Waiver, Assumption of Risk and Indemnity Agreement
I, hereby acknowledge and agree to the following:
- I agree as a precondition to my participation in My Viva Plan® to be strictly bound by the terms of this Waiver, Assumption of Risk and Indemnity Agreement.
- I have consulted with a physician prior to engaging in My Viva Plan’s® online fitness videos, challenges and bonuses. The physician has confirmed that I am in good health and able to participate in My Viva Plan’s® online fitness videos, challenges and bonuses.
- I recognize that this program may involve strenuous physical activity (including, but not limited to, strength and resistance training, cardiovascular and endurance training, and various other fitness activities).
- I acknowledge the risks associated with taking on a new exercise program (including, but not limited to, heart attack, stroke, broken bones, sprains, strains, shin splints, injury to back, knees or foot, or any other illness or soreness that I may incur, including death, as well as damage to personal or public property).
- I ASSUME FULL RESPONSIBILITY AND IN CONSIDERATION OF MY VIVA INC®. PROVIDING ACCESS TO MY VIVA PLAN AND ITS ONLINE VIDEOS, AND OTHER VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, RELEASE MY VIVA INC. AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, INSURERS, AND AGENTS FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DAMAGES, LOSS, COSTS, EXPENSES, LIABILITY AND DEMANDS OF EVERY NATURE ARISING NOW OR IN THE FUTURE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO PERSONAL OR PUBLIC PROPERTY AND ANY PERSONAL INJURY WHATSOEVER THAT I MAY SUFFER (INCLUDING, BUT NOT LIMITED TO, HEART ATTACK, STROKE, BROKEN BONES, SPRAINS, STRAINS, SHIN SPLINTS, INJURY TO BACK, KNEES OR FOOT, OR ANY OTHER ILLNESS OR SORENESS THAT I MAY INCUR, INCLUDING DEATH) THROUGH MY PARTICIPATION, DIRECTLY OR INDIRECTLY, IN MY VIVA PLAN’S ONLINE FITNESS VIDEOS, CHALLENGES AND BONUSES.
- I FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS MY VIVA INC®. AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, INSURERS, AND AGENTS FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DAMAGES, LOSS, COSTS, EXPENSES, LIABILITY AND DEMANDS OF EVERY NATURE , INCLUDING ANY LEGAL FEES (ON A SOLICITOR AND OWN-CLIENT FULL INDEMNITY BASIS) ARISING NOW OR IN THE FUTURE WHICH ARE CREATED BY OR ARISE OUT OF MY PARTICIPATION IN MY VIVA PLAN.
- I acknowledge and agree that I will not share My Viva Plan’s® materials, including online videos, with any other person and that, if I do, I understand that I am solely responsible for any harm caused by or to any other person or persons for any and all personal injury or damage to personal or public property. I SHALL FULLY INDEMNIFY AND HOLD HARMLESS MY VIVA INC. AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, INSURERS, AND AGENTS FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DAMAGE, LOSS, COSTS, EXPENSES, LIABILITY AND DEMANDS OF EVERY NATURE ARISING NOW OR IN THE FUTURE, FOR ANY DAMAGE TO PERSONAL OR PUBLIC PROPERTY AND ANY PERSONAL INJURY WHATSOEVER THAT SUCH PERSON OR PERSONS MAY CAUSE OR SUFFER, INCLUDING ANY LEGAL FEES (ON A SOLICITOR AND OWN-CLIENT FULL INDEMNITY BASIS) THAT MY VIVA INC. MAY INCUR.
- I have read and understood the terms of this Waiver, Assumption of Risk and Indemnity Agreement, and voluntarily agree to be bound by them, without duress and after having been provided the opportunity to obtain independent legal advice. I UNDERSTAND THAT THIS DOCUMENT CONTAINS A PROMISE NOT TO SUE MY VIVA INC. OR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, INSURERS, AND AGENTS. I have not been influenced by any representations or statements made by or on behalf of My Viva Inc®., other than those expressly referred to in this Release.
- This Waiver, Assumption of Risk and Indemnity Agreement shall ensure to the benefit of and be binding upon the parties hereto, together with their respective heirs, executors, administrators, successors and assigns.
(Last updated August 5, 2021)
