In consideration of Advanced Wellness, LLC (the "Company") furnishing services and/or nutritional supplements to enable me to participate in and receive nutritional therapy from the Company, I agree as follows:
I fully understand and acknowledge that (a) nutritional therapists are not trained to provide medical diagnoses, and no comment or recommendation should be construed as being a medical diagnosis; (b) the Company does not guarantee any specific result from its programs; (c) risks of serious injury exist in my performance of physical exercise; (d) my participation in such activities, programs and/or use of nutritional supplements may result in my injury or illness, including but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, blindness, heat stroke, heart attack, death or other ailments that could cause serious disability; (e) these risks and dangers may be caused by the negligence of the owners, employees, representatives or agents of the Company, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes. These risks and dangers may arise from foreseeable and unforeseeable causes; and (f) by my participation in these activities and/or the use of nutritional supplements, I hereby assume all risks and dangers and all responsibility for any losses and/or damages whether caused in whole or in part by the negligence or other conduct of the owners, employees, representatives or agents of the Company or by any other person.
I willingly agree to comply with the stated and customary terms and conditions for participation in programs and activities of the Company. If, however, I observe any unusual significant hazard during my participation, I will remove myself from participation and bring such to the attention of an agent or representative of the Company immediately.
I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to release, waive, discharge, and indemnify the Company and its owners, employees, representatives and agents against any losses and liabilities and from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise, which may arise out of my participation in the Company's nutritional therapy programs, including without limitation, my use of nutritional supplements and my performance of physical exercise. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, employees, representatives and agents of the Company.
In further consideration of allowing me to participate in the aforementioned nutritional therapy programs, I hereby agree to submit to binding arbitration any and all claims which I believe I may have against the Company. The arbitration shall be pursuant to the rules of the American Arbitration Association. The arbitrators shall apply the Federal Rules of Evidence to all proceedings. Arbitration shall be commenced within one year from the date on which any alleged claim first arose. Further, the arbitration shall be held in the state where the Company is located, unless otherwise mutually agreed to by all parties. The submission to the American Arbitration Association shall be unlimited and the arbitration award may be enforced by any court of competent jurisdiction.
I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE IT IS MY INTENTION TO EXEMPT AND RELEASE ADVANCED WELLNESS, LLC FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.