Terms of Use

You hereby acknowledge that you are given a license only to access materials and media of A2 Essentials, LLC. You acknowledge that these materials were created exclusively by A2 Essentials, LLC, and you agree that A2 Essentials, LLC is the sole owner of any and all materials accessed by you, and all right, title and interest in said material remains with A2 Essentials, LLC.

Participation, Waiver and Release of Liability, 

Indemnity and Assumption of Risk Agreement

This is an IMPORTANT AND BINDING AGREEMENT between you and A2 ESSENTIALS (defined below). AMONG OTHER IMPORTANT PROVISIONS, this Agreement contains an authorization to use your likeness (Section 3.1), ASSUMPTION OF RISK (SECTION 4.1), INDEMNITY PROVISION (SECTION 5.1), WAIVER AND RELEASE OF LIABILITY (ARTICLE 6) AND AN ARBITRATION PROVISION (ARTICLE 7). Please read this Agreement carefully and completely and agree to it only if you fully understand its terms and fully appreciate the risks involved. 

In consideration for being allowed to participate in any A2 ESSENTIALS Event (defined in Section 1.3) today or on any future date, I (referred here as “I”, “me” or “my”) voluntarily enter into this binding Participation, Waiver and Release of Liability, Indemnity and Assumption of Risk Agreement (this “Agreement”) with A2 Essentials, LLC and its subsidiaries and affiliates (“A2 ESSENTIALS”). I represent, warrant and agree as follows:

1. DEFINITIONS. To make this Agreement easier to understand, we have defined several terms here and throughout this Agreement. Defined terms appear bolded and italicized. Please read these definitions carefully. Singular and plural defined terms have the same meaning. 

1.1. “Loss” means liabilities, costs, expenses, damages and losses, including any direct, indirect or consequential losses, penalties, legal costs and expenses (including reasonable attorney fees) and other reasonable professional costs and expenses.

1.2. “Released Parties” means any A2 ESSENTIALS Parties (defined in Section 1.4) along with any party named as an additional insured on any applicable policy of insurance held by any A2 ESSENTIALS Parties, or any other party which A2 ESSENTIALS has or may be obligated to indemnify, hold harmless or to which A2 ESSENTIALS may otherwise be liable, including all governmental or private entities which lease, rent or permit use of premises for A2 ESSENTIALS Events.

1.3. “A2 ESSENTIALS Events” means any activity organized by, sponsored by, paid for, coordinated with, authorized by or held by A2 ESSENTIALS, including any workouts, plans and/or exercise regimens conducted or written by AS ESSENTIALS, and other events and gatherings.

1.4. “A2 ESSENTIALS Parties” means A2 ESSENTIALS and its past, present or future officers, directors, employees, members, representatives, subsidiaries, agents, partners, parents, successors, shareholders, unitholders, owners, managers, volunteers, contractors and assigns.

2. COMPETENCE, BINDING EFFECT, SAFE PARTICIPATION AND MEDICAL WAIVER.

2.1. Competence, Binding Effect and Authority. I represent and warrant that I am over 18 years of age and am fully competent to enter into a binding agreement. I agree that to the fullest extent allowable under law, this Agreement will bind my heirs, representatives, executors, administrators, successors and assigns. I represent and warrant that I am the person who will be participating in A2 ESSENTIALS Events.  

2.2. Physical Ability to Participate Safely in A2 ESSENTIALS Events. 

2.2.1. I represent and warrant that I am physically able to participate safely in the A2 ESSENTIALS Event for which I have agreed to or will participate in the future.  I agree that I will not participate in any A2 ESSENTIALS Event that I am physically unable to participate in safely or for which I am susceptible to injury or harm. 

2.2.2. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy to participate in A2 ESSENTIALS Events, and that I am solely responsible for my safety and well being.

2.3. Unavailability of On-Site Medical Facilities. I acknowledge that medical personnel and treatment facilities are generally not available on-site at A2 ESSENTIALS Events.

3. USE OF YOUR LIKENESS, IMAGES AND RECORDINGS. 

3.1. Authorization to Record and Use. I understand that A2 ESSENTIALS may, and I authorize A2 ESSENTIALS to, take images of or record me during A2 ESSENTIALS Events. Further, I authorize A2 ESSENTIALS, and give it express permission, to use my name, likeness, voice, recording or image for purposes of advertising, marketing, promotion or trade without further compensation, except where prohibited by law; and I further acknowledge and agree that any images or recordings obtained or procured by A2 ESSENTIALS will be the sole and exclusive property of A2 ESSENTIALS, and may be published, broadcast or otherwise disseminated at the sole and exclusive discretion of A2 ESSENTIALS in any and all of its publications, including website entries. I hereby irrevocably authorize A2 ESSENTIALS to edit, alter, copy, exhibit, publish or distribute any image or record of me for any lawful purposes. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears, and further waive any right to royalties or other compensation arising or related to the use of my name, likeness, voice or image.

