THE BODY BAR, LLC TERMS AND CONDITIONS AND PARTICIPATION WAIVER & RELEASE

In consideration for being permitted to participate in any and all BODYsculpt Treatment sessions, and for using the premises, facilities and equipment (individually and/or collectively,) of this independently owned and operated studio, the BODY BAR, LLC, I hereby acknowledge and agree to, on my own behalf, and on behalf of my personal representatives, heirs, assigns, executors, administrators, and next of kin, as follows:
I am aware and acknowledge that there are certain inherent risks and dangers associated with BODYsculpt Treatments, and the equipment used in BODYsculpt Treatment Sessions, whether caused by me or not.

I am aware and acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries and understand and agree that the BODY BAR, LLC provides the Studio “as is” and disclaims all warranties, express or implied, including warranties of merchantability, well-being and fitness for a particular purpose.

Upon entering the BODY BAR, LLC, I will inspect the BODY BAR, LLC and my observation and use of the same shall constitute an acknowledgment that I find and accept such premises to be safe and reasonably suited for their intended purpose(s).
If I do find any unsafe or unreasonably suited conditions with the BODY BAR, LLC I will immediately cease to continue with any treatment and/or activity and will immediately notify an employee of the BODY BAR, LLC of the unsafe or unreasonable suited conditions.

I assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of the premises of the BODY BAR, LLC and agree to use care in the use of the BODY BAR, LLC and to protect against accidents to and by other participants or individuals.

I am aware and acknowledge that the specific risks vary from one treatment to another, but range from (i) minor injuries; (ii) major injuries; and (iii) catastrophic injuries including paralysis and death. I understand that the BODY BAR, LLC shall have no responsibility to pay for medical treatment and related costs if I am hurt and/or injured. At all times, I shall comply with all stated and customary terms, posted safety signs, rules, as well as all instructions given to me by staff of the BODY BAR, LLC, whether verbally or in writing, such as through email messages.

I am aware and acknowledge that I should consult with my physician or have a physical examination before participating in any/all BODYsculpt Treatment Sessions at the BODY BAR, LLC or scheduling a BODYsculpt appointment at the BODY BAR, LLC, especially if I have a history of heart disease, high blood pressure or other chronic illness, or have other physical limitations, ailments, or pre-existing conditions.

If in the subjective opinion of the BODY BAR, LLC staff, I would be at physical risk participating in BODYsculpt Treatment Sessions, I understand and agree that I may be denied access to BODYsculpt Treatment Sessions until I furnish the BODY BAR, LLC with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing the concerns of the BODY BAR, LLC and stating that the concerns of the BODY BAR, LLC are unfounded and without medical merit.

I agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to any/all BODYsculpt Treatment Sessions and/or the Studio; release, indemnify, and hold harmless the BODY BAR, LLC, and their direct and indirect parent, as well as subsidiary affiliate entities, and each of their respective officers, directors, shareholders, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from and against any and all liability, responsibility, claims, actions, suits, procedures, costs, expenses, damages, injuries, expense, demand or cause of action that I may suffer whether with respect to personal injury, death, damage to or destruction of property, theft or otherwise that may arise out of or in any way be related to participation any or all BODYsculpt Treatment Sessions or use of the BODY BAR, LLC; and represent that I:
(a) have no medical or physical condition that would prevent me from properly participating in any or all BODYsculpt Treatment Sessions,

(b) do not have a physical or mental condition that would put me in any physical or medical danger, and
(c) have not been instructed by a physician to not participate in treatments offered by the BODY BAR, LLC

I further understand and acknowledge that neither the BODY BAR, LLC nor BODYsculpt and/or other equipment or products available in the BODY BAR, LLC Studio and therefore the BODY BAR, LLC will not be held liable for defective equipment or products.

Accordingly, to the fullest extent permitted by law, I do hereby forever release, waive and discharge the BODY BAR, LLC from any and all claims, demands, injuries, damages, actions or causes of action (collectively, “Claims”) related to my participation in any/all BODYsculpt Treatment Sessions and use of the Studio against the BODY BAR, LLC, or anyone acting on their behalf, and hereby agree to defend, indemnify and hold harmless the BODY BAR, LLC from and against any such Claims.

I am aware and acknowledge that if I have any chronic disabilities or conditions, I am at risk in using the BODY BAR, LLC BODYsculpt Treatment Sessions and Studio, and should not be participating in any BODYsculpt Treatment Sessions which could cause increased risk of injury or adverse health consequences as a result participation.

I am aware and acknowledge the BODY BAR, LLC make no claims as to medical results that can or may be obtained through participation in BODYsculpt Treatments Sessions and use of the this the BODY BAR, LLC Studio. the BODY BAR, LLC has neither suggested nor will suggest any medical treatment to me. Only licensed medical professionals are qualified to give medical advice. I am instructed not to act on the advice given by any unlicensed employee of the BODY BAR, LLC unless such advice has been verified by participant’s licensed physician.

I hereby irrevocably consent to and grant the BODY BAR, LLC the exclusive and unlimited right to use and reproduce any and all photographs, slides, moving pictures, audio and visual recordings or testimonial accounts taken by the BODY BAR, LLC or at the BODY BAR, LLC Studio and events of the BODY BAR, LLC, that contain my name, image, voice, likeness or account, in any and all media now or hereafter known, including, without limitation, the BODY BAR, LLC records, television, radio, print media and distribution over the internet, for illustration, exhibition, promotion, art, editorial, advertising, sale, press conferences, meetings, hearings, educational conferences, trade, or any other purpose whatsoever, either with or without my name or photo accompanying such use. I waive the right to inspect, approve or edit any such use or reproduction, and the BODY BAR, LLC may make any and all changes, modifications, rearrangements, additions or deletions in its use reproductions without any approval. This permission extends to all languages, media, formats and markets now known or hereafter devised. I am aware, acknowledge and agree that if any provision of this Participation Waiver and Release Form is found to be unenforceable or invalid in any way, the remaining provisions will remain in force and effect.

I acknowledge that I have read this PARTICIPATION WAIVER AND RELEASE and have received the opportunity to discuss this with my legal counsel, fully understand its terms, and understand that I am giving up substantial rights including my right to sue the BODY BAR, LLC under certain circumstances. Further, I acknowledge that I fully understand the terms of this PARTICIPATION waiver AND RELEASE is indefinite and acknowledge that I have signed it freely and voluntarily without any inducement, assurance, guarantee, or oral representation being made.