright of Laura Diebold. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
You may print or download to a local hard disk extracts for your personal and non-commercial use only.
You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with my express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
User’s Representations, Express Assumption of All Risks, and Release of Liability Agreement
Purpose of This Binding Agreement
By reading and signing this document, “You,” the undersigned, sometimes also referred to as “User” or “I,” will agree to release and hold Laura Diebold harmless from, and assume all responsibility for, all claims, demands, injuries, damages, actions or causes of action to persons or property, arising out of or connected with your use of all training programs, services and informational content. The agreement and release is for the benefit of Laura Diebold. This agreement includes your release of these persons from responsibility for injury, damage, or death to yourself because of those acts or omissions claimed to be related to the ordinary negligence of these persons. This agreement also includes your representations as to important matters which Laura Diebold will rely upon.
A. Representations
You, the client, or individual consuming content on this website, paid or otherwise, represent:
(a) that you understand that use of content, services and programs includes an inherent risk of injury to persons and property; (b) that you are in good physical condition and have no disabilities, illnesses, or other conditions that could prevent you from exercising and using online training programs and exercises without injuring yourself or impairing your health; and (c) that you have consulted a physician concerning an exercise program that will not risk injury to yourself or impairment of your health.
Such risk of injury includes, but is not limited to, injuries arising from or relating to participation by you or others in supervised or unsupervised activities or programs through the website; injuries and medical disorders arising from or relating to use of training programs and exercises including heart attacks, sudden cardiac arrests, strokes, heat stress, sprains, strains, broken bones, and torn muscles, tendons, and ligaments, among others. If you have any special exercise requirements or limitations, you agree to disclose them to Laura Diebold before beginning a training program, supervised or otherwise, and when seeking help in establishing an exercise program, you hereby agree that all exercise and use of services, programs, and exercises on this website are undertaken by you at your sole risk. As used herein, the terms “include,” “including,” and words of similar import are descriptive only, and are not limiting in any manner.
You do hereby further declare yourself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent your participation or use of a training program except as hereinafter stated.
You do hereby acknowledge that you have been informed of the need for a physician’s approval for your participation in an exercise/fitness activity or in the use of exercise equipment.
You also acknowledge that it has been recommended that you have a yearly or more frequent physical examination and consultation with your physician as to physical activity, exercise, and use of exercise and training equipment so that you might have his recommendations concerning these fitness activities and equipment use.
You acknowledge either that you have had a physical examination and have been given your physician’s permission to participate, or that you have decided to participate in activity and use of equipment without the approval of your physician and do hereby assume all responsibility for your participation and activities, and utilization of equipment and machinery in your activities.
B. Express Assumption of All Risks
You have represented to us and acknowledged that you understand and appreciate all of the risks associated with your participation in an exercise program, including the risks of injury, disability, and death. Knowing and appreciating all of these risks and enhanced risks, you have knowingly and intelligently determined to expressly assume all risks associated with all of your activities and use of exercise programs. You understand and are aware that strength, flexibility and aerobic exercise, including the use of equipment, is a potentially hazardous activity. You also understand that fitness activities involve the risk of injury and even death, and that you are voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers involved.
C. Agreement and Release of Liability
In consideration of choosing to engage in any training program, plan or exercise found or purchased on this website, you do hereby waive, release, and forever discharge Laura Diebold from any and all responsibilities or liability from injuries or damages resulting from your participation in any activities or your use of equipment in the above-mentioned activities. You do also hereby release all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage to yourself, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with your participation in any activities of the exercise program. This provision shall apply to ordinary acts of negligence but shall not apply to gross acts/omissions of negligence, willful or wanton acts/omissions, or those of an intentional/criminal nature.
If any part of this Agreement should ever be determined by a court of final jurisdiction to be invalid, the remaining portions hereof shall be deemed to be valid and enforceable.
Acknowledgment I have read this Agreement and all of its Exhibits. I agree to be bound by the terms and conditions of the Agreement, as same exist or as same may be amended from time to time hereafter. This Agreement shall be binding upon me and my spouse, my heirs, my estate, my executors, my administrators, and my successors and/or assigns. I realize that this Agreement is designed to prevent me and/or them from filing any personal injury or other lawsuit based upon ordinary negligence, including negligent battery, or even negligent wrongful death, loss of consortium, or any other similar lawsuit arising out of any injury to me which I or they may possess hereafter. The undersigned, on behalf of myself and my heirs, executors, administrators, successors, and assigns hereby agree to indemnify Laura Diebold and all those hereby released and to hold them absolutely harmless if anyone, including the undersigned, should hereafter file suit against Laura Diebold or those released hereby for any matter intended to be released by this Agreement, including claims based upon ordinary negligence such as but not limited to personal injury, wrongful death, loss of consortium, or other similar actions.
