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 release and discharge 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 she/he may have brought. Participant agrees to conduct herself/himself in a reasonable and controlled manner at all times while at the Program, and refrain from partaking in any activities that may cause her/him 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 of 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 that which Participant voluntarily assumes, and agrees Blacksmith Training is in no way responsible or liable for any negative results or injuries she/he may sustain as a result of the above risks she/he may encounter.

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 who have been trained in health and life coaching to help participants reach their own life goals by helping Participants devise and implement positive, sustainable lifestyle changes.

EXCLUSION OF WARRANTIES

We will provide our services to you with reasonable care and skill. But 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 that the information we provide, including that on our websites, brochures, flyers, and information packets, is accurate, but we cannot guarantee such accuracy. We, therefore, make no warranty as to the accuracy of that information, and it should not be relied upon as being correct, complete, or accurate. It is your responsibility to verify such matters.

CONFIDENTIALITY

Participant acknowledges that oftentimes when Services are being rendered to Participant, Participant may disclose personal or confidential information to facilitate the Program. Blacksmith Training team members will keep the Participant’s information private, and will not share the Participant’s information with any third party unless compelled to by law or with the Participant’s express consent. In the event that during the program, the Participant is exposed to what may be deemed personal or confidential information of other Participants. 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 provide links 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 that a dispute between Blacksmith Training and Participant arises with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties they will first attempt to resolve the dispute through informal discussion. If informal discussions are not successful, the parties agree to submit to binding arbitration before the American Arbitration Association. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the Participant in the event that an award is granted in arbitration is the refund of the Program Fee. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the Participant.

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 to the Participant, if any; arising from the Services performed. Therefore, if Blacksmith Training is found liable for any loss or damage under this agreement, Blacksmith Training's 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 from Blacksmith Training, Participant will be exposed to “Proprietary Information.” Proprietary information includes methods, processes, procedures, ‘Know-how’, and any other information not known to the general public which is introduced to the Participant during the receipt of Services. Participant agrees that he or she shall not disclose at any time to third parties Proprietary Information that is obtained during the receipt of Services from Blacksmith Training.

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 obtaining the prior written permission of the appropriate parties.

SEVERABILITY

Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.

TRAVEL

Participant also acknowledges she/he will likely choose to travel in order to attend the Program, and confirms that his or her decision to travel and the manner and mode by which he or she chooses to travel in order to get to the Program is wholly of his or her own choosing, and not in any way associated with the Program or Blacksmith Training. Should he/she encounter a negative situation or result from her choice of the manner of travel, Participant understands and agrees that Blacksmith Training is neither responsible nor liable in any way and that her travel is in no way associated with the Event. Blacksmith Training will likely suggest hotels and/or locations for accommodation, that may or may not be included in the purchase price of the Program. Whether or not the cost of the accommodation is included in the purchase price of the Program, the Participant understands any issue with her hotel stay, accommodations, or any such similar issue is purely between the Participant and the manager or owner of the hotel or accommodations. While Blacksmith Training will do everything possible to assist Participant with any such issue, Blacksmith Training is not to be held responsible for any such negative experience.

COVID-19 WAIVER

Participant confirms he/she is personally updated on the COVID-19 pandemic situation and has done sufficient research to independently assess whether she feels safe traveling to and from the Program, staying in close proximity to other guests, and otherwise engaging in all activities scheduled within the Program. Please DO NOT attend the Program if you are experiencing any