Terms and Conditions

Services Provided by OTM Athleticsx14Fit40

The services offered through the entities OTM (Out the Mud Athletics) or 14Fit40 are administered and run by OTM, the duly registered and insured entity. Both appellations are interchangeable, but in this waiver, they will collectively appear as "OTM Athleticsx14Fit40."

Assumption of Risk

The undersigned hereby acknowledge and agree to understand the nature of the activities associated with their participation in (OTM Athleticsx14Fit40) and declare the following:

1. The Participant is in good health and in proper physical condition to participate in the activities provided by (OTM Athleticsx14Fit40).

2. The undersigned acknowledge that certain inherent risks and dangers are associated with these activities, and that, except as expressly set forth herein, they knowingly and voluntarily accept and assume responsibility for these risks.

These activities include but are not limited to online fitness coaching, one-on-one personal training, consultations, and nutritional recommendations. Additionally, any and all outdoor activities and transportation to and from said outdoor activities are included.

Consultation with Personal Doctors

All participants in (OTM Athleticsx14Fit40) services are required to consult with their personal/individual doctors to obtain clearance for participation in any of our services or activities. It is the responsibility of the participant to ensure that they are medically fit for the activities.

Release and Waiver

The undersigned hereby RELEASE, WAIVE, DISCHARGE, and COVENANT NOT TO SUE (OTM Athleticsx14Fit40), or any subdivision thereof, and each of them, their officers, and employees (collectively, OTM Athleticsx14Fit40), from and for any liability resulting from any personal injury, accident, or illness (including death), and/or property loss, however caused, arising from or in any way related to Participant’s participation in any and all activities associated with (OTM Athleticsx14Fit40), except for those caused by the willful misconduct, gross negligence, or intentional torts of the above parties, as applicable.

Indemnification and Hold Harmless

The undersigned also hereby agree to INDEMNIFY, DEFEND, and HOLD the Releasees HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including but not limited to attorney’s fees, arising from or in any way related to Participant’s participation in any and all activities associated with (OTM Athleticsx14Fit40), except for those arising out of the willful misconduct, gross negligence, or intentional torts of the above parties, as applicable.

Severability

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

Entry onto Property

I understand that entry onto property located at (15 Talbot Ave) is at my own risk. I assume all risks associated with entry, including but not limited to falls, contact with other people, use of facilities located on the subject property, the effects of weather, including high heat and/or humidity and snow/ice, the conditions of the paved and unpaved areas of the Subject Property, all such risks being known and appreciated by me.

Insurance

I acknowledge that OTM Athletics, as the registered business, carries appropriate liability insurance coverage. I understand that any claims arising out of the fitness class will be subject to the terms and conditions of that insurance coverage.

Photography and Video

I grant permission to 14fit40 and OTM Athletics to use photographs and videos taken during the fitness class for promotional and marketing purposes.

Acknowledgment of Understanding

The undersigned have read this assumption of risk, release and waiver of liability, and indemnity agreement, and have had the opportunity to ask questions about the same. The undersigned fully understand this assumption of risk, release and waiver of liability, and indemnity agreement, that the undersigned are giving up substantial rights in connection therewith, and that its terms are contractual, and not a mere recital. The undersigned acknowledge that they are signing this agreement freely and voluntarily.