You (together with my parent or guardian, if you are under the age of eighteen or under a legal disability) represent covenant and agree, on behalf of yourself and your heirs, assigns, and any other person claiming by, under, or through you, as follows: You agree that if you engage in any physical exercise or activity, including but not limited to, any physical exercise or movement contained on the site www.JackFit.net (the “Site”), you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in the physical activities shown and/or recommended on the Site and assume all risks of injury, illness, or death.
This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of negligence, as a result of; (a) your engaging in any of the physical movements or exercises shown, demonstrated or recommended on the Site; and b) any instruction, training, supervision, or dietary recommendations shown, demonstrated or recommended on the Site. You acknowledge that you have carefully read this "Waiver and Release" and fully understand that it is a release of liability. You expressly agree to release and discharge JackFit, LLC, and any of its principals, members, managers, affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action. You agree to voluntarily give up or waive any right that you may otherwise have to bring any and all claims, causes of action, or any legal action against JackFit, LLC and any of its principals, members, managers, affiliates, employees, agents, representatives, successors, or assigns.
Indemnification
You agree to indemnify, hold harmless and, at our option, defend JackFit, LLC and any of its principals, members, managers, affiliates, employees, agents, representatives, successors, or assigns from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of the Site or our products or offerings.
The waiver, release and indemnification provisions contained herein shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the Sit shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
In any action against us arising from the use of the Site, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
Note: Should any part of the waiver, release and indemnification provisions contained herein be found by a court of law to be against public policy or in violation of any state statute or case precedence, then the remainder of this document will remain in full force.
