1. Grant to Njoku Strong Downton Cleveland, LLC, including its subsidiaries, affiliates, employees, subcontractors, agents, assigns and other representatives (collectively the "Company") the absolute right in perpetuity to own, use, publish, broadcast, promote, display, and otherwise publicize my name, likeness, image, brand, and distinctive personal attributes (my "Personal Attributes”), which shall include, but not be limited to, any images, drawings, renderings, videos, film, videotape, magnetic tape, digital file or any other recorded medium depicting or alluding to me, in the Company’s publications and promotional materials, including but not limited to the Company’s print, online, in-person and video-based marketing and promotional materials (collectively, "Materials");
2. Waive any right that | may have to inspect, control, and/or approve any Materials that include my Personal Attributes, and waive any causes of action, liabilities, claims, damages, injuries, costs (including attorneys’ fees and costs) and any other legal or equitable rights, remedies, or awards that I or any of my representatives, agents, assigns, or heirs may have or have had as a result of, relating to, or arising out of the Company’s ownership, use, publication, broadcast, promotion, display or publicizing of the Materials, which include without limitation, any claim or cause of action associated with or involving the Materials such as claims of defamation, invasion of privacy, libel, slander, breach of confidentiality, and infringement;
3. Release the Company and any third parties involved in any aspect of the acquisition, creation, development, publication, broadcast, use, promotion or display of the Materials from any liabilities, claims, damages, injuries, costs (including attorneys’ fees and ·costs) and any other legal or equitable rights, remedies, or awards, whetheř asserted by any third party or by me, my representatives, agents, assigns, or heirs, which may result from, relate to, or arise out of the Company’s use, publication, broadcast, promotion, display or publicizing of the Materials, which include without limitation, any claim or cause of action associated with or involving the Materials such as claims of defamation, invasion of privacy, libel, slander, breach of confidentiality, and infringement;
4. Agree I have granted the rights set forth herein voluntarily to the Company, and understand and agree that I will not receive financial compensation of any kind associated with the acquisition, creation, development, publication, broadcast, use, promotion or display of the Materials, including any rights to ownership, royalties, residuals or other forms of remuneration involving the Materials;
5. and Agree that I have read, understand, agree with, and have had any and all questions and issues related to this Release and Waiver answered and addressed to my satisfaction and that I am aware of my right to have independent legal counsel review and advise me in relation to this Release and Wavier. I further represent that am over the age of 18 and have the necessary capacity to agree to this Release and Waiver.
By consenting to participate in Njoku Strong personal trainer-led Electro Muscular Stimulation ("EMS") training using FDA-cleared EMS equipment, body-composition equipment, and basic conventional gym equipment, I acknowledge and agree to the following:
1. If I have any symptoms, discomfort, pain, or any other negative experience during any EMS training session at Njoku Strong, I will immediately inform my Njoku Strong trainer, stop the session, and will consult my treating health care provider or a physician. If I experience pain or discomfort before or after the training session, I will cease activity until I have consulted with a physician
2. The EMS training may not be performed for the following contraindications. I consent I have not been diagnosed with or received treatment or other medical intervention or consultation for any of the following:
- Implanted or external medical device (e.g.,cardiac pacemaker, implanted defibrillator)
- Severe cardiovascular disease (e.g., severe heart or aortic disease)
- Severe neurological disorder
- Medication-controlled or medication-uncontrolled seizures or convulsions (e.g., epilepsy)
- Severe Neuromuscular disorder (e.g., rhabdomyolysis or any disorder affecting nervous system and muscles and causes rapid breakdown in muscle structure)
- Cancerous lesions (e.g., Breast Cancer)
- Severe nephrological disease (e.g., chronic kidney disease)
- Existence/tendency of internal bleeding
- Areas of skin that are inflamed, irritated, infected, wounded, burned or edematous (e.g., swollen, new tattoos)
3. I will inform my Njoku Strong trainer if I have any of the following:
- Metal implants – please disclose to us any such implants so we can ensure electrodes are used in a way that it is impossible for electrical current to flow through the affected area (e.g. set intensities of such channels to 0).
- Non-metallic or other implants (e.g. ceramic or silicone implants, gynecological, hormonal implants).
4. I will not engage in any type of intensive training, including EMS training, for two days before or after participating in Njoku Strong EMS training to avoid injury.
5. I have received my treating physician’s approval to participate in EMS training if I have been diagnosed with or received treatment or other medical intervention or consultation for, any of the following:
- Less severe cardiovascular condition (e.g. hypertonia, high blood pressure)
- Recent surgical procedure, medical intervention or acute trauma
- Any type of hernia (e.g. abdominal or inguinal hernia)
- Chronic disease or fever
- Contagious disease or an acute or chronic infections (bacterial or viral)
- Painful, sensitive skin or skin areas lacking normal sensation
- Menstrual cramps
- Taking anticoagulant medication
- Any medical treatment (e.g. drug treatment)
- Participation in any drug or alcohol abuse treatment
- Mental deficit (client can only use our services with guardianship)
- Any other disease or unusual, abnormal physical condition or symptom
I certify that I have read, understand, and agree with the statements set forth above and will not participate in EMS training at FITOPIA if I have any of the above contraindications and have not received a written approval of my participation in EMS training from my physician.
Release – In consideration of my participation in EMS training at Njoku Strong Downtown Cleveland LLC, I hereby release Njoku Strong from all liabilities, claims, harms, injury, demands, personal injuries (including death), causes of action, debts, controversies, judgments, suits of any kind or nature, losses of any type and including but not limited to any and all damages arising out of, related to, or resulting from my presence on Njoku Strong’s premises, my participation in any training or program at Njoku Strong, the use of any equipment, materials or space at Njoku Strong, and any Released Party’s provision of any items or services (collectively, "Claims"), whether caused in whole, or in part, from the actions, omissions, negligence, or conduct of any Released Party.
Assumption of Risks and Liabilities and Covenant Not to Sue – By executing this Release, am assuming full responsibility and risk for all Claims. I hereby waive any right may have to, and further agree to not, under any circumstances, initiate any legal proceeding or demand against any Released Party, individually or in conjunction with any other party, or otherwise join or assist in the prosecution of any Claim against any Released Party related to or arising out of my presence on Njoku Strong’s premises, my participation in any training or program at Njoku Strong, the use of any equipment, materials or space at Njoku Strong, and any Released Party’s provision of any items or services. I further agree to waive all rights, including subrogation, that my insurer may have to make any claim, lawsuit, court action, or other legal proceeding or demand against any Released Party based on payments by my insurer to me or any third party on my behalf for any reason. I acknowledge that I have read and understood all of the terms contained in this Release, and that I am voluntarily giving up substantial legal rights including the right to sue the Released Parties. I represent that l have performed a full investigation as to the potential scope and value of the claims released hereby and that I enter this agreement with full knowledge thereof.