You accept the said waiver of liability and hold harmless agreement freely, voluntarily and under no duress or threat of duress, without any inducement, promise or guarantee;
You are at least eighteen (18) years of age and fully competent to enter into a contract or agreement under applicable Indian law;
the proposed programme has been satisfactorily explained to you and you have all of the information that you desire;
You waive any right you and/or your successors might have to bring a legal action or assert a claim against
SOHFIT Health and Wellness LLP, its officers, servants, agents, employees, consultants, volunteers, successors and/or assigns;
The information provided to you is true, accurate and complete in all respects; and
You give your consent for collection, storage, use, transfer and retention of my personal, health and medical information for the purpose of availing the services offered by SOHFIT Health and Wellness LLP as per privacy policy.
YOU HEREBY AGREE, AKNOWLEDGE AND/OR REPRESENT THAT:
The training, assessments, programmes and events held by SOHFIT Health and Wellness LLP may expose you to risks (known and/or unknown), including accidents, injury, emotional trauma and/or illness. You understand that such risks cannot be eliminated; and you accept full responsibility and liability for the same; and in any event waive and abandon all claims, actions, demands etc. against SOHFIT Health and Wellness LLP in any manner in relation to the same.
You fully and solely assume all risk of injuries associated with participation including, but not limited to, falls, contact with other participants, the effects of the weather (including high heat and/or humidity), temporary or permanent disability and all other such risks and in any event you do hereby release, waive, discharge, indemnify and shall keep indemnified and hold harmless SOHFIT Health and Wellness LLP, its partners, its officers, servants, agents, employees, consultants, volunteers, successors and/or assigns (hereinafter referred to as “Releasees”) from any and all liability, claims, actions, demands, proceedings, costs, expenses and causes of action whatsoever arising out of and/or related to and/or as a consequence of any loss, damage, or injury, that may be sustained by you.
You confirm that no warranty and/or guarantee and/or other assurance, has been made to you covering the results of the selected programme and you hereby relieve, release and indemnify the Releasees and hold them harmless from any and all liabilities for injury and/or damage of any nature and/or type that may occur and/or be suffered by/to you. You fully are conscious and understand the administration of the process, including possible adverse reactions or other possible complications. You understand that results are individual specific and may vary from person to person. It is understood that this consent is being given in advance of any administration of the process and is being given by you freely, voluntarily and after fully understanding all implications in relation to the same.
As lawful consideration of the right to participate in such activities and the services being offered by the Releasees, you voluntarily assume full and complete responsibility for any and/or all risks of loss, harm, damage or personal injury that may be sustained, or any loss or damage to property as a result of being engaged in such an activity.
You expressly agree to be fully responsible for your welfare and assume all of the above risks (known and/or unknown).
You understand that the Releasees shall not in any manner be responsible nor liable for any medical costs associated with any injury, treatment or procedure.
You understand that the Releasees are not qualified to perform skeletal adjustments, diagnose and/or prescribe, and that nothing said in the course of the session should be construed as such.
You are in good physical condition and have no disease, physical limitation, health concern or injury that would be aggravated or would be the cause, directly and/or indirectly, of any injury sustained, before, during or as a result of your participation in the activities, conducted by the Releasees.
You recognise that exercise might be difficult and strenuous and there could be dangerous inherent in exercise for some individuals. You acknowledge that the possibility of certain unusual physical changes during exercise does exist.
You affirm that you have stated all your known medical conditions and answered all questions honestly.
You agree to keep the Releasees updated as to any changes in my medical profile and understand that there shall be no liability on the Releasees’ part should you forget to do so.
You shall not in any manner sue, initiate any action (legal or otherwise) or make any claim against the Releasees for any loss, damage, injury, expense or any other similar claim or risk on account of or arising out of and/or relating to your participation in the activities conducted by the Releasees; and in any event you hereby disclaim the same.
You hereby expressly agree and declare that the Releasees do not have any intention of causing any harm, hurt or injury to you and the programme and exercise provided is in good faith for the purpose of physical fitness, which you have voluntarily chosen.
You hereby declare that the programme is chosen by you independently and not as per the representation or inducement of any of the Releasees. You have been informed about the programme in detail including the exercise regime and the manner in which the equipment is to be used and you undertake that you shall abide and follow instructions strictly.
In any event, you acknowledge and agree that you assume the risks associated with any and all activities and/ or exercises in which you participate. Furthermore, you agree that you will comply with all instructions and that you are using these services at your own risk.
You agree to use all sessions within the terms of the contract dates and understand that refunds are not given on unused portions of purchased packages.
It is your express intent that this waiver of liability and hold harmless agreement shall bind the members of your family and spouse (if any), if you are alive, and your heirs, assignees and personal representatives, if you are not alive, and shall be deemed as a release, waiver and discharge of the Releasees.
You hereby further agree that this waiver of liability and hold harmless agreement shall be construed in accordance with the laws of the State of Maharashtra.
