NOT MEDICAL CARE OR TREATMENT

Blacksmith Training and its Coaches are not acting in the capacity of a doctor, licensed dietician, psychologist, or any other licensed/registered professional. Blacksmith Training Program will not diagnose, treat, or cure in any manner, any disease, condition, or other physical or mental human ailments. The Services provided per the terms of this agreement and during the duration of the Program are not intended to replace individual relationships with licensed qualified healthcare professionals or therapists and are not intended as medical advice. Blacksmith Training encourages you to continue visiting with and being treated by your primary care physician and mental health providers. Only a Licensed Medical Professional can diagnose certain ailments and prescribe treatments and medications for you. Do not ignore or delay seeking medical advice or treatment because of any information obtained from this Program.

The Participant acknowledges that the Participant takes full responsibility for the Participant’s life and well-being, including all decisions made during and after this Program.

DISCLAIMER AND LIMITATION OF LIABILITY — RELEASE

Participants understand this Program includes the option to participate in physical activities that involve a certain level of physical activity, which carries with it certain inherent risks. This may include, but is not limited to, stretching, walking, dancing, and any other similar wellness-centered activity Blacksmith Training may see fit. By execution of this agreement, Participant accepts and assumes all risks associated, as well as full responsibility for any and all injuries, damages (economic and noneconomic), and losses of any type, and fully and forever releases and discharges Blacksmith Training, any affiliates or employees of Blacksmith Training, and any individuals participating as guest speakers or experts at the Program from any claims, demands, damages, rights of action or causes of action – present or future – whether known or unknown, anticipated or unanticipated, resulting from or arising out of participation in the Program.

Participant agrees to be solely responsible for his/her safety, as well as the safety of any guests he/she may have brought. Participant agrees to conduct himself/herself in a reasonable and controlled manner at all times while at the Program, and refrain from partaking in any activities that may cause injury or illness. Participant understands Blacksmith Training is not responsible for any property lost, stolen, or damaged while at the Program.

POTENTIAL RISKS

Participant understands and acknowledges there may also be a risk from contact with other Participants, including negligent or wanton acts of other Participants, failures in following guidelines and rules of the event or any applicable laws, any defects or conditions of the premises where the program is held, and/or any effects of weather, including heat, cold, rain, winds, storms, or humidity. Participant further acknowledges that each of these risks is voluntarily assumed, and agrees Blacksmith Training is in no way responsible or liable for any negative results or injuries sustained as a result of the above risks.

The Participant understands that the role of Blacksmith Training is not to prescribe or assess micro and macronutrient levels; provide health care, medical or therapy services; or to diagnose, treat or cure any disease, condition, or other physical or mental ailments of the human body. Rather, Blacksmith Training acts as a mentor and guide, trained in health and life coaching, to help Participants reach their own life goals by devising and implementing positive, sustainable lifestyle changes.

EXCLUSION OF WARRANTIES

We will provide our services to you with reasonable care and skill. We make no other warranty, express or implied, with respect to the Program. All other warranties are excluded to the maximum extent permitted by law.

We make no warranty, expressed or implied, as to the quality or effectiveness of any diagnosis, apparatus, treatment, or product. In no event will we be liable for any physical or mental injury, or any negative side effects, that may arise from the use of any such diagnosis, apparatus, treatment or product. We believe the information we provide, including on our websites, brochures, flyers, and information packets, is accurate, but we cannot guarantee such accuracy and make no warranty as to its completeness or correctness. It is your responsibility to verify such matters.

CONFIDENTIALITY

Participant acknowledges that Services rendered to Participant may require disclosure of personal or confidential information to facilitate the Program. Blacksmith Training team members will keep the Participant’s information private and will not share it with any third party unless compelled by law or with the Participant’s express consent. If, during the Program, the Participant is exposed to personal or confidential information of other Participants, the Participant agrees this information will not be disclosed to any third party.

AFFILIATE DISCLOSURES

From time to time, Blacksmith Training may receive compensation from certain affiliates whose products or supplements we recommend or link to on our website. Any product claim or other representation about a product should be verified with the manufacturer, provider, or party in question.

ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES

In the event a dispute arises with respect to the services provided pursuant to this agreement, or otherwise pertaining to the relationship between the parties, the parties will first attempt to resolve the dispute through informal discussion. If informal discussion is not successful, the parties agree to submit to binding arbitration before the American Arbitration Association, conducted by a single arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The sole remedy that can be awarded to the Participant in arbitration is a refund of the Program Fee; no award of consequential or other damages, unless specifically set forth herein, may be granted.

