100 DAYS OF DISCIPLINE
The Agreement is for the right to participate in an Online Discipline (OD) Challenge: ‘The 100 Days of Discipline’, hereby agrees to this waiver and release. I recognize that the Activity may have a risk of personal injury and/or damage to my property. I hereby freely assume all risks which may be associated with or result from participating in the Activity including, but not limited to:
1. The 100 Days of Discipline challenge is a series of body weight workouts, such as pushups, pullups and lunges, done every day, once a day, over a span of 100 days. Participants may experience soreness or tiredness over the span of the challenge.
2. Participants may feel sore or tired and are encouraged to stretch, drink lots of water, eat high quality food, sleep well and communicate how they are doing with the team actively.
3. Participants will often experience and confront several types of fear, doubt and other vulnerable emotions and are encouraged to communicate how they are doing with the team actively.
4. Injuries are remarkably rare and you are not likely to encounter them, however they may occurr and you need to be mindful. Injuries occur more often when the participants are using drugs or alcohol or not physically able to undertake the activity.
5. Participants agree that the OD has no responsibility for medical care provided to me, and I agree to pay all costs associated with such care.
6. Participants authorize and release to the OD the use of my image in any photograph, audio recording, or video recording for any purpose of the OD with no compensation of any kind afforded to me.
7. No refunds will be offered under any circumstances in pertaining to this agreement. In the event of termination of this Agreement, Participant agrees to pay the Total Payment Amount pertained; provided, however, that the OD may terminate this Agreement at any time. In the event that the OD terminates this Agreement, the OD agrees the Participant is not obligated to make any remaining payments for Services not yet provided.
8. OD makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the. In no event shall the OD be liable to the Participant for any indirect, consequential or special damages. Notwithstanding any damages that the Participant may incur, the OD’s entire liability under this Agreement, and the Participant’s exclusive remedy, shall be limited to the amount actually paid by the Participant to the OD under this Agreement for all services rendered through and including the termination date. Participant agrees that the OD is not liable or responsible for any actions or inactions, or for any direct or indirect result of any services provided by the OD.
9. OD reserves all ownership rights to the Materials. Participant agrees to not share, copy, distribute, disseminate, or sell the Materials for either commercial or non-commercial purposes. Each party understands and agrees that its breach or threatened breach of confidentiality or intellectual property rights will cause irreparable injury to the other party and that money damages will not provide an adequate remedy for such a breach or threatened breach, and both parties hereby agree that, in the event of such a breach or threatened breach, the non-breaching party will also be entitled, without requirement of posting a bond or other security, to seek equitable relief, including injunctive relief and specific performance. The parties’ rights under this Agreement are cumulative, and a party’s exercise of one right shall not waive the party’s right to assert any other legal remedy.
10. In the event of a dispute arising out of this Agreement that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
11. This Agreement shall be governed and construed in accordance with the laws of where both Parties reside, without giving effect to any conflicts of law’s provisions. If the Parties reside in different areas, this Agreement shall be governed by and will be construed in accordance with the laws of the
Province of British Columbia and the laws of Canada applicable therein.
I acknowledge and accept the information in this document.