Empowered RX LLC Waiver.

WAIVER AND RELEASE OF LIABILITY

This Waiver and Release of Liability (the "Waiver") is executed on the date listed below, by the above client in favor of Empowered RX LLC, including its owners, employees, coaches, volunteers, agents, representatives, and affiliated partners (collectively, "Empowered RX"), and TeamLift Gym, its owners, employees, agents, and representatives (collectively, "TeamLift").

1. ACKNOWLEDGMENT OF RISK

1.1 The Client acknowledges and understands that participation in weightlifting and physical fitness activities using equipment provided by Empowered RX and/or TeamLift (the "Activities") involves inherent risks. These risks may include, but are not limited to, personal injury, illness, death, or property damage, whether caused by the Client’s own actions, inaction, or negligence, or the actions, inaction, or negligence of others, including Empowered RX or TeamLift.

1.2 The Client acknowledges that Empowered RX and TeamLift will take reasonable precautions to minimize risk, but cannot guarantee safety during participation in the Activities.

2. NO SUBSTITUTE FOR MEDICAL OR EATING DISORDER TREATMENT

2.1 The Client acknowledges that Empowered RX is not a licensed medical provider, therapist, or eating disorder treatment facility, and participation in Empowered RX programs does not constitute medical or psychological treatment for any condition, including eating disorders. Empowered RX offers fitness coaching and educational support to help women heal their relationship with food, fitness, and their bodies, and is designed as an adjunct to, not a substitute for, professional eating disorder treatment.

2.2 The Client agrees to consult with their own physician, therapist, or eating disorder specialist, or RD to determine their fitness for participation in Empowered RX programs and activities.

3. ASSUMPTION OF RISK

3.1 The Client voluntarily and knowingly assumes all risks associated with participation in the Activities, including the risk of injury, illness, or death, and agrees to accept full responsibility for any and all injuries, damages, or losses that may occur.

3.2 The Client acknowledges the risks associated with the use of weightlifting equipment, including but not limited to barbells, dumbbells, kettlebells, resistance bands, and other fitness apparatus, and agrees to follow all safety instructions provided by Empowered RX and TeamLift staff.

4. WAIVER OF LIABILITY

4.1 To the fullest extent permitted by law, the Client hereby releases, waives, discharges, and holds harmless Empowered RX, its owners, employees, agents, and volunteers, as well as TeamLift, its owners, employees, and agents, from any and all liability, claims, demands, actions, or causes of action that may arise from participation in the Activities, whether caused by negligence or otherwise.

4.2 This Waiver applies to claims resulting from or related to any injury, illness, or death arising out of the Client's participation in the Activities at any Empowered RX or TeamLift location, or use of any equipment provided by Empowered RX or TeamLift.

5. INDEMNIFICATION

5.1 The Client agrees to indemnify, defend, and hold harmless Empowered RX and TeamLift from any and all claims, damages, losses, or liabilities, including attorney’s fees, arising out of or related to the Client’s participation in the Activities or use of the premises and equipment, including any claims for injury, illness, or property damage.

6. RELEASE OF TEAMLIFT FROM LIABILITY

6.1 The Client acknowledges that Empowered RX rents space at TeamLift for certain programs and activities. The Client understands that TeamLift is providing the facility and may provide general supervision but is not responsible for the coaching, instruction, or activities conducted by Empowered RX.

6.2 The Client agrees that TeamLift shall not be held liable for any injury, illness, death, or damage that occurs during the Client's participation in Empowered RX activities or while using the TeamLift facility or equipment.

7. PHOTO/VIDEO RELEASE

7.1 The Client grants Empowered RX permission to take photographs and videos of the Client during the Activities for promotional, educational, and marketing purposes, including use on websites, social media, and other marketing materials. The Client understands that no compensation will be provided for the use of these images. Empowered RX will always try to respect clientele request for social media/photo capture.

8. MEDICAL AUTHORIZATION

8.1 In the event of a medical emergency, the Client authorizes Empowered RX and/or TeamLift to obtain emergency medical care if deemed necessary. The Client agrees to bear all costs associated with such treatment.

9. SEVERABILITY

10.1 If any provision of this Waiver is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

10. ENTIRE AGREEMENT

11.1 This Waiver constitutes the entire agreement between the Client and Empowered RX with respect to the subject matter hereof and supersedes any prior agreements, understandings, or representations, whether written or oral.

11. VOLUNTARY PARTICIPATION

11.1 The Client acknowledges that they have carefully read and fully understand the terms of this Waiver, and they are voluntarily participating in the Activities. By signing this Waiver, the Client acknowledges they are giving up substantial legal rights, including the right to sue Empowered RX and TeamLift.

