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WORKSHOP LIABILITY WAIVER AND RELEASE

In consideration for being allowed to participate in the online workshops offered by She Thrives Physical Therapy and Wellness, LLC (“She Thrives”), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby acknowledge, agree and represent as follows:

 

  1. I am at least eighteen (18) years of age.
     

  2. I am in good health and have no disability, impairment, medical condition, illness or other health-related issue which may prevent me from engaging in the workshops offered by She Thrives (the “Workshop”).
     

  3. I understand that the Workshop is not physical therapy or medical advice and should not be construed as such.
     

  4. I understand that attending the Workshop does not make me a patient of She Thrives and that the Workshop does not involve the diagnosis or treatment of any medical condition. The Workshop is not a substitute for treatment by a physician, a physical therapist, or any other medical professional.
     

  5. She Thrives recommends that I consult with a physician before participating in this Workshop or performing any of the activities discussed in the Workshop. I certify that I have not been instructed by a physician to refrain from physical exercise or from any other activities similar to those discussed in the Workshop. If I experience any pain or discomfort while engaging activities discussed in the Workshop, I will stop the activity immediately and seek medical attention.
     

  6. If I am a pre-natal or post-natal client, I have consulted with my physician and have received verbal clearance from that physician to perform physical exercise.
     

  7. I understand that I may be photographed and/or videoed while participating in the Workshop. I grant permission to She Thrives to use my likeness and/or image in photographs, videos, or other recordings for advertising, promotion or any other legitimate purpose.
     

  8. I understand that exercise is a potentially hazardous activity, and physical activity involves the risk of injury. I am voluntarily participating in the Workshop with knowledge of the dangers involved. I hereby knowingly and freely assume all risk and responsibility for any and all injury, illness, disability, death, or property damage arising from my participation in the Workshop.
     

  9. I understand that She Thrives is not responsible for any technological issues I might experience during the Workshop, such as the inability of my electronic devices to access the Workshop or the stability of my internet connection. She Thrives does not guarantee that any specific technology will be available or will work as expected, and I am responsible for making sure I have the resources necessary to access the Workshop.
     

  10. THE CONTENT PROVIDED IN THE WORKSHOP IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU ATTEND THE WORKSHOP AT YOUR OWN RISK AND THAT SHE THRIVES CANNOT AND DOES NOT GUARANTEE ANY PARTICULAR RESULT FROM YOUR PARTICIPATION IN THE WORKSHOP.
     

  11. I hereby release, discharge and covenant not to sue (and relinquish my rights to sue) She Thrives Physical Therapy and Wellness, LLC, its members, officers, agents, employees, and their respective successors and/or assigns (each a “She Thrives Party”) from and with respect to any and all liability, claims, demands, actions, suits, rights and/or causes of action of whatever kind or nature, now or hereafter existing, whether known or unknown, present or future, foreseen or unforeseen, whether caused by the negligence of She Thrives or a She Thrives Party or otherwise, that may arise from my participation in the Workshop, including, without limitation, any damage to property or bodily and/or personal injury in connection therewith. I hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which person giving the release does not know or suspect to exist at the time of executing the release. This means, in part, that I am hereby releasing any and all unknown future claims.
     

  12. I agree to indemnify and hold harmless She Thrives and any She Thrives Party from and against any loss, damage, claim, suit, liability, demand, cost and/or expense, paid or incurred by She Thrives or any She Thrives Party, or asserted against any of them (including attorney's fees, court costs and disbursements) caused in whole or in part, by, or arising directly or indirectly out of my participation in the Workshop and/or my breach of this Liability Waiver and Release.
     

  13. This Liability Waiver and Release shall be governed by the laws of the State of North Carolina, and that any action, claim or proceeding under this Liability Waiver and Release shall be commenced exclusively in the courts of Mecklenburg County, North Carolina, or the United States District Court for the Western District of North Carolina. This Liability Waiver and Release may not be revoked, terminated or amended verbally, but only by a written instrument signed by me and an authorized representative of She Thrives. All covenants contained herein are severable, and in the event of any being held invalid by any competent court, this Liability Waiver and Release shall remain intact except for the omission of the invalid covenant.

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