4. ASSUMPTION OF RISK AND AGREEMENT TO ABIDE BY APPLICABLE LAWS AND RULES.

4.1. ASSUMPTION OF RISK. A2 ESSENTIALS Events, which, as noted in Section 1.3, include physical activity that by their nature carry certain known and unknown risks and dangers. To the fullest extent allowable under law, I REPRESENT, WARRANT AND AGREE THAT IF I PARTICIPATE IN ANY A2 ESSENTIALS EVENT, I DO SO VOLUNTARILY AND AT MY OWN RISK, INCLUDING BOTH KNOWN AND UNKNOWN RISKS. I attest and certify that I have full knowledge of the risks involved in participating in the A2 ESSENTIALS Events and that I am physically fit and sufficiently trained for participation in any A2 ESSENTIALS Event that I choose to participate in; and moreover that I have not been advised otherwise by any qualified medical person. Furthermore, I assume any known and unknown risks associated with Section 2.3. 

4.2. Non-Exhaustive List of Some Risks. Below is a non-exhaustive list of some risks associated with A2 ESSENTIALS Events. Please read carefully. 

4.2.1. Some common risks associated with workouts and exercise regimens include serious physical injury; permanent injury; paralysis; death; trauma; concussions; brain injury; heat exhaustion or heat stroke; dehydration; sickness or diseases; loss, theft or damage to personal property; injuries from running, kicking or throwing; sprained and torn ligaments, tendons, muscles and cartilages; eye injuries; injuries from delayed or negligent medical help; injuries from defective facilities; injuries from exposure to extreme weather or other adverse weather conditions; injuries from inadequate warnings or inspections; injuries from transportation to and from events; injuries from equipment failure; and slippage. 

4.3. Agreement to Abide by Applicable Laws, Rules, Policies and Regulations. I agree to abide by all applicable governmental laws, rules and regulations arising from or relating to my and others’ safety, health and wellbeing and all other rules, policies and regulations associated with the applicable A2 ESSENTIALS Event that I participate in (including the rules and regulations of A2 ESSENTIALS and those of the applicable businesses, municipalities, organizations and facilities). I agree that it is my responsibility to locate, understand and follow such laws, rules, policies and regulations, including any updates or amendments to them. 

5. INDEMNIFICATION FOR YOUR ACTIONS.

5.1. AGREEMENT TO INDEMNIFY A2 ESSENTIALS. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, I AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS A2 ESSENTIALS AND ALL OTHER AGENTS, REPRESENTATIVES AND/OR PERSONS ASSOCIATED WITH THE EVENT FROM ALL LIABILITIES AND ANY LOSS RELATING TO OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH MY PARTICIPATION IN THE EVENT, RELATING TO OR ARISING OUT OF (I) MY NEGLIGENCE (INCLUDING GROSS NEGLIGENCE), RECKLESS OR INTENTIONAL ACT OR OMISSION, THE NEGLIGENCE OF A2 ESSENTIALS (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT) AND (II) MY BREACH OF THIS AGREEMENT.

6. RELEASE AND WAIVER. 

6.1. INTENT AND RELEASE AND WAIVER. In consideration for being allowed to participate in an A2 ESSENTIALS Event (whether now or in the future), I AGREE AS FOLLOWS:

6.1.1. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, I HEREBY VOLUNTARILY AND IRREVOCABLY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE A2 ESSENTIALS AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT FROM ANY LOSS THAT I MAY SUFFER THAT MAY RELATE TO OR ARISE OUT OF (WHETHER DIRECTLY OR INDIRECTLY) ANY INJURY (WHETHER PHYSICAL, EMOTIONAL OR OTHERWISE), DEATH, DAMAGE, COST, LOSS, LIABILITY OR EXPENSE FROM MY PARTICIPATION IN AN A2 ESSENTIALS EVENT THAT MAY BE CAUSED SOLELY OR IN PART BY THE:

