The Purchaser Agrees to the Terms & Conditions

The Purchaser agrees to purchase products  from EBT Exercise™️ and Comito Personal Training, Inc. in one or more of the following EBT Exercise™️ Power Spiral©️, (the “Activity”).  In consideration of being permitted to participate in the Activity, I hereby agree to all the terms of this Release of Liability and Waiver of Rights (this “Release and Waiver”).
The undersigned hereby irrevocably and unconditionally agrees for the Purchaser, as well as the Purchaser’s personal representatives, heirs, next-of-kin, insurers, successors, and assigns, as follows:
1. Assumption of Risk. The Purchaser’s choice to participate in the Activity is knowing and voluntary. The Purchaser understands that participation in the Activity involves inherent risks and dangers of accidents, emergency treatment, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from the Purchaser’s own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others. Further, there may be other risks not known to me or reasonably foreseeable at this time. The Purchaser understands and has considered the risks involved, and the Purchaser voluntarily and freely choose to assume these risks.

2. Release from Liability. The Purchaser fully and forever releases and discharges Comito Personal Training, Inc., EBT Exercise™️ and its respective affiliates, managers, officers, members, employees, agents, and insurers, and all others involved in the Activity (collectively, the “Comito Group”) from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to the Purchaser,  the Purchaser’s property, or any other person, directly or indirectly arising out of or in connection with the Purchaser’s participation in the Activity, even if it is due to the negligence, injudicious act, omission, or other fault of the Comito Group.

3. Indemnity. The Purchaser will defend, indemnify, hold harmless and reimburse the Comito Group from and for all damages, losses, costs, or expenses (including legal fees) incurred by the Comito Group or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with my participation in the Activity. The Purchaser will reimburse the Comito Group if anyone makes a claim against the Comito Group in connection with the Purchaser’s participation in the Activity.

4. Covenant not to Sue. The Purchaser will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against the Comito Group, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by the Purchaser in connection with the Purchaser’s participation in the Activity, and the Purchaser waives any right he or she may have to do so. This means that the Purchaser cannot sue to hold the Comito Group responsible for any injury, loss, or damage sustained by me in connection with the Activity, even if it is due to the negligence, injudicious act, omission, or other fault of the Comito Group. The Purchaser waives the Purchaser’s insurers' right to make a claim against the Comito Group based on payments by insurers to me or on my behalf for any reason. This means the Purchaser’s insurers have no rights of subrogation against the Comito Group.

5. Representations. The Purchaser is in good health, in proper physical condition, and the Purchaser does not have any medical or other conditions that would impair my ability to participate in the Activity. If at any time the Purchaser believes conditions to be unsafe or that the Purchaser is no longer in proper physical condition to participate in the Activity, the Purchaser will immediately discontinue further participation in the Activity.

6. Successors and Assigns.  This Release and Waiver shall be binding upon and enforceable against the Purchaser, the Purchaser’s personal representatives, spouse, assigns, heirs, and next of kin without limitation. It is the Purchaser’s desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver shall be enforceable to the fullest extent permitted by Applicable Law. If any portion of this Release and Waiver is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever.

7. Acknowledgement of Scope. The Purchaser specifically acknowledges and agrees that this document is not intended to be a general release subject to limitations and conditions that would otherwise apply under applicable state laws, ordinances, statutes, rules, and regulations (collectively, “Applicable Law”), and additionally agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW. This Release and Waiver shall be construed and interpreted as broadly as possible under the Applicable Law of the jurisdiction in which the Activity takes place.

BY ACCEPTING, THE UNDERSIGNED PURCHASER  (OR IF THE PURCHASER IS A MINOR, THE UNDERSIGNED PARENT OR LEGAL GUARDIAN) ACKNOWLEDGES THAT HE OR SHE HAS READ AND UNDERSTOOD ALL OF THE TERMS SET FORTH IN THIS RELEASE AND WAIVER, AND THAT THE UNDERSIGNED IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE COMITO PERSONAL TRAINING, INC., EBT EXERCISE™️, AMANDA COMITO AND THE COMITO GROUP AND IT’S AFFILIATES.