Participation Waiver & Hold Harmless Agreement

Welcome to my online world of virtual fitness and fun! Live Virtual classes are taught in my private Zoom room.

By purchasing, subscribing, and /or accessing one of my Live Zoom classes or On Demand Video Workouts you acknowledge that you have read and agree to the following Hold Harmless/Release of Liability.

LIVE STREAM CLASS AND ON DEMAND VIDEO WORKOUT RELEASE OF LIABILITY
For and in consideration of ERNA WALLER (“Host”) permitting the participant to enroll and participate in any and all Live Virtual Fitness classes (“Live Stream”) and On Demand Video Workouts (“On Demand”). Participant (which includes, but is not limited to, the Participant and every person, adult or child, in the location where Live Stream and On Demand is being consumed), by accessing the class through the provided link, hereby voluntarily indemnifies, releases from liability, and holds harmless Host, any and all additional presenters (collectively “Presenters”), and the Streaming Provider for any accident, injury, illness, death, loss, damage to person or property, or other consequences suffered by Participant or any other person arising or resulting directly or indirectly from Participant’s participation in the Live Stream and/or On Demand. In the event that Participant is injured, Participant agrees to assume any financial obligation, either through Participants personal health insurance, or through some other means, for any medical costs which Participant incurs. Host, Presenters, and Streaming Provider assumes no responsibility for any medical expenses, injury, or damage suffered by Participant in connection with the use of any facilities or services in connection with the Live Stream and/or On Demand.
PARTICIPANT SHOULD CONSULT THEIR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE JOINING THE LIVE STREAM OR ON DEMAND VIDEO WORKOUT. THIS IS PARTICULARLY TRUE IF PARTICIPANT HAS A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF PARTICIPANT HAS EVER EXPERIENCED CHEST PAIN WHEN EXERCISING OR HAS EXPERIENCED CHEST PAIN IN THE PAST MONTH WHEN NOT ENGAGED IN PHYSICAL ACTIVITY, SMOKES, HAS HIGH CHOLESTEROL, IS OBESE, OR HAS A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. PARTICIPANT SHOULD NOT JOIN THIS LIVE STREAM AND/OR ON DEMAND IF THEIR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT.
IF PARTICIPANT EXPERIENCES FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANYTIME WHILE PARTICIPATING IN THE LIVE STREAM AND/OR ON DEMAND PARTICIPANT SHOULD STOP IMMEDIATELY.
IT IS THE INTENTION OF PARTICIPANT BY JOINING THE LIVE STREAM AND/OR ON DEMAND TO EXPRESSLY ASSUME ALL RISK OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE UPON HIM/HERSELF, TO THE EXCLUSION OF HOST, PRESENTERS, AND STREAMING PROVIDER AND TO EXEMPT AND RELIEVE HOST, PRESENTERS, AND STREAMING PROVIDER FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH.
Participant further agrees that Participant, his/her/their spouse, assignees, heirs, guardians, and legal representatives will not make any claim against, sue or attach Host, Presenters, or Streaming Provider for any loss or damage resulting from Participants participation in the Live Stream and/or On Demand.
PARTICIPANT IS AWARE OF THE POTENTIAL DANGERS INCIDENTAL TO ENGAGING IN THE FITNESS ACTIVITIES IN THE LIVE STREAM AND/OR ON DEMAND. PARTICIPANT AGREES THAT THIS IS A RELEASE OF LIABILITY, A WAIVER OF THE PARTICIPANTS LEGAL RIGHT TO COLLECT DAMAGES IN THE EVENT OF INJURY, DEATH OR PROPERTY DAMAGE AND A CONTRACT BETWEEN PARTICIPANT AND HOST, PRESENTERS, AND STREAMING PROVIDER AND PARTICIPANT AGREES TO IT OF HIS/HER/THEIR OWN FREE WILL.
PARTICIPANT MUST BE 18 YEARS OF AGE OR OLDER TO ACCEPT AND PARTICIPATE IN LIVE STREAM AND/OR ON DEMAND. PARTICIPANTS UNDER THE AGE OF 18 MUST HAVE THE CONSENT OF PARENT OR GUARDIAN.
Participants and viewers of eRna Fit Live Stream and On Demand may not copy, reproduce, download or improperly use or share their access to any eRna Fit virtual content.