Instructor Training Waiver

For and in consideration of Precious Peach Ltd., (“PPL”) permitting me to enroll and participate in the Callanetics Instructor Training (“CIT”), I hereby agree to the terms and conditions set forth in this Agreement. 

I represent that I am fully aware of the potential dangers incidental to engaging in the fitness activities in the CIT and that I will consult with my physician or other health care professional before participating in the CIT. 

I hereby voluntarily indemnify, release from liability, and hold harmless PPL’s affiliates, and all of their respective officers, licensees, directors, agents and employees (collectively, the “Released Parties”) for any accident, injury, illness, death, loss, damage to person or property, or other consequences suffered by me arising or resulting directly or indirectly from my participation in the CIT. If I am injured or become ill as a result of participating in the CIT, I agree to assume any financial obligations, either through my personal health insurance, or through some other means, for any medical costs I incur. I understand, acknowledge and agree that the Released Parties assume no responsibility for any medical expenses, injury, illness, or damage suffered by me or someone related to or associated with me in connection with my participation in the CIT. 

In addition, I acknowledge, understand and agree that there is an inherent risk of exposure to COVID-19 and/or other viruses in any public place where people are present and, accordingly, participating in the CIT could increase the risk that I, or someone related to or associated with me, contracts COVID-19 or another virus. 

I hereby acknowledge that participation in the CIT may result in personal injury, illness, permanent disability, or death which may result from the actions, omissions, or negligence of myself and others participating in the CIT. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself, my immediate or extended family or any other person related or associated with me (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind (“Claims”) suffered by me or any other person arising or resulting directly or indirectly from my participation in the CIT. I hereby release, covenant not to sue, discharge, and hold harmless the Released Parties of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. 

I also voluntarily indemnify, release from liability, and hold harmless the Released Parties for any claims of negligent instruction that may arise from my teaching, marketing or providing Callanetics® classes.

I EXPRESSLY REPRESENT THAT I AM FULLY AWARE OF THE POTENTIAL DANGERS INCIDENTAL TO ENGAGING IN THE FITNESS ACTIVITIES IN THE CIT, INCLUDING BUT NOT LIMITED TO ANY ACCIDENT, INJURY, ILLNESS, DEATH, LOSS, DAMAGE TO PERSON OR PROPERTY, OR OTHER CONSEQUENCES SUFFERED BY MYSELF ARISING OR RESULTING DIRECTLY OR INDIRECTLY FROM MY PARTICIPATION IN THE CIT. IT IS MY INTENTION THAT I EXPRESSLY ASSUME ALL RISK OF PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE UPON MYSELF, MY FAMILY, AND ANY OTHER PERSON RELATED OR ASSOCIATED WITH ME, TO THE EXCLUSION OF THE RELEASED PARTIES, AND TO EXEMPT AND RELIEVE THE RELEARSED PARTIES FROM LIABILITY FOR ALL CLAIMS INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, ILLNESS, MEDICAL COMPLICATIONS, LOSS, DAMAGE TO PERSON OR PROPERTY, OR DEATH. I EXPRESSLY ACKNOWLEDGE AND AGREE THAT THIS IS A RELEASE OF LIABILITY, A WAIVER OF MY LEGAL RIGHT TO COLLECT DAMAGES IN THE EVENT OF INJURY, ILLNESS, MEDICAL COMPLICATIONS, DEATH OR PROPERTY DAMAGE AND A CONTRACT BETWEEN MYSELF AND PPL. 

Arbitration and Governing Law. Any controversy or claim arising out of or relating to this Agreement or the subjects thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in London, UK in accordance with its International Arbitration Rules. However, the foregoing notwithstanding, in the event that PPL’s exclusive license of the Callanetics IP expires or is otherwise transferred, any controversy or claims relating to this Agreement shall be resolved by the courts in Miami-Dade county, Florida, USA. 

Each party waives its rights to a jury trial. This Agreement will be governed by and construed in accordance with the laws of the State of Florida, USA, excluding any choice of law rules that would direct the application of the laws of another jurisdiction. The prevailing Party in any legal action under this Agreement will be entitled to recover its reasonable attorneys’ fees in addition to its costs and necessary disbursements. Any judgment by an arbitrator or court under this Section is fully enforceable in Instructor’s country of residence.