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Legal Disclaimer

PLEASE READ THIS CAREFULLY THIS AFFECTS YOUR LEGAL RIGHTS

In exchange for participation in the activity and services of online coaching organized by Kevin Davisson/ Fit Over 50, I (the customer) agree for myself to the following:

  1.   Agreement to follow directions. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Kevin Davisson, representatives or agents of Kevin Davisson or Fit Over 50.

  2. Assumption of the risks and release.  I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and further release and discharge Kevin Davisson for injury, loss or damage arising out of use of Fit Over 50 programs whether caused by the fault of myself, Kevin Davisson, or other parties.

  3. Indemnification. I agree to indemnify and defend Kevin Davisson against all claims, causes of action, damages, judgements, cost or expenses, including attorney fees and other litigation costs, which may in any way arise from my use of Fit Over 50/Kevin Davisson programs.

  4. Fees.  I agree to pay all fees and charges associated with Fit Over 50/Kevin Davisson programs.  I also agree to pay any and all cost, including lawyers fees associated with recovering any unpaid charges

  5. Applicable Law.  Any legal or equitable claim that may arise from participation in the above shall be resolved under Virginia law.

  6. Consent. I consent to the participation in the activity of online coaching, and agree to all of the terms and conditions of this agreement.

  7. Arms Length Agreement. This agreement and each of its terms are the product of an arms' length negotiation between the parties.  In the event any ambiguity is found to exist in the interpretation of this agreement, or any of its provisions, the parties and each of them explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language or provision giving rise to such ambiguity.

  8. Enforceability.  The invalidity or unenforceablity of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this agreement.

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT.  I FURTHER UNDERSTAND THAT BY PURCHASING SERVICES PROVIDED BY FIT OVER 50/ KEVIN DAVISSON , I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

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