6.1.1.1.  NEGLIGENT ACT OR OMISSION OF ANY RELEASED PARTIES, WHETHER NOW OR IN THE FUTURE; 

6.1.1.2.  GROSSLY NEGLIGENT ACT OR OMISSION OF ANY RELEASED PARTIES, WHETHER NOW OR IN THE FUTURE; AND

6.1.1.3.  RECKLESS ACT OR OMISSION OF ANY RELEASED PARTIES, WHETHER NOW OR IN THE FUTURE. 

6.1.2. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, I HEREBY VOLUNTARILY AND IRREVOCABLY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM ANY LOSS THAT MAY RELATE TO OR ARISE OUT OF (WHETHER DIRECTLY OR INDIRECTLY) ANY PROPERTY DAMAGE, COST, LOSS, LIABILITY OR EXPENSE FROM MY PARTICIPATION IN AN A2 ESSENTIALS EVENT THAT MAY BE CAUSED SOLELY OR IN PART BY THE:

6.1.2.1.  NEGLIGENT ACT OR OMISSION OF ANY RELEASED PARTIES, WHETHER NOW OR IN THE FUTURE; 

6.1.2.2.  GROSSLY NEGLIGENT ACT OR OMISSION OF ANY RELEASED PARTIES, WHETHER NOW OR IN THE FUTURE; AND

6.1.2.3.  RECKLESS ACT OR OMISSION OF ANY RELEASED PARTIES, WHETHER NOW OR IN THE FUTURE.

FURTHERMORE, A2 ESSENTIALS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES I MAY SUFFER AS A RESULT OF MY PARTICIPATION IN ANY EVENT. I FURTHER AGREE THAT THE MAXIMUM LIABILITY THAT I MAY ATTEMPT TO CLAIM, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY A2 ESSENTIALS FROM ME. 

7. JURISDICTION AND JURY WAIVER.

I agree to be contractually bound to submit myself to the personal jurisdiction of the courts of Connecticut. The venue for any court proceeding shall be in the Judicial District for New London at New London, Connecticut, and I hereby waive any venue, convenient forum, removal, jurisdiction, or other rights to the contrary.

WAIVER OF JURY TRIAL. IF APPLICABLE, I AGREE THAT MY PARTICIPATION IN ANY A2 ESSENTIALS EVENT IS A COMMERCIAL AND NOT A CONSUMER TRANSACTION AND I HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH A2 ESSENTIALS FOR ANY CLAIM FOR INJURY OR DAMAGES.  

8. MISCELLANEOUS PROVISIONS. 

8.1. Survival. Articles 6, 7 and 8 along with Sections 3.1 (to the extent such image or recording was made prior to the expiration or termination date) and 5.1 will survive any expiration or termination of this Agreement. 

8.2. Governing Law. Except when prohibited by law, this Agreement will be governed by and construed in accordance with the internal laws of the State of Connecticut without reference to any rules of conflict of laws or choice of law provisions that would compel the application of the substantive laws of any other jurisdiction. 

8.3. Merger. This Agreement constitutes the entire agreement with respect to the subject matter discussed and supersedes any prior understanding and agreements respecting the subject matter. This Agreement may not be modified except by a written agreement. 

8.4. No Waiver. No delay, failure or waiver of A2 ESSENTIALS’s exercise or partial exercise of any right or remedy under this Agreement will operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. No waiver of any provision of this Agreement will constitute a waiver of any other provision or of the same provision on another occasion.

8.5. Severability. If any provision or portion of this Agreement is held to be illegal, void or unenforceable, the remaining provisions or portions will remain in full force and effect. If any term or provision of this Agreement is declared invalid, void or unenforceable, the parties agree that the authority making such determination will have the power to and will if possible under applicable law reduce the scope or applicability of the term or provision, to delete specific words or phrases, or to replace any invalid, void or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the original intention of the invalid, void or unenforceable term or provision.

8.6. Assignment. Except as stated in this Agreement, I acknowledge that this Agreement is personal to me and I cannot assign, delegate or transfer it. A2 ESSENTIALS may freely assign, delegate or transfer this Agreement. Any attempt to assign, delegate or transfer this Agreement in violation of this provision is void and without effect. 

8.7. Construction. The headings used in this Agreement are for convenience only and are not part of this Agreement. Unless the context of this Agreement clearly requires otherwise: (i) “or” has the inclusive meaning identified with the phrase “and/or”; (ii) references to the plural include the singular, the singular the plural and the part the whole; and (iii) “include” and “including” have the inclusive meaning identified with the phrases “including, but not limited to,”; “including, without limitation,”; “include, but not limited to,”; and “include, without limitation,”.

8.8. Execution. This Agreement may be entered into by electronic assent, via e-signature, physical signature, email, fax or other similar forms of execution.  

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE FULLY READ AND UNDERSTAND THIS AGREEMENT AND WAIVER, AND ALL OF ITS ARTICLES AND SECTIONS, AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE AGREEING TO THIS AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE THAT THIS BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.