RELEASE OF LIABILITY
In exchange for participation in the activity of fitness classes organized by LATIN HEAT MOVES, of P.O. Box 1380, Township of Washington, New Jersey, 07676 and/or use of the property, facilities (both owned or leased), and services of Latin Heat Moves, and its proprietors, I agree for myself and (if applicable) for the members of my family, to the following:
Agreement To Follow Directions. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Latin Heat Moves, or the employees, representatives, or agents of Latin Heat Moves.
Assumption of the Risks and Release. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Latin Heat Moves for injury, loss, or damage arising out of my or my family's use of or presence upon the facilities of Latin Heat Moves, whether caused by the fault of myself, my family, Latin Heat Moves or other third parties.
Indemnification. I agree to indemnify and defend Latin Heat Moves against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Latin Heat Moves.
Fees. I agree to pay for all damages to the facilities of Latin Heat Moves caused by any negligent, reckless, or willful actions by me or my family.
Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under New Jersey law.
No Duress. I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that Latin Heat Moves has offered to refund any fees I have paid to use its facilities if I choose not to sign this agreement.
Arm's Length Agreement. This agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
Enforceability. The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be. Such invalid or unenforceable provision shall be deemed not to be a part of this agreement.
MEDIA RELEASE
Consent. I, (the “Subject”, whose name is printed below), for good and valuable consideration, the adequacy of which is acknowledged, with the understanding that LATIN HEAT MOVES (the “Producer”) will invest substantial time and expense to produce certain audio and/or visual works in reliance upon this document does hereby consent to participation in said production and to being personally identifiable in the resulting media, regardless of production method, including, without limitation, digital and analog photography and videography, and audio recordings (the “Media”) whether captured or created by Producer directly, or by those acting under Producer’s direction.
Consideration and Release. Subject completely and releases any current and future financial interest in and any physical or intellectual control of the Media to Producer and Producer’s heirs, successors, and assigns so that they may use the Media freely and at their discretion, without the need to obtain my permission or to provide me with any compensation.
Authorization and Waiver. Subject authorizes the universal and unrestricted reproduction of Subject’s voice and/or likeness in connection with the use or manipulation of the Media by Producer, Producer’s heirs, successors, assigns, and designees, and those acting with Producer’s permission and authority, in any form now existing or yet to be invented, for all purposes, including, without limitation, transmission, advertising, art, promotion, solicitation, or trade. Additionally, Subject waives any right to approve the eventual use or purpose to which the Media may be applied; or to inspect or approve the finished images, videos, advertising copy, artwork, materials, or other audio or visual matter resulting from the Media’s implementation, use, or manipulation, whether in its original form or processed, altered, blurred, distorted, combined with, or used in conjunction with any other media, and will hold Producer, Producer’s heirs, successors, assigns, and designees harmless and indemnify same against any claims or demands arising therefrom.
Entire Agreement. This agreement constitutes the sole and complete agreement between Producer and Subject and shall be governed by the laws of the state of New Jersey. Subject is not relying on any other warranty, guarantee, or representation, whether oral or written.
By signing this release, I affirm that I am of age and have the right to contract in my own name. I have read this entire document, understand its contents, and agree to the rights and responsibilities it defines for each party. This agreement shall be binding upon me and my heirs, legal representatives and assigns.
