DECLARATIONS: It is expressly agreed that no money or anything of value has been exchanged between the owner of this Blog or Website and you. NO LEGALLY ENFORCIBLE AGREEMENT has been entered into between personal trainer/health coach Kitty J. Mackey (Trainer) and the undersigned (Client). Your access to the personal accounts of Trainer's blogs, videos, programs, diet, worksheets, info graphics, products, exercises is contingent upon this your acknowledgement that you have read and agreed to this Disclaimer of Liability.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity based upon the personal accounts of Trainer, 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 use of the blogs, videos, programs, diet, product and exercise personal accounts from or relating to Kitty J Mackey's personal training blog. Your assumption of risk includes, but is not limited to, your use of the blogs, videos, programs, diet, and product and exercise from or relating to Kitty J Mackey's personal training blog. You assume the risk of your participation in any and all activity/ use of the blog, videos, programs, diet, and product and exercise based upon the personal accounts from or relating to Kitty J Mackey's blog. You agree that if you replicate any of Trainer's activities shared on her blog that you are knowingly and voluntarily participating in the aforementioned activities and assume all risk of injury, side effects, illness, damage, or loss to you or your property that might result. You acknowledge that before participating in any activity involving use of the personal accounts of Trainer that you will seek the advice of your medical doctor about your abilities and limitations including health circumstances that might make it inappropriate for you do engage in similar or same activities as shared by Trainer.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive. This waiver and release of liability includes, without limitation, injuries, side effects, illness, and damages which may occur as a result of your replication and use of any of the personal accounts of Trainer shared with you on her blogs, e-mails, videos, programs or relating to Kitty J Mackey's personal training/health coaching blog. It is prudent to always consult your physician before beginning any exercise program. Kitty J Mackey's personal training/health coaching is intended as general information and is not intended to diagnose any medical condition or to replace your healthcare professional.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training/health coaching by Trainer 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 in the State of Washington 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 Trainer offers only personal accounts of her fitness and nutrition regime. Trainer’s site may include automatically generated ads for products. Trainer is not in the business of directly selling weightlifting equipment, nutritional supplements, foodstuffs, exercise equipment, or any other such products to the public. You acknowledge and agree that Trainer does not directly place such items into the stream of commerce. Trainer’s site may include automatically-generated advertisements from products available through Amazon.com. Trainer is not responsible for any products subsequently purchased by you from Amazon.com. 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 Trainer for negligence. You have READ and knowingly 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.