In consideration of the opportunity to participate in the services of Break Room Therapy, LLC (BRT), whose registration process requires me to accept this Agreement, I hereby agree to the following Waiver and Release of Liability (Agreement):
1. WAIVER AND RELEASE OF LIABILITY: My participation in BRT activities is voluntary and subjects me to the possibility of physical injury (which could be minimal, serious, and/or result in death) and loss of or damage to my property (collectively, Risks). Accordingly, I agree to the following:
a. I hereby release and hold harmless BRT, its officers, directors, employees, agents, volunteers, and contractors (collectively, Releasees) from any claim, demand, loss, liability, damages, and attorney fees and costs whatsoever arising from, related to, or resulting from these Risks (Claims), including those caused by the negligent acts or omissions of any or all of the Releasees.
b. I recognize physical exertion may be involved in the BRT activities and attest and certify that I am physically fit to participate safely, and I have not been advised otherwise by a healthcare professional.
c. As between each of the Releasees and me, I will be solely responsible for any and all medical and related bills that I may incur because of any injury, as well as costs related to loss or damage to my property, that I or my child may sustain as a result of my or my child’s participation in the BRT activities.
d. This Agreement shall be binding on my estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a Claim on my behalf or on behalf of my estate.
e. Should BRT, or anyone acting on its behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold BRT harmless for all such fees and costs.
2. GENERAL PROVISIONS:
a. I hereby expressly agree that (1) this Agreement shall be governed and construed according to the laws of the State of Michigan, without regard to its conflict of laws provisions and (2) any action or proceeding concerning any Claim or the meaning or effect of any provision of the Agreement shall be conducted only in the federal or state courts location in Kent County, Michigan, and that for such purposes, I expressly submit to the jurisdiction of such courts.
b. This Agreement contains the entire understanding between and among the parties concerning these matters. No waiver, modification, or amendment of any of the terms of this Agreement shall be effective unless made in writing and signed by the party to be charged.
c. I hereby expressly agree that if any portion of this Agreement is held invalid, the balance of the Agreement shall nonetheless continue in full legal force and effect.
I warrant that I have read and understand this Agreement involves my waiver and release of significant rights and my assumption of significant indemnification responsibilities in participating in BRT activities.
Date: February 20, 2024