Registration Page

I have read the following waiver, understand, and agree to its contents.

(the Undersigned Participant), have agreed to participate in physical fitness programs run/coordinated by Bodies by Cindy, Inc. and/or its representatives, including, but not limited to, any Bootcamp program run/coordinated by Bodies by Cindy, Inc. and/or its representatives. I understand and appreciate that such physical fitness programs will involve intense/strenuous physical activity, including, but not limited to, cardiovascular and resistance training, strength training, running, agility drills, jumping, climbing, and flexibility training. Acknowledgment is hereby made that the activities of such programs will require me to spend time outside in the heat, as well as inside. I further acknowledge that there are numerous risks involved in participating in such physical fitness programs. These risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, my physical condition, equipment, action/inaction of other people, including, but not limited to, Bodies by Cindy, Inc. representatives, volunteers and participants, and lack of hydration. I understand and appreciate that physical fitness programs require that I be in good health and have no condition that could endanger my well-being through participation. I hereby certify and affirm that I am in good physical condition and do not suffer from any disability, malady or other condition that would either prevent or limit my participation in such programs. With that in mind, I hereby agree to notify Bodies by Cindy, Inc. in writing of any conditions, defects, problems or maladies I have which may affect, hinder or limit my participation in any such programs.

I fully understand that I may incur injury or damage as a result of participating in the programs and I hereby agree to release, indemnify and hold harmless, Bodies by Cindy, Inc. and any of its employees, owners, directors, supervisors, volunteers or other representatives from any liability whatsoever, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/back/foot injuries and any other illness, soreness, injury or damage, arising from or related to my participation in the programs. In consideration of my participation in such programs, I for myself, my heirs, assigns or other representatives, hereby agree to release, discharge and hold harmless Bodies by Cindy, Inc. and any of its employees, owners, directors, supervisors, volunteers or other representatives from any claims, demands, actions, suits, procedures, costs, expenses, duties and liabilities whatsoever arising from or related to my participation in such programs. The undersigned agrees to save and hold harmless and indemnify each and all of the parties and persons referred to herein from all liability, actions, suits, loss, cost, claim or damage whatsoever which may be imposed upon said parties because of any condition, defect, problem, malady or lack of capacity to act/participate and release said parties on behalf of myself as well as my heirs, administrators and other representatives.

ARBITRATION: Any and all claims, actions, suits, procedures, disputes, controversies or otherwise between myself and Bodies by Cindy, Inc. or its representatives/agents shall be settled by final and binding arbitration. Agreeing to arbitration means that I am agreeing to waive any right I have to a jury trial. The arbitration shall be conducted by the American Arbitration Association before a single arbitrator pursuant to its rules. Any party shall be entitled to recover reasonable attorney’s fees and costs incurred in enforcing this arbitration agreement.

The decision of the arbitrator shall be final and binding and may be entered as a judgment in any State or Federal court of competent jurisdiction. This arbitration agreement shall be deemed to be a self-executing arbitration agreement. Any disputes concerning the interpretation or the enforceability of this arbitration agreement, including without limitation, its revocability or voidability for any cause, the scope of arbitrable issues, and any defense based upon waiver, estoppel or laches, shall be decided by the arbitrator.

The initiation of or participation by any party in any judicial proceeding concerning this arbitration agreement or any matter arbitrable hereunder shall not be deemed a waiver of the right to enforce this arbitration agreement, and notwithstanding any provision of law to the contrary, shall not be asserted or accepted as a reason to delay, to refuse to participate in, or to refuse to enforce this arbitration agreement. Any arbitration proceeding shall occur in Mobile County, Alabama. All administrative fees of the arbitration service and fees of the arbitrator shall be borne equally by the parties to the arbitration, subject to the discretion of the arbitrator to reallocate such fees in the interests of justice. The prevailing party in any arbitration proceeding shall be entitled to recover all reasonable attorneys’ fees and other costs as determined by the arbitrator. The parties expressly agree that this arbitration agreement involves and concerns interstate commerce and is governed by the provisions of the Federal Arbitration Act ( 9 U.S.C. § 1, et seq.) now in effect and as the same may from time to time be amended, to the exclusion of any different or inconsistent state or local law, ordinance or judicial rule; and to the extent that any state or local law, ordinance or judicial rule shall be inconsistent with any provision of the rules of the arbitration service under which the arbitration proceeding shall be conducted, the latter rules shall govern the conduct of the proceeding. If any provision of this arbitration agreement shall be determined by the arbitrator or by any court to be unenforceable or to have been waived, the remaining provisions shall be deemed to be severable therefrom and enforceable according to their terms.

I agree that I have carefully reviewed this document, understand all of the terms in same and further agree that I have executed this document of my own free will and accord.