DYNC Enterprises, Inc. Waiver

Read Carefully – This Affects Your Legal Rights

Agreement in exchange for participation in Personal Training and/or MobilaFix™ Mobility Training organized by DYNC Enterprises, Inc. (“DYNC”) of Georgia.

I agree to observe and obey all rules and warnings, and further agree to follow any oral instructions or directions given by DYNC or the employees, representatives, or agents of DYNC.

DYNC offers the opportunity to participate in a wide variety of personal training and/or mobility activities and programs (“Wellness Activities”). All participants, however, should be aware that participation in any Wellness Activities, including any offsite premise or venue, and without limitation the use of the DYNC’s equipment and facilities, and participation in Wellness Activities involve  substantial risks of bodily injury, property damage, and other risks associated with participating in such activities. Risks include, but are not limited to, broken bones, strains, sprains, bruises, concussion, infectious disease, and heart attack. Each participant participating in Wellness Activities should realize that there are risks, hazards, and dangers inherent in such activities.

I understand that the DYNC recommends I be examined by my physician before participation in Wellness Activities, especially if I have a history of heart disease, and that I consult with my physician regularly during the time that I am engaging in Wellness Activities. I acknowledge that the representatives of DYNC are not licensed medical practitioners and that their advice is therefore limited in scope and is not a substitute for medical supervision and advice.

It is the responsibility of each participant to participate only in those Wellness Activities for which he/she has the prerequisite skills,qualifications, preparation, and training. The Releasees (as defined below) do not warrant or guarantee in any respect the competency or mental or physical condition of any instructor or individual participant in any Wellness Activity.

I hereby acknowledge and agree that participation in Wellness Activities involves an inherent risk of physical injury and/or damage to property.

IN CONSIDERATION FOR BEING PERMITTED TO PARTICIPATE IN THE WELLNESS ACTIVITIES AND FOR THE BENEFITS RECEIVED FROM PARTICIPATION IN THE WELLNESS ACTIVITIES, I VOLUNTARILY ASSUME ALL RISKS OF DAMAGES OR INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY ME OR BY MY PROPERTY WHILE PARTICIPATING IN A WELLNESS ACTIVITY.

RELEASE, COVENANT NOT TO SUE AND WAIVER

For the sole consideration of being allowed to participate in the Wellness Activities for which, or in connection with which, DYNC has made available any equipment, facilities, grounds or personnel for such activities, I hereby agree to release, relieve, covenant not to sue and forever discharge, indemnify, defend and hold harmless, and on behalf of myself and my heirs, representatives, executors, administrators and assigns do hereby release, relieve, covenant not to sue and forever discharge, indemnify, defend and hold harmless, DYNC, its owners or managers, their trustees, directors, officers, agents, employees, and volunteers (“Releasees”) of any and for all claims, demands, rights, liabilities, losses, expenses, and causes of action of whatever kind or nature, including but not limited to negligence, arising from and by reason of any and all known and unknown, foreseen and unforeseen, bodily and personal injuries, damage to property (including any loss, or theft of, or damage to personal property), and the consequences thereof, including death, resulting from participation in, or in any way connected with or arising out of my participation in any Wellness Activities. The release, waiver and indemnity provided for herein shall be given effect to the fullest extent as permitted by the laws of State of Georgia, and if any portion of this release, waiver and indemnity is held invalid, the remainder shall continue to be enforced to the fullest extent permitted by law.

I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been giving a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that DYNC has offered to refund any fees I have paid if I choose not to sign this agreement.

I HEREBY WARRANT THAT I HAVE READ THIS RELEASE IN ITS ENTIRETY AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS WAIVER RELEASES RELEASEES FROM LIABILITY AND CONTAINS AN ACKNOWLEDGEMENT OF MY VOLUNTARY AND KNOWING ASSUMPTION OF THE RISK OF INJURY OR ILLNESS AND NO ORAL STATEMENTS OR AGREEMENTS CONCERNING LIABILITY HAVE BEEN MADE OUTSIDE OF THIS WRITTEN WAIVER.

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