LIABILITY WAIVER AND RELEASE

I hereby acknowledge and agree, as a participant in workouts, trainings, demonstrations, programs, and other activities, classes and other products or services (collectively, the “Activities”) offered by [International Myeloma Foundation] (“Myeloma.org”) by and through Myeloma.org’s website (“Website”), digital properties, or other programs (each, a “Property” and collectively, the “Properties”), to the terms set forth in this Liability Waiver and Release (this “Waiver and Release”). By clicking to accept or by participating in the Activities, I expressly consent to the following:I hereby acknowledge and agree, as a participant in workouts, trainings, demonstrations, programs, and other activities, classes and other products or services (collectively, the “Activities”) offered by [International Myeloma Foundation] (“Myeloma.org”) by and through Myeloma.org’s website (“Website”), digital properties, or other programs (each, a “Property” and collectively, the “Properties”), to the terms set forth in this Liability Waiver and Release (this “Waiver and Release”). By clicking to accept or by participating in the Activities, I expressly consent to the following:

1.  Assumption of Risk: 

(a) My participation in the Activities is at my own risk, and may expose me to inherent risks present in such Activities, including, without limitation, accidents, injury, illness or even death, and knowing such facts, I willingly accept and assume all of the risks associated with my participation in the Activities.

(b) Any products or props I may use in connection with my Activities may contain product, manufacture, design and other defects, and may not be designed, manufactured, or delivered in compliance with applicable federal and state law. Myeloma.org makes no warranty, express or implied, regarding the design, condition, fitness, or inherent safety of any such products or props in connection with the Activities or otherwise.

(c) My participation in the Activities is at my own risk and may expose me to inherent risks. My participation in the Activities may require physical exertion that may be strenuous at times, and it is my sole responsibility to consult with a physician prior to engaging in such Activities. I do not have any medical conditions (physical or mental) that would prevent my participation in such Activities or make my participation in the Activities inadvisable. Nothing on the Properties should be interpreted as a substitute for physician consultation, evaluation or treatment. I will immediately consult with your physician or health care professional in the event of any illness or injury, and I will discontinue my participation in the Activities whenever my physician so suggests or otherwise when it would be prudent to discontinue in light of any physical or mental condition. I assume the risk of any injury that may occur to me as a result or consequence of my participation in the Activities or use of any fitness equipment, failure to consult with a physician prior to engaging in such Activities, or decision to make any health, diet, or lifestyle changes.

(d) I acknowledge and agree that it is my sole responsibility to be or become knowledgeable about the proper use of all Myeloma.org products and services, I have read any accompanying operating instructions, and any Myeloma.org policies and rules that apply to my participation in the Activities, and will participate in the Activities in strict accordance with such policies and instructions.

(e) I HEREBY ASSUME FULL RESPONSIBILITY AND LIABILITY FOR ANY RISKS, INJURIES OR DAMAGE, KNOWN OR UNKNOWN, WHICH I MIGHT INCUR AS A RESULT OF PARTICIPATING IN THE ACTIVITIES, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, MUSCLE PULLS, MUSCLE TEARS, BROKEN BONES, SHIN SPLINTS, HEAT PROSTRATION, INJURIES TO KNEES, INJURIES TO BACK, INJURIES TO FOOT, OR ANY OTHER ILLNESS OR SORENESS, INCLUDING DEATH.

2. Release:

I hereby agree for myself and anyone entitled to act on my behalf (or on behalf of my estate whether I am dead or permanently or temporarily disabled), to the fullest extent permitted by law, to hold, Myeloma.org and its officers, directors, employees, trainers, owners, parents, subsidiaries, affiliates, partners, representatives, and agents (the “Released Parties”) harmless from and against any and all claims for personal injury, damages, expenses, or losses (including without limitation, reasonable attorneys’ fees at all levels) that may be sustained or suffered by me in connection with my participation in the Activities, including, without limitation, claims arising from: (i) the conduct of the Released Parties or any other participants in the Activities; (ii) the Activities and their defects of any kind, or failure to comply with applicable state and federal laws; (iii) the condition of the premises, products or props, their defects of any kind, or failure to comply with applicable state and federal laws,  (iv) my breach or default of any of the covenants or obligations under this Waiver and Release; (v) my misconduct, negligence or default or error or omission or breach of contract; and (vi) any accident, injury or damage whatsoever caused to any person, firm or corporation occurring as the result of any work or thing whatsoever done by me (or person holding or claiming through or under me) in or about the premises. I agree to indemnify, defend and hold the Released Parties harmless against and from all costs, counsel fees, expenses and liabilities incurred a result of any such claim, action or proceeding brought by me or any third party against the Released Parties. BY AGREEING TO THE TERMS OF THIS WAIVER AND RELEASE I UNDERSTAND THAT I AM KNOWINGLY, VOLUNTARILY AND EXPRESSLY WAIVING ANY AND ALL RIGHTS, CLAIMS, OR CAUSES OF ACTION OF ANY KIND WHATSOEVER THAT I MAY EVER HAVE AGAINST THE RELEASED PARTIES FOR ANY OF THE FOREGOING CLAIMS, AND ANY INJURIES, LOSSES, OR DAMAGES THAT I MAY SUSTAIN IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITIES.

3. Limitation of Liability; Waiver.

UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO ME FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES), INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY SUSTAINED DUE TO MY USE OF THE PROPERTIES OR PARTICIPATION IN THE ACTIVITIES. I EXPRESSLY ACKNOWLEDGE AND AGREE THAT SOME OF THE ACTIVITIES OR ACTIONS TAKEN BY ME, WHETHER IN CONNECTION WITH THE WEBSITE AND PROPERTIES OR OTHERWISE, CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT I VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED THEREWITH, EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION OR INACTION OR NEGLIGENCE OF MYELOMA.ORG OR OTHERS. I EXPRESSLY AGREE THAT MYELOMA.ORG DOES NOT ASSUME RESPONSIBILITY FOR THE SUPERVISION, PREPARATION, OR CONDUCT OF ANY OF THE ACTIVITIES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. IN NO EVENT WILL THE RELEASED PARTIES’ TOTAL LIABILITY TO ME FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD). BY ACCESSING THE WEBSITE AND PROPERTIES, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH THIS WAIVER AND RELEASE, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

4. General:

This Waiver and Release shall be interpreted under the internal, substantive law of the State of California without regard to the conflicts of law provisions thereof, and I hereby submit to in personam jurisdiction in the state and federal courts of the State of California. In the event that any provision contained within this Waiver and Release shall be deemed to be severable or invalid or if any term, condition, phrase or portion of this Waiver and Release shall be determined to be unlawful or otherwise unenforceable, the remainder of this Waiver and Release shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find any provision of this Waiver or Release to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

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