Terms and Conditions

I , (the “Participant”) hereby agree to be bound to this Acknowledgment and Release of Liability with Watering Wellness, LLC (a Missouri limited liability company with principal place of business in Missouri), as well as its owners, members, officers, employees, coaches (including, without limitation, Baylee Rayl), agents, and representatives, and their respective affiliated entities and persons, and sponsors (individually and collectively, “WATERING WELLNESS”), as a condition of receiving, participating in, and/or using nutritional, health, wellness, fitness, events, performance consultations, programs, therapies, and services of WATERING WELLNESS including, but not limited to, Called to B.

ACKNOWLEDGMENTS:

I acknowledge, understand, and agree that: (1) WATERING WELLNESS will endeavor to provide the most effective principles to help achieve my nutrition, health, fitness, wellness, fitness performance, and personal goals, but cannot guarantee that the services, products, supplements, events, programs, therapies, methods, techniques, materials, recommendations, routines, advice, workouts, and related materials, and products including, but not limited to, Called to B (the “Fitness Services”) will be safe, effective, or suitable for everyone; (2) The Fitness Services and any fitness or exercise activities, events, workouts, fitness training, of whatever kind or nature including, but not limited to, the use of training and fitness equipment and machinery (the “Fitness Activities”), involve risks of serious injury, permanent disability, or death, even if done correctly and with utmost attention to safety; including, but are not limited to, fainting; broken bones; strained or torn muscles; torn or strained ligaments, tendons, and other connective tissues; herniated discs and other spinal injuries; cardiovascular or cerebrovascular events, including heart attack or stroke; conditions related to overexertion, including heat stroke/exhaustion or rhabdomyolysis; or damage to the nervous system, including irreversible damage to the brain or spinal cord and that my participation in the Fitness Services and Fitness Activities could create new or aggravate pre-existing conditions, whether known or unknown, and that there may be other risks associated with my participation in the Fitness Services and/or Fitness Activities whether known, unknown, or otherwise foreseeable; (3) That neither WATERING WELLNESS, as defined above, nor the owners, lessors, and/or lessees of venue locations, event sponsors, organizers, agents, representative, and staff, and their respective affiliated entities and/or persons (collectively the “WATERING WELLNESS ENTITIES”) are certified or licensed as dietitians, nutritionists and/or fitness trainers and that any information, guidelines, or advice provided by WATERING WELLNESS and/or WATERING WELLNESS ENTITIES is not intended to constitute and shall not be construed or relied upon by me as dietetic or medical advice or as treatment for any medical condition or pathology; (4) That all Fitness Services and Fitness Activities are offered without warranties or guarantees of any kind, expressed or implied, including, but not limited to, warranties of safety or fitness for any particular purpose; (5) That I knowingly acknowledge and accept all risks relating to the Fitness Services, Fitness Activities, and all related services and products provided, offered, sponsored, or otherwise recommended by WATERING WELLNESS and/or WATERING WELLNESS ENTITES.

I further acknowledge, understand, and agree that a physician’s approval is highly recommended prior to participating in or receiving the Fitness Services and Fitness Activities as well as any wellness and/or nutrition program and any other type of fitness or exercise activity, that I have either obtained a signed approval from my physician, or that I have elected to engage in such activities regardless of following or otherwise seeking consultation with a physician. Additionally, I promise to provide WATERING WELLNESS with a complete and accurate account of any medical conditions which I may have and any medications I am taking.

RELEASE OF LIABILITY:

I hereby waive, release, and discharge WATERING WELLNESS and WATERING WELLNESS ENTITIES, individually and collectively, as each are defined above, (the “Indemnified Parties”) from and against any and all claims, liabilities, damages, costs, expenses, harassment, and injuries including, but not limited to, physical, emotional, and mental injuries, and death (the “Claims”) arising from, related to, or in any way connected with the Fitness Services and/or Fitness Activities and all related services, equipment, materials, or products provided, offered, sponsored, or otherwise recommend by any of the Indemnified Parties.

I further specifically release the Indemnified Parties from any Claims from me and/or my family which I may allege or content relates to or results from lack of lack of informed consent on my behalf to receive or participate in any Fitness Service, and/or Fitness Activity that may or may not have been discussed with me and agree to defend, indemnify, and hold harmless the Indemnified Parties from and against any Claims relating in any way to the Fitness Services, and Fitness Activities provided, offered or otherwise recommended by any of the Indemnified Parties.

GENERAL:

If a court of competent jurisdiction, or any other legal authority or governmental agency, declares any provision of this agreement invalid, such invalidation shall not affect the remaining provisions of this agreement, which shall remain in full force and effect. If any sentence, clause, phrase, or term of any section of this agreement is deemed invalid, the remainder of that section shall remain in full force and effect.

Any suit brought under this agreement, or in relation to any consultation or services provided under this agreement, shall be brought exclusively in the Circuit Court of Greene County, Missouri, and both parties irrevocably consent to venue and exclusive jurisdiction in that court. This agreement shall be governed by Missouri law, irrespective of any choice of law principles. This agreement shall be deemed to have been agreed to and executed in Missouri.

I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND, AND AGREE TO COMPLY WITH ALL TERMS AND CONDITIONS HEREUNDER. Any questions that I may have had relating to anything in this agreement have been answered to my satisfaction. This document encompasses the entire agreement of the parties and supersedes all prior oral and written representations between the parties, if any. This agreement may be amended only by a written agreement, signed by both parties.