hereby affirm that I am entering a course of instruction in physical fitness and performance training. By enrolling in this training program, I certify that I am cognizant of all the inherent dangers of physical fitness and therapy, and the basic safety rules for activities connected herewith. I acknowledge that such participation will necessarily involve participation in exercises that may be physically demanding and will subject the participant to stress, anxiety and possible hazards. I understand that the activity involves inherent other risks of INJURY. I voluntarily agree to expressly assume all such risks which may result from the activity or in any way related to my participation in the activity.
As part of the course of instruction in physical fitness and performance training I also understand that my Likeness (as defined below) may be used, taped, recorded or videotaped as part of the training. 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 (collectively referred to as “Barwis Methods”), the right to record 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, 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.
I hereby release Barwis Methods and its members, affiliated companies, shareholders, directors, managers, employees, faculty, staff, agents, instructors, all individuals assisting with the activity (collectively, the “Releasees”), from any legal liability for injury or death, including, but not limited to any and all economic loss, caused by, arising out of, or resulting from my participation in the activity or in any way connected with my participation in the activity, or my presence on the property, 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 day I engage in the activity without requiring me to sign an additional form for each day or activity.
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.
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 activity or use of any Barwis Methods equipment and/or equipment utilized by Barwis Methods for instruction in physical fitness and performance training. I represent that I am in satisfactory physical condition to participate in the activity, and I acknowledge that Barwis Methods is relying upon such representation in permitting me to engage in the activity. I authorize any person connected with the activity to administer first aid to me, as they deem necessary. I authorize medical care and transportation to a medical facility or hospital for treatment necessary for my well being, at my expense.
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.