ALL PROGRAMS ARE NON-REFUNDABLE

WAIVER AND RELEASE AGREEMENT

DISCLAIMER.You should consult with your primary physician or qualified health professional before attending any physical fitness event, program, or workshop (“Program”) provided by NEW DIRECTION REHABILITATION AND WELLNESS, INCORPORATED (“New Direction”), to determine whether you are healthy enough to participate. The Program and any information you receive from New Direction do not constitute medical advice and are not intended to diagnose, treat, cure, or prevent any health problem; nor are they intended to replace the advice of your primary physician or qualified health professional. You fully understand that the Program is by no means is meant to be a prescription, recommendation, diagnosis, or treatment for any medical condition of any kind.

REPRESENTATIONS.By agreeing to use or apply any advice or instruction and/or participate in any Program provided by New Direction, you are representing that you have consulted with your primary physician or qualified health professional and are in good health and free from disability, impairment, medical condition, illness, or other health-related issue that may prevent you from safely engaging in these activities, or which poses a health risk to other participants.

ASSUMPTION OF THE RISK.You understand that your participation in any activity, and use of equipment, facilities, premises (including your home), and instruction provided by New Direction may involve risk. You agree that by engaging in any activity or using or applying any information or instruction that you receive through New Direction and/or entering onto a facility or premises of your home, or using any equipment for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage (both economic and non-economic), including permanent injury and death, you may suffer, whether you sustain injury while engaging in physical activity or not. This includes all injury or damage sustained whether arising out of the negligence of any person employed by, affiliated or contracted with, or agent of, New Direction, whether the negligence is active or passive. By participating in the aforementioned activities, you assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of New Direction or otherwise, and whether the injury or damage is related to physical activity or not.

SEPARATE CONTRACT.  Regardless of your representations above, New Direction reserves the right to refuse to allow you to participate in the Program if it deems you physically unable. In the event that you cannot participate in the Program for reasons of health, or if you want additional instruction, you may directly contract with New Direction to participate in a one-on-one or small group session under a separate contract with New Direction, although you are in no way obligated to do so.  

RELEASE.You, on your behalf and on behalf of your heirs, legal representatives, and assigns, expressly and voluntarily forever release, discharge, indemnify, and hold harmless New Direction and their owners, franchisors, subsidiaries, affiliates, employees, instructors, agents, independent contractors, volunteers, affiliated persons or organizations, and their successors and assigns (“Releasees”) from and against any and all claims, demands, actions, liabilities, losses, damages, and expenses (including attorney fees and costs) claimed or alleged, of any kind or nature, now or hereafter existing, whether known or unknown, present or future, foreseen or unforeseen, arising out of: (i) any and all negligence of Releasees (including negligent hiring, training, and retention of Releasees, negligent inspection and maintenance, and malfunction or breaking of equipment); and (ii) your participation in and receipt of any services (including training, instruction, and supervision), or use of equipment, instruction, or facilities or premises, provided by New Direction , and Releasees, including your own negligence, acts or failures to act, or mistake. This release of liability includes but is not limited to any liability arising out of any pre-existing medical condition, allergies, and/or physical health conditions that may occur as a result of actions that you voluntarily participate in during or after any event, including any social events with food and drink, provided by New Direction.

CONSENT.You consent to emergency medical care and transportation in order to obtain treatment in the event of injury as New Direction deems appropriate. This Assumption of the Risk, Release of All Claims, and Waiver (“Waiver and Release Agreement”) also extends to medical care or transportation in the event of an emergency.

INDEMNIFICATION.You agree to indemnify and hold harmless Releasees from and against any loss, damage, claim, suit, liability, demand, cost and/or expense, paid or incurred by Releasees, or asserted against any of them (including attorney fees, court costs, and disbursements) caused in whole or in part by, or arising directly or indirectly out of, your participation in any activity, or use of instruction or the equipment, facilities, or premises provided by Releasees.

MISCELLANEOUS PROVISIONS: GOVERNING LAW, VENUE, SURVIVABILITY, AND SEVERABILITY.You expressly agree that this Waiver and Release Agreement shall be construed, interpreted, and enforced in accordance with the laws of the State of North Carolina, without regard to any conflict of law principles. You agree that the terms contained in this Waiver and Release Agreement are intended to be as broad and inclusive as permitted by the laws of the State of North Carolina. You agree and consent to submit to the exclusive jurisdiction of the State of North Carolina for any dispute relating to, arising out of, or made in connection with any activity, service, instruction, equipment, facility or premise, or advice provided by New Direction, or Releasees, or this Waiver and Release Agreement. The venue of any such action or proceeding shall be brought exclusively in Guilford County. You irrevocably waive, to the fullest extent permitted by law, any objection that you may have or hereafter have to the laying of the venue of action brought in that court on the ground that the venue is an inconvenient forum. If any part of this Waiver and Release Agreement is deemed not valid for any reason, you agree that the remaining portions shall be valid and remain in full force and effect. This Waiver and Release Agreement shall survive the termination of any services provided to you by, any activity you participate in with or as a result of, or any instruction that you receive and apply from Releasees.

You acknowledge that you have carefully read in full items 1-8 of this Waiver and Release Agreement and fully understand its contents. You understand that that this is a waiver and release of all liability, and an express assumption of risk and indemnity agreement. You understand and agree that you may have given up substantial rights by voluntarily purchasing this program and participating in its contents.  Purchase of this program indicates your agreement with this Waiver and Release Agreement, and by doing so you are giving up your right to bring a legal action or assert a claim against New Direction, and Releasees for negligence, or for any defective product used while participating in any activity, receiving instruction, and using any facility, or premise such as your home using the instruction provided by New Direction Rehabilitation & Wellness. You acknowledge that your purchase of this program is acceptance of the Waiver and Release Agreement and is done voluntarily, and on your own free will without any inducement.

Terms are effective on date of purchase and will continue without expiration.