WAIVER AND RELEASE OF LIABILITY

Welcome! Before participating in Mike Grimm Fitness’s services, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us, and to have you release Mike Grimm Fitness of any liability if you get injured or sick, if you have complications or side effects, if any of your things are lost, stolen or broken, or if anything else goes wrong. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any services.

If you are a minor in the State of California or in your place of residence, your legal guardian must also sign this Waiver on your behalf.

 

PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS, YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.

 

  1. Parties. We are Wavelength Systems Inc., a Corporation in the State of California. In this Waiver, we will refer to ourselves as “Mike Grimm Fitness,” “us,” “we,”  and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver as “you” or “your.”

  1. The Activities. As part of your services with Mike Grimm Fitness, you may participate, in person or online, in scientifically-backed fitness and exercise classes, sessions, events, workshops and more, all of which may involve but are not limited to the following (“Activities”):

  1. Stretching and flexibility training in the form of fitness poses, body weight and strength exercises, breath work, meditation and relaxation.

  1. Strength and fitness training, core exercises, high-intensity exercises, flexibility training, body weight exercises, locomotor movements, stretching and resistance exercises, strength exercises, mobility, range of motion exercises, and breathing exercises.

  1. General nutritional recommendations as it relates to food and fitness supplementation for optimal health and performance.

  1. The Activities may involve physical contact, such as adjustments and tactile cueing from instructors, so please let us know in advance if you do not want these.

  1. The Activities also apply to any training sessions made available for online streaming and participation, both live or recorded and all other online offerings that take place outside of Mike Grimm Fitness’s facilities, including outdoors. You agree that you are responsible for the safe facilitation of the Activities happening outside of our facilities.

  1. Equipment. In the course of the Activities, you may use a variety of equipment, which could include but is not limited to: yoga blocks, bolsters, straps, mats, resistance bands, pillows, dumbbells, foam rollers, massage balls, free weights, barbells, treadmills, resistance bands, dumbbells, kettlebells, fitness balls, pull-up frames, TRX machines, medicine balls, Graston tools, Rolflex, rolling sticks, pilates ring, MaxPro, foam pads, wobble boards, jump rope, slider plates, straps, suspension rings, smith racks, roman chairs, tires, battle ropes, sleds, weighted bars, pilates cadillacs, pilates reformers, ab rollers, trampolines, step boxes and platforms, strength training machines, cones, agility ladders, hurdles, Blaze Pods, elliptical machines, rowers, bikes, scooters, skateboards, motorized devices, Ancore Cable System, Voltra Cable System, SkiErg and related machines, Putty, and household items (the “Equipment”). Please do not use any equipment not instructed by Mike Grimm Fitness.

  1. Inherent Risks. You understand that participation in the Activities may pose inherent risks, some more serious than others. These risks can result in serious harm and injuries that could change your quality of life, your ability to earn an income and, in very rare and extreme circumstances, could even result in death.

  1. Risks of physical injury may include but are not limited to things like muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, head injuries, concussions or concussion symptoms and PTSD.
  2. While many people experience no side effects when changing their diet, taking new supplements, or detoxing, others do. Some relatively common risks and side effects include headaches, diarrhea, loose stool, stomach/gut pain or inflammation, vomiting, exhaustion, sleep issues, and over-supplementation or improper supplementation of nutrients.  

  1. There is also a risk of exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and the use of shared space, surfaces, or Equipment.

  1. If you are pregnant or post-natal, as with any physical activity, there are additional risks to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.

  1. Participating in the Activities online poses risks, as there is no in-person supervision or space provided. You will, therefore, need to ensure the safety of the Activities by using your judgment on how to best practice them, not pushing yourself too far and not attempting anything you feel unsure how to perform.

  1. If the Activities are being performed outdoors, there are additional risks such as tripping or collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants, and other environmental factors. You understand and agree it is your responsibility to ensure a safe space and environment to perform the Activities.

 

  1. We would like to emphasize that your release of our liability is not limited in any way to these risks. The risks listed above are only examples. To be completely clear, you are agreeing not to sue us at all.

  1. Affirmation of Health. By participating in any Activities with Mike Grimm Fitness, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to engage in the Activities. If you have any pre-existing medical conditions (e.g., asthma, diabetes, heart disease), physical injuries, weakness, are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.

  1. In the event that you have Dementia and are participating in our Activities, your family or legal guardians must sign off on your health and wellness and keep Mike Grimm Fitness informed of any medical changes, including changes in medication.

  1. COVID-19 & Infectious Disease. If at any point within 14 days prior to participating in any of the Activities, you have suffered from symptoms of a communicable disease (including but not limited to fever, chills, cough, shortness of breath, or sore throat), been in close contact with someone with a known or suspected case or in a hot spot area, or else are uncertain of your health or risk of transmission, you agree not to join or participate in the Activities and you should consult with your doctor. You agree to comply with all measures and policies implemented by Mike Grimm Fitness and applicable public health guidelines as updated, including but not limited to wearing masks, personal hygiene and social distancing, and allowing your temperature to be checked before arriving to class.

  1. Voluntary Assumption of Risk. You certify that you have read this Waiver and understand the risks of participating in the Activities with Mike Grimm Fitness. By signing this Waiver or clicking “I Agree” (or something similar), you are showing your voluntary engagement and assumption of the risks of the Activities.  

  1. Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items, and Mike Grimm Fitness is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in the Activities.

  1. Release, Waiver and Indemnity. You, and whoever you may be signing this Waiver on behalf of, hereby release, hold harmless, indemnify and waive any claims against Wavelength Systems Inc. and its members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Activities with Mike Grimm Fitness, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk, and you agree to forfeit any and all forms of legal recourse that may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.  

  1. Capacity to Enter into Agreement. As we work with clients with Dementia, a Legal Guardian or Family Member must sign this agreement with binding legal authority on behalf of any such clients who do not have the capacity to enter into this Agreement themselves. By signing this Agreement, any such Legal Guardian or Family Member affirms that they have the appropriate authority and capacity to enter into an agreement on behalf of our clients for whom this is relevant.

  1. Continued Agreement. Your agreement to this Waiver will act as your continued agreement to all ensuing Activities and any further interactions with Mike Grimm Fitness, whether in person, online, or via videoconferencing tool.

  1. General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of California. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of California. Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand.

 

You agree that you have read this Waiver and fully understand its contents. You also agree to be bound to all of its terms.