Read each section of this document carefully and thoroughly before signing or initialing your name. Choosing to sign this waiver results in you giving up certain rights to bring legal action against THE ATTRACTIVE MAN, LLC, its members, managers, agents, consultants, successors, and assigns (collectively “TAM”), for any distress, mental anguish, emotional injury, property damage, personal injuries, or death that you may suffer as a result of participating in any service or activity provided by TAM.
I have read and clearly understand the Cautionary Statement above:
July 25, 2021
This Participation Agreement includes assumptions of risks, waivers of liability, covenants not to sue, hold harmless agreements and releases. This document is a binding legal agreement. I, (variously “I”, “Me or My” or the “Participant”), in consideration of acceptance of my enrollment and participation in the classes, programs, workshops, boot-camps, online courses, trips, travel, and other activities and/or services offered by TAM (hereinafter referred to as the “Activity” or “Activities”), do hereby agree as follows:
- I desire to participate in the Activities (Activities includes, but is not limited to, participation in complementary activities.) TAM accepts my participation under the terms and conditions of this Participation Agreement.
- The leader of the Activities is any or all coaching staff.
- The schedule for the Activities is varied.
- The location for the Activities is anywhere.
- The cost to Me (the “Enrollment Fee”) for the Activities is dependent upon the Payment Agreement between me and TAM.
- I acknowledge and agree that my participation in the Activities is voluntary, which involves an inherent risk of exposure to injury to Me or others; that there are risks, hazards, and dangers inherent in such Activities and in the training, preparation for, and travel to and from such Activities. Dangers potentially related to the Activities may include but are not limited to distress, mental anguish, emotional injury, property damage, personal injuries, illnesses, and death.
Illnesses inlcude all kinds of infectious and non-infectious diseases, such as COVID-19 and the like.
- I acknowledge and agree that I am aware that it is My sole responsibility to participate only in those Activities for which I feel comfortable and qualified participating in.
- I acknowledge and agree that: I have read and understood the conditions applicable to the Activities; TAM does not warrant or guarantee in any respect the competency or mental or physical condition of any person affiliated with the Activities, including the coaches, instructors, participants, and other persons; and TAM makes no warranty as to the condition, safety, or suitability of any equipment, property, or premises for any purpose.
- In consideration for TAM acceptance of My participation in the Activities, I do hereby RELEASE, DISCHARGE AND COVENANT NOT TO SUE TAM, its officers, members, agents, servants, or employees (“ RELEASEES”) of and from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to my property, while participating in the Activities or while in, on or upon the premises where the activity is being conducted, regardless of cause. I am fully, personally and exclusively responsible for any cost or expense for medical, hospital, doctor, psychologist, psychiatrist, dentist or other healthcare provider services of any nature which I may incur arising from or relating to events occurring while participating in the Activities or while in, on or upon the premises where the Activities are being conducted. I further hereby agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs, including court costs and attorney fees that they may incur due to my participation in the Activities. I specifically agree to INDEMNIFY, DEFEND AND HOLD HARMLESS the RELEASEES from any claim and/or loss related to any claim filed by a third party against TAM based on or arising out of my conduct and/or participation in the Activities.
- This Waiver, Release of Liability, Assumption of Risk, Covenant Not to Sue, Indemnity and Hold Harmless Agreement shall be binding upon my heirs, personal representatives, and assigns, specifically including but not limited to members of my family and spouse.
- Notwithstanding the representations of paragraphs 2-4 above, TAM reserves the right to change the coach, schedule (including date and time) or location of any Activity. TAM will make all reasonable efforts to reasonably advise Participant of any such change, but shall not be liable for any expense incurred by Participant-related to such change, nor shall it be obligated to refund any Enrollment Fee already paid or modify any existing Enrollment Fee payment arrangement due to such change.
This particularly includes but is not limited to reschedules due to the COVID-19 pandemic.
- I warrant that I am at least 18 years of age and that I am legally competent to execute this Participation Agreement or that it is being signed for Me by my legal guardian. I further attest that I have read this consent form and fully understand its contents. IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; and this Participation Agreement is the full and complete agreement of the parties.
B. If Participant is under the age of 18, Participant’s Parent/Guardian consents to the minor’s participation in the event, consent to the entirety of this Participation Agreement, including the Waiver, Release of Liability, Assumption of Risk, Covenant Not to Sue, Indemnity and Hold Harmless Agreement. Parent/Guardian further grants consent and authority to TAM to seek reasonable and necessary medical treatment for minor Participants for injuries incurred during the Activity or on the premises and agrees to be solely and exclusively responsible for the cost of such treatment.
- This Participation Agreement shall be construed and interpreted in accordance with the laws of the State of Texas. In signing the box below I agree that TAM is in no way responsible for the safekeeping of my personal belongings or vehicle while I participate in the Activities. I understand that the Activities provided by TAM may present risks and I agree to voluntarily participate in them with full knowledge that there is the risk of distress, mental anguish, emotional injury, property damage, property loss, personal injuries, or death. I agree that neither I, my heirs, assigns, nor my legal representatives will sue or make any other claims of any kind whatsoever against TAM or its members for any distress, mental anguish, emotional injury, property damage, personal injuries, or wrongful death.
- I agree that I shall participate in the Activities responsibly. I understand that TAM is not providing any warranty regarding any value or benefit from participating in the Activities.
- To the extent not prohibited by applicable law, I agree hereby, knowingly, voluntarily, and intentionally waive any right to trial by jury that such party may have in any action or proceeding, in law or in equity, in connection with:
(i) this Agreement; or
(ii) any matter related to or associated with this Agreement.
- I agree that any dispute, controversy or claim arising out of this agreement or my participation in the Activities shall, upon written demand of either party, be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.
- The Participant understands that should he request a refund for any program, it has to fall under the exceptions stated in our "User Agreement for THE ATTRACTIVE MAN Programs" and must follow the process under our terms and conditions page on our website.
In witness of my agreement to the foregoing, I execute this document on July 25, 2021
NOTICE: YOU MAY CHOOSE TO REFRAIN FROM PARTICIPATING IN ANY ACTIVITY AT ANY TIME.