Weight-Loss Challenge Waiver and Agreement to Rules

I agree to attend the MANDATORY 1ST WEIGH-IN AND 30 MIN CLASS ON MONDAY JANUARY 16TH AT EITHER 9:45AM OR 5:45 PM. $30 CASH BUY IN DUE! (NO CREDIT CARDS OR CHECKS)

I understand and agree that for weigh-ins I will not wear shoes and only wear one layer of workout clothing.

I agree to the WEIGH-IN’S EVERY TWO WEEKS ON MONDAY DURING PETERSON CHIROPRACTRIC REGULAR OFFICE HOURS (7:45-11:30AM OR 1:30-5:30PM) 4230 GARDENDALE BLDG 201.

I agree that for every one (1) pound or more I gain or weigh-i, I agree to add $5 (total each time; not per pound) into the winner’s pot.

I agree to the Mandatory final weigh-in On Monday March 27th at either 9:45am or 5:45 pm.

I understand that failure to abide by any of the above rules will result in a forfeit from winning the “winners pot” or any of the prizes.

Weight-Loss Challenge Waiver

Parties.

This Weight-Loss Challenge Waiver and Agreement (“Agreement”) is made between Dr. Tim Peterson PLLC (hereinafter referred to as Peterson Chiropractic) and Participant. Peterson Chiropractic and the participant are hereinafter collectively referred to as the “Parties”.

Scope of Engagement

Participant is engaging Peterson Chiropractic to provide the weight-loss challenge. Peterson Chiropractic will be providing workout suggestions, one in-person workout, and nutrition information. Participant will not hold Peterson Chiropractic liable for any injuries incurred during this challenge.
Consent

By signing this agreement, Participant understands that participation in the weight-loss challenge provided by Peterson Chiropractic is voluntary and participant assumes all risk associated with services provided under this agreement.

Waiver of Liability:

Participant acknowledges that the use of the weight-loss challenge involves an inherent risk of personal injury to participant.

Participant voluntarily agrees to assume all risk of personal injury to Participant and waive any and all claims or actions that Participant may have against Peterson Chiropractic and any of their respective officers, directors, employees, agents, successors, and assigns (collectively “releasees”) for any such personal injury. Releasees shall not be liable to Participant for any such personal injury including, but not limited to, the following:

Any injury arising from participation in the weight-loss Challenge provided by Peterson Chiropractic.

Any injuries arising from participation in supervised or unsupervised fitness activities or workouts recommended by Peterson Chiropractic.
Injuries arising from Peterson Chiropractic negligence, whether direct or indirect.

Injuries, disease, infection, or medical disorders resulting from the services provided under this agreement, including, but not limited to, heart attacks, strokes, heat stress, sprains, broken bones and torn or damaged muscles, ligaments, or tendons, becoming exposed to and/or infected by COVID-19 or any other virus or disease.

Any accidental injuries caused by the location or premises where the services are provided whether owned by Participant, Peterson Chiropractic, or a third party.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PARTICIPANT ALSO WAIVES ALL CLAIMS AGAINST PETERSON CHIROPRACTIC RELEASEES FOR ANY CLAIMS PARTICIPANT MAY HAVE UNDER ANY TEXAS CONSUMER PROTECTION STATUTES.

The provisions of Paragraph 6 shall survive the termination of this Agreement.

6. Indemnification

Participant agrees to indemnify, defend, and hold harmless, Peterson Chiropractic, and any of its parents, subsidiaries, or other affiliates and any of their respective officers, directors, employees, agents, successors and assigns (collectively “indemnified parties) from and against, and to pay to Peterson Chiropractic upon demand the amount of any suits, claims, complaints, damages, judgments, penalties, fines, losses, costs, and expenses (including legal expenses and court costs) of whatever kind or character, imposed upon, incurred by, or asserted against Peterson Chiropractic in any way related to or arising from the execution, enforcement, or performance of this Agreement. Participant’s duty to indemnify, defend, and hold harmless Peterson Chiropractic pursuant to this Paragraph 7 includes, but is not limited to, claims related to or arising from bodily injury or death or from equipment, services or programs provided under this Agreement.

The provisions of Paragraph 7 shall survive termination of your membership and this

Agreement.

7. Parties and Successors.

Subject to the limitations and conditions set forth elsewhere herein, this Agreement shall bind and inure to the benefit of the respective heirs, legal representatives, successors, and permitted assigns and/or sublessees of the parties hereto. This Agreement is not assignable without the express written permission of the parties.

8. Effect of Other Representations.

No representations or promises shall be binding on the Parties to this Agreement except those representations and promises contained herein or in some future writing signed by the party making such representations or promises.

9. Section Headings.

The section headings in this Agreement are intended for convenience only and shall not be taken into consideration in any construction or interpretation of this Agreement or any of its provisions.

10. Severability.

A determination that any term or provision of this Agreement, or the application thereof to any person or circumstance, is invalid or unenforceable, shall not affect the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable.

11. Governing Law and Venue.

This agreement shall be governed by the laws of the State of Texas and the venue for any action or proceeding arising from a dispute concerning this agreement shall be in the jurisdiction and venue of Bexar County, Texas.

*Legal Guardian: Any Participant who is under the age of 18 must have a parent or legal guardian (“Legal Guardian”) co-sign this Agreement. By co-signing this Agreement, the Legal Guardian acknowledges that he or she shall be jointly and severally liable for any and all obligations of such Participant hereunder and shall be bound by all terms and conditions of this Agreement.