Sweat & Sunshine Liability Waiver and Release First Name *Last NameDate *Email AddressTextDeclarations: This Agreement is entered into between Sweat and Sunshine LLC (“Guide”) and the undersigned (“Client”). The provision of outdoor fitness services by Guide to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement. Assumption of Risk: You agree that if you engage in any physical activity or exercise, including hiking or enter a public space, our premises or use any facility or equipment for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Guide or otherwise, including injuries or damages arising out of the negligence of Guide, whether active or passive, or any of Guide’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any equipment (mechanical or otherwise), sidewalks, parking lots, stairs, or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to hiking, walking, jogging, running, or any other recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Guide or otherwise. Release: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Guide (and Guide’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Guide, whether active or passive, or any of Guide’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Guide’s or anyone else’s negligent inspection or maintenance of the facility or premises. Photo Release: You agree that all photos taken by the Guide will become the property of the guide You hereby irrevocably authorize the Guide to edit, alter, copy, exhibit, publish, or distribute any photos for any lawful purpose. In addition, you waive any right to inspect or approve the finished product wherein your likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of the photo. Right to End Adventure or Experience: You agree that your adventure or experience can be canceled at any time without a refund if the guide determines that your physical condition/health, clothing, foot wear, or lack of supplies precludes you from safely completing the experience. Indemnification: By execution of this agreement, you hereby agree to indemnify and hold harmless Guide from any loss, liability, damage, or cost Guide may incur due to the provision of guided hiking by Guide to you. Acknowledgments: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Guide offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Guide for Guide’s negligence, or for any defective product used while participating in your guided hike. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. I have read and understood the about waiver and release. I affirm that I am at least 18 years of age, or, if I am under 18 years of age, I have obtained the required consent of my parents/guardians as evidence by their signatures below.Signature *Enter your first and last name to sign and agree, then select submit. Submit