PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING ANY BARWIS METHODS’ EXERCISE, NUTRITION OR RECOVERY PROGRAM, INCLUDING BUT NOT LIMITED TO ELECTRIC COUNTER PULSATION (ECP) RECOVERY SERVICE, MASSAGE THERAPY, ACUPUNCTURE THERAPY, CHIROPRACTIC THERAPY, AND PHYSICAL THERAPY (COLLETIVELY, THE “SERVICES”) TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE BARWIS METHODS SERVICES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
THE BARWIS METHODS’ SERVICES OFFER HEALTH, FITNESS AND RECOVERY INFORMATION AND ARE DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE BARWIS METHODS WEBSITE, FACILITY OR AVAILABLE WHILE PERFORMING OR RECEIVING ANY BARWIS METHODS SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE BARWIS METHODS WESBITE OR PROVIDED DURING THE PEFORMANCE OF SERVICES AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE ON THE WEBSITE OR DURING THE PEFROMANCE OF SERVICES IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
MY REPRESENTATIONS AND WARRANTIES
I affirm that I am entering a course of instruction in physical fitness, performance training and/or physical therapy and recovery. By purchasing the Services, I represent and warrant that I am cognizant of all the inherent dangers of physical fitness and therapy, and the basic safety rules for activities connected herewith. I understand that such participation will necessarily involve participation in exercises that may be physically demanding and will subject me to stress, anxiety and possible hazards along with additional risks I may encounter receiving recovery and physical therapy Services. I understand that my use of the Services involves inherent other risks of injury. I voluntarily agree to expressly assume all such risks which may result from my use of the Services.
I further affirm that (i) I have consulted my physician before engaging in any of the Services provided by Barwis Methods and have been cleared to participate in the Services, (ii) no physician has ever informed me that I have a heart condition or that I should only do physical activities recommended by a physician; (iii) I have never felt chest pain when engaging in physical activity; (iv) I have not experienced chest pain when not engaged in physical activity at any time within the past several months; (v) I have never lost my balance because of dizziness and I have never lost consciousness; (vi) I do not have a bone or joint problem that could be made worse by a change in your physical activity; (vii) my physician is not currently prescribing drugs for my blood pressure or heart condition; (viii) I do not have a history of high blood pressure, and no one in my immediate family has a history of high blood pressure or heart problems; and (ix) I do not know of any other reason I should not exercise.
MY CONSENT TO USE MY LIKENESS
As part of my use of the Services I also understand that my Likeness (as defined below) may be reposted from any social media posts that I may share of myself using the Services. I hereby irrevocably grant to Barwis Methods Training Centers, LLC, Barwis Methods Training Center of Southeast Michigan, LLC, Barwis Methods of Port St. Lucie, LLC, BMTC Management, LLC, Barwis Methods Training Center of West Michigan, LLC, Barwis Methods Training Center of Livingston County, LLC, Barwis Methods Training Center of Canton, LLC, Barwis Methods Training Center of Thousand Oaks, LLC, Barwis Methods Physical Therapy, LLC, Barwis Methods Training Center of South Florida, LLC, Barwis Methods Physical Therapy of South Florida, LLC, Barwis Methods Esports, LLC, and Barwis Methods Elite, LLC (collectively referred to as “Barwis Methods”), the right to record and/or repost my Likeness (including, without limitation, any still photographs, artistic or creative renderings or caricatures, normal actions, gestures, and facial expressions), my name (including, without limitation, any professional name or sobriquet) and/or my voice (including, without limitation, my speaking, singing and/or musical performance) (collectively, “Likeness”) on videotape, social media, film or any other audio; to incorporate the same into any Barwis Method audio visual program; to use, incorporate or publish the same in any Barwis Methods writing, book, publication and/or print medium, including Barwis Methods’ website(s), and to use or authorize the use of my Likeness in connection with the production, exhibition and exploitation in all media, whether visual or print, and all ancillary rights therein, now known or hereafter devised, throughout the universe in perpetuity and in connection with advertising, publicizing and promotion of Barwis Methods’ business, its services, programs, operations and activities, and those of its licensees in any media, whether visual or print, now known or hereafter devised. I agree that Barwis Methods shall be the exclusive owner of all copyright and other rights in and to any media, whether visual or print, using my Likeness, and any excerpts therefrom, and that Barwis Methods will have the exclusive right to use, and license or otherwise authorize others to use my Likeness, in any manner Barwis Methods wishes and in any and all media now known or hereafter devised, throughout the universe in perpetuity.
GENERAL DISCLAIMER, RELEASE AND LIMITATION OF LIABILITY
I hereby release Barwis Methods and its members, affiliated companies, shareholders, directors, managers, employees, faculty, staff, agents, and instructors (collectively, the “Releasees”), from any legal liability for direct, indirect, incidental, special, consequential, punitive, or exemplary damages for injury or death, including, but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses, any and all economic loss, caused by, arising out of, or resulting from my use of the Services or in any way connected with my use of the Services, whether such injury or death was cause by the alleged negligence of Releasees, another participant, or any other person or cause. This agreement will apply for each and every instance in which I use the Services without requiring me to sign an additional form for each day or use of the Services.
I also hereby release the Releasees from any and all claims, demands, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising from any personal injury or monetary damages I may suffer in connection with the exploitation and the use of my Likeness and the use of ideas or words expressed by me in any Barwis Methods media, whether visual or print, or acts done by me in connection therewith. I agree not to make any tort claim regarding such exploitation, including but not limited to defamation, moral rights, invasion of privacy, portrayal in a false light and emotional distress. In the event of any question of the performance of my obligations, I agree that I shall not seek injunctive relief against Barwis Methods (and/or Barwis Method’s assignee(s)), and that my relief in such circumstances will be limited to a claim for monetary damages.
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.
I further agree to defend and indemnify Releasees for loss or damage, including any that result from claims or lawsuits for personal injury, death, or personal property damage, relating to the Services. As stated above, I represent that I am in satisfactory physical condition to participate in the Services, and I acknowledge that Barwis Methods is relying upon such representation in permitting me to engage in the Services.
This agreement is governed by the laws of the State of Michigan, and exclusive jurisdiction and venue shall be in the Circuit Court of Wayne County, Michigan. If any part of the agreement is determined to be unenforceable, all other parts shall be given full force and effect. The undersigned, (individual, parent or guardian) acknowledges that she/he is signing this agreement on behalf of (themselves, or a minor) and that the (individual or minor) shall be bound by the terms of the agreement. This agreement shall be binding on the participant’s assignees, subrogors, heirs, next of kin, executors and personal representatives.