ASSUMPTION OF RISK, WAIVER, AND RELEASE OF LIABILITY AGREEMENT
In consideration of the opportunity to participate in a virtual 5K race administered by HealthFitness Corporation (“HealthFitness”) I hereby assume all risks of injury, illness, death, or other loss arising from or in any way relating to my participation (“the Virtual 5K”). I am aware that it is my responsibility to consult with my physician to determine whether participation in the Virtual 5K is medically appropriate for me. I further understand that any recommendations regarding exercise are entirely my responsibility and that I should consult a physician prior to undergoing any changes in exercise or diet. I understand and acknowledge that I should consult with my physician before participating in any exercise program or regimen, particularly if I am pregnant, nursing, or under medical supervision for any medical condition.
On behalf of myself and my personal representatives, heirs, executors, administrators, assigns, next of kin and estate, to the fullest extent permitted by law, I hereby release, waive, relinquish, discharge from liability and covenant not to sue Massachusetts Mutual Life Insurance Company ( hereinafter refered to as MassMutual) , HealthFitness, or any of their respective Affiliates (as defined below), or any other entity that may now or in the future manage, administer or provide services, classes, activities or programs at or through the MassMutual Fitness Center (the “Releasees") from any and all claims, including claims for punitive or liquidated damages, claims for attorney’s fees, costs and disbursements, individual or class action claims, demands, actions, suits, causes of action and/or liabilities, of whatever kind or nature, in law, equity or otherwise, related to or arising, directly or indirectly, from my participation in the Virtual 5K, including but not limited to any negligent act or omission by any of the Releasees. Releasees assume no responsibility for any liability, damage or injury that may be caused by my negligent and willful acts and omissions related to or arising from my participation in the Virtual 5K, or for any personal injury, property damage or death caused by the acts or omissions of any other member of the MassMutual Fitness Center and/or any observer or participant in any MassMutual Fitness Center Activities, or any of them.
I understand at any time I may review this agreement by requesting a copy from HealthFitness staff. I agree if a court holds that any portion of this agreement is invalid, the remainder of this agreement will continue in full legal force and effect. I understand participation in the Virtual 5K is strictly voluntary, and that I may discontinue my participation at any time. I further understand HealthFitness or MassMutual may revoke my privileges to participate in the Virtual 5K at any time, in their sole discretion. I agree to be bound by and obey all the rules and policies of the MassMutual Fitness Center, HealthFitness and HealthFitness staff in my participation in the Virtual 5K.
I have carefully read this Assumption of Risk, Waiver, and Release of Liability Agreement and fully understand its terms. I sign it voluntarily with full knowledge of its legal significance and understand that I have the right to have my attorney review it. I am 18 years of age or older.
Signature:_______________________________________________________________
Print Name:_______________________________________________________________
Date:_______________________________________________________________
* The term “Affiliates” means any HealthFitness or Massachusetts Mutual Life Insurance Company branch, division, subsidiary, parent, or entity sharing common ownership and/or HealthFitness or MassMutual’s present and former officers, directors, shareholders, trustees, employees, agents, representatives, contractors, and the successors and assigns of each, whether in their individual or official capacities.
Testimonial and Endorsement Release
I, the undersigned, hereby agree to the terms of this Testimonial and Endorsement Release (“Release”), in exchange for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. This Release shall be effective on the date signed.
(1) I convey to Health Fitness, and its affiliates, successors, and assigns (collectively, “Assigns”), the unrestricted permission to copyright and use, re-use, edit, mix, duplicate, publish and republish my name, likeness, image, voice, endorsement and/or testimonial (collectively, “Material”) without restriction in any and all media now or hereafter known for endorsement, including, without limitation, in connection with any advertisement or promotion of products, services and/or personnel appearing in the following forms:
(a) Health Fitness’ internal print/online communications (which may include, without limitation, use on an intranet site, in training materials and/or promotions or used in connection with conferences); and/or
(b) Health Fitness’ external print/online communications (which may include, without limitation, use in client newsletters, promotional brochures, flyers, print advertisements, and on or in connection with the internet, social media channels or video communications);
(2) I hereby waive any right to inspect or approve the Materials or the use to which it may be applied.
(3) I understand that the consideration described above is the full and complete consideration for my services and for the permissions and rights which I have granted in this Release. I am and shall not be entitled to receive any incentive, compensation, residual payment or other consideration.
(4) I hereby certify that my endorsement or testimonial of Health Fitness’ product(s), service(s) and/or personnel is and will be true and accurate and reflect(s) my personal experience and honest belief in the quality of the product(s), service(s) and/or personnel that I am endorsing. I am providing a testimonial and/or endorsement of my own free will and without any direct or indirect compensation for making such testimonial and/or endorsement.
(5) I understand that nothing contained herein shall obligate Health Fitness or its Assigns to make any use of the Material or rights granted herein.
(6) I hereby release, forever discharge and agree to hold harmless Assigns from any and all manner of claims, demands, actions, causes of action, liability, damages, claims for punitive, special, indirect consequential and/or liquidated damages, claims for attorney's fees, costs and disbursements, individual or class action claims, and demands of any and every kind whatsoever, whether now or hereinafter arising out of or in any way connected and/or relating to Assigns’ use of Material as described in this Release, including without limitation any claims for libel, or invasion of my rights of privacy and publicity, and claims relating to any distortion or illusory effect.
(7) I hereby certify that I am over eighteen (18) years of age and competent to contract in my own name.
(8) I have read this Release before affixing my signature, and represent, warrant and covenant that I fully understand its contents. This Release shall be binding upon me and my heirs, legal representatives and assigns.
Printed Name:__________________________________________________________
Mailing Address: _______________________________________________________
City, State, Zip: ________________________________________________________
Telephone #: __________________________________________________________
Signature: __________________________________ Date: ____________________
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