12. VOLUNTARY PARTICIPATION

12.1 The Client acknowledges that they have carefully read and fully understand the terms of this Waiver, and they are voluntarily participating in the Activities. By signing this Waiver, the Client acknowledges they are giving up substantial legal rights, including the right to sue Empowered RX and TeamLift.

13. CANCELLATION NOTICE

13.1 Cancellation Policy: The Client may terminate their participation in Empowered RX programs by providing a written notice of cancellation to Empowered RX at least 30 days prior to the desired termination date.

13.2 Additional Charge: Upon providing a 30-day notice of cancellation, the Client will be charged an additional one month's fee from the date of cancellation. This additional charge is non-refundable and will be billed to the Client’s account on the next billing cycle.

13.3 No Refunds: No refunds will be issued for any fees paid prior to the notice of cancellation. The Client will be responsible for payment of all fees incurred up to and including the additional month following the effective date of cancellation.

13.4 Effective Date of Termination: The effective date of termination will be the date on which the 30-day notice is received by Empowered RX. The Client will remain responsible for all obligations and charges up to and including the end of the additional month.

14. NO REFUNDS AND MEMBERSHIP FREEZING

14.1 No Refunds for Fees Paid: The Client acknowledges and agrees that all fees paid to Empowered RX are non-refundable. This includes, but is not limited to, fees for participation in programs, services, and any additional charges incurred.

14.2 No Refunds for Partial Month or Services: There will be no refunds provided for any unused portion of a month or any unused services if the Client terminates their participation before the end of their billing cycle or program term.

14.3 Fees for Additional Services: Any fees paid for additional services, including but not limited to personal training sessions, workshops, or special programs, are non-refundable once paid, regardless of whether the Client completes or utilizes the services.

14.4 Cancellation and Termination: In the event of cancellation or termination of participation, the Client remains responsible for all fees and charges up to and including the end of the additional month following the effective date of cancellation as outlined in Section 13.

14.5 Membership Freezing and Use: On a case-by-case basis, Empowered RX may allow for the freezing of memberships or the use of membership fees at a later date due to medical considerations or other extenuating circumstances. Requests for freezing or rescheduling must be made in writing and supported by appropriate documentation. Approval of such requests is at the sole discretion of Empowered RX and must be confirmed in writing.

15. DEFAMATION AND SLANDER COMPLIANCE

15.1 No Defamation or Slander: The Client agrees not to make any statements or representations, either written or oral, that are false, defamatory, or slanderous about Empowered RX, its employees, agents, representatives, or affiliated partners, including TeamLift. This includes any statements or comments that may harm the reputation or business interests of Empowered RX or its affiliates.

15.2 Dispute Resolution: In the event of any disputes or grievances, the Client agrees to address them through Empowered RX’s established grievance and resolution procedures rather than through public statements or external channels. The Client agrees to make every effort to resolve any issues privately and professionally.

15.3 Legal Consequences: The Client acknowledges that making defamatory or slanderous statements could result in legal action. Empowered RX reserves the right to pursue legal remedies for any damages or harm caused by such statements, including but not limited to seeking compensation for reputational harm, financial loss, and legal costs.

15.5 Indemnification: The Client agrees to indemnify, defend, and hold harmless Empowered RX and its affiliates from any claims, damages, losses, or expenses arising from the Client’s breach of this section, including any costs associated with defending against such claims.

16. CLIENT CONFIDENTIALITY AND RESPECTING COMMUNITY GUIDELINES

16.1 Client Confidentiality: Empowered RX is committed to maintaining the confidentiality of all personal and sensitive information provided by the Client. Empowered RX will not disclose any confidential information about the Client to third parties without the Client's explicit consent, except as required by law or as necessary for the administration of the program and services.

16.2 Respecting Privacy: The Client agrees to respect the privacy and confidentiality of other clients and participants in Empowered RX programs. The Client shall not disclose any personal or sensitive information about other clients or participants, obtained during their participation in the program, without their explicit consent.

16.3 Community Guidelines: The Client agrees to adhere to all community guidelines and rules established by Empowered RX, including any codes of conduct or behavior standards. The Client understands that these guidelines are designed to ensure a respectful, supportive, and safe environment for all participants.

16.4 Compliance with Guidelines: The Client agrees to follow any specific guidelines or instructions provided by Empowered RX regarding behavior, communication, and interaction within the community. This includes, but is not limited to, maintaining a positive and respectful demeanor, refraining from disruptive or harmful behavior, and supporting a culture of inclusivity and mutual respect.

16.5 Consequences for Violations: Failure to comply with community guidelines or confidentiality agreements may result in disciplinary action, including but not limited to termination of participation in Empowered RX programs. Empowered RX reserves the right to take appropriate action to address and resolve any violations of these terms.

16.6 Reporting Violations: The Client is encouraged to report any breaches of confidentiality or violations of community guidelines to Empowered RX management. Empowered RX will review and address any reported issues promptly and fairly.