This agreement shall be construed according to the laws of the State of Virginia. All actions or proceedings arising in connection with this Agreement shall be determined only in Virginia Beach, Virginia.

DAMAGE LIMITATION AND LIQUIDATED DAMAGES

The Participant agrees that it would be extremely difficult and impractical to determine actual damages, if any, arising from the Services performed. Therefore, if Blacksmith Training is found liable for any loss or damage under this agreement, its liability shall be solely and completely limited to the total payment(s) made for the Services rendered.

INTELLECTUAL PROPERTY RIGHTS

During the course of obtaining Services, Participant will be exposed to “Proprietary Information,” including methods, processes, procedures, know-how, and other information not known to the general public. Participant agrees not to disclose Proprietary Information to third parties at any time.

Participant agrees that any recorded or written material included as part of this training is protected by Trademark and Copyright laws and may not be used without prior written permission.

SEVERABILITY

Whenever possible, each provision of this Agreement shall be interpreted so as to be effective and valid under applicable law. If any provision is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect, and the invalid provision shall be replaced by a valid, enforceable provision that most closely reflects its intent.

TRAVEL

Participant acknowledges that any decision to travel to attend the Program, and the manner and mode of that travel, is wholly the Participant’s own choosing and is not associated with the Program or Blacksmith Training. Blacksmith Training is neither responsible nor liable for any negative outcome related to Participant’s travel. Blacksmith Training may suggest hotels or accommodations, which may or may not be included in the Program price; any issue with accommodations is between the Participant and the hotel or accommodation provider. Blacksmith Training will assist where possible but is not responsible for any such negative experience.

COVID-19 WAIVER

Participant confirms they are personally informed about the COVID-19 pandemic and have done sufficient research to independently assess whether it is safe to travel to and attend the Program. Please do not attend the Program if experiencing COVID-19 symptoms or known exposure within the prior two weeks. A Participant who cancels due to illness may apply their investment to a future event. Blacksmith Training will do its best to screen attendees for symptoms but is not responsible for exposure occurring before, during, or after the Program, including during travel. Attendance is voluntary, and the Participant assumes responsibility for this decision.

MEDICAL EVALUATION

Participant confirms they have completed any testing necessary to confirm they are medically and physically able to participate in the Program and take full responsibility for their physical well-being at the Program. If pregnant, disabled in any way, or recently recovering from an illness, injury, or impairment, the Participant confirms they have or will consult their personal physician prior to attending and will receive medical clearance to participate. If the Participant chooses not to see a physician beforehand, this is their choice, and Blacksmith Training is not liable for any resulting injury or aggravation.

Should the Participant require medical attention during the Program, they consent to receiving emergency medical care and transportation as deemed necessary by medical professionals on site or called to the Program. This release extends to any liability arising from medical treatment provided, including negligent emergency rescue. Participant agrees to hold Blacksmith Training harmless from any injury or illness sustained, directly or indirectly, as a result of participation in the Program.

PHOTO/MEDIA RELEASE

Participant understands the Program may be filmed, recorded, or documented. Participant grants Blacksmith Training a royalty-free, irrevocable license to use Participant’s name, likeness, and image from Program video and photography for commercial use, including on Blacksmith Training’s website, future sales pages, advertisements, and promotion of the Program. Blacksmith Training may also sell or assign this right to third parties.

Participant agrees not to record any part of this training. Blacksmith Training is not responsible for footage, photographs, or other information obtained by other attendees and posted publicly. Participant agrees to indemnify and hold harmless Blacksmith Training regarding any such posts by other attendees, and understands attendance is voluntary with this risk assumed.

VOLUNTARY PARTICIPATION

Participant understands that attending this Program is purely voluntary, and any negative experience before, during, or after the Program is at no fault of Blacksmith Training. Participant will not hold Blacksmith Training responsible for any injury, issue, or negative experience arising from attendance or related travel.

I understand this is not trauma therapy. This is coaching for business goals. If a limiting decision in business leads to uncovering a more complex situation or trauma, my coaches may require that I also work with a somatic therapist or trauma specialist in addition to our coaching in order to continue safely. If I do not agree to get further support, I may be required to forfeit my coaching sessions.

ENTIRE AGREEMENT

This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement, oral or written. This Agreement supersedes any prior written or oral agreements between the parties and may only be modified or amended in writing, signed by both parties.

By joining this program, the Participant acknowledges that: (1) they have received a copy of this agreement; (2) they have had an opportunity to discuss its contents with Blacksmith Training and, if desired, to have it reviewed by an attorney; (3) they are 18 years of age or older; and (4) they understand, accept, and agree to abide by the terms herein.