Assumption of Risk, Waiver and Release of Liability, and Indemnity

For the purposes of this document, “Brains & Gains” encompases the ebook itself and participation in any Brains & Gains Tier Support.

ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, change your diet or any lifestyle factors, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from following any advice whether provided to you by Marisa Chaela as a part of Brains & Gains or otherwise, including injuries or damages arising out of the negligence of Marisa Chaela, whether active or passive.

Your assumption of risk includes, but is not limited to, your application of Brains & Gains and your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment.

You assume the risk of your participation in any activity, class, program, instruction, or event as a part of Brains & Gains, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor.

You assume the risk of any complications, health or otherwise, that may result from participation in Brains & Gains. You represent and warrant that you are physically fit and have no medical condition which would prevent your full participation in Brains & Gains.

You agree that you are voluntarily participating Brains & Gains and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.

RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Marisa Chaela (and Marisa Chaela’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Marisa Chaela, whether active or passive.

This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, and/or (d) slipping or tripping and falling while implementing Brains & Gains or while traveling for Brains & Gains, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.

INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Marisa Chaela from any loss, liability, damage, or cost Marisa Chaela may incur due to the provision of providing Brains & Gains to you.

ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

You acknowledge that Brains & Gains includes instruction about fitness and health and recognize that these activities may cause physical injury and are fully aware of the risks and hazards involved.

You acknowledge that it is your responsibility to consult with a physician prior to and regarding your participation in Brains & Gains.

This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement.

You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against trainer for trainer’s negligence, or for any defective product used while receiving personal training from trainer. You have read and voluntarily agreed to the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

Brains & Gains Disclaimer

This disclaimer governs the use of this fitness program (ebook), coaching and services accessory to it.  By using this fitness program (ebook), coaching and services accessory to it, you accept this disclaimer in full.

Marisa Chaela is not a Medical Doctor or Registered Dietitian. The contents of this document should not be taken as medical advice. It is not intended to diagnose, treat, cure, or prevent any health problem, nor is it intended to replace the advice of a physician. The use of any information provided on this fitness program (ebook), coaching, and services accessory to it is solely at your own risk. Marisa Chaela will not assume liability for any direct or indirect losses or damages that may result including, but not limited to, economic loss, injury, illness, or death. While this program is designed by a Certified Personal Trainer, since this fitness program (ebook only option) does not involve any kind of live interaction with a certified personal trainer, exercise care while performing all exercises and/or applying all advice herein.

You should consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately and consult a health professional.

This fitness program (ebook), coaching and services accessory to it offer health, fitness and nutritional information and are designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this fitness program (ebook), coaching, or services accessory to it. 

Developments in medical research may impact the health, fitness and nutritional advice that appear here. No assurance can be given that the advice contained in this fitness program (ebook), coaching and services accessory to it will always include the most recent findings or developments with respect to the particular material.

If you think you may be suffering from any medical condition you should seek immediate medical attention.  You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in the fitness program (ebook), coaching and services accessory to it.

 To the maximum extent permitted by applicable law, I exclude all representations, warranties, undertakings and guarantees relating to the fitness program (ebook), coaching and services accessory to it.

 Without prejudice to the generality of the foregoing paragraph, I do not represent, warrant, undertake or guarantee:

• that the information in the fitness program (ebook), coaching and services accessory to it is correct, accurate, complete or non-misleading;

• that the use of the guidance in the fitness program (ebook), coaching and services accessory to it will lead to any particular outcome or result; or

• in particular, that by using the guidance in the fitness program (ebook), coaching and services accessory to it you will improve your health or help you lose weight.

All documents included or exchanged between Marisa Chaela and the Client are the intellectual property of Marisa Chaela and are not to be copied, sold, published, posted, or redistributed either in part or in full without the written consent of Marisa Chaela. All violations will be prosecuted to the fullest extent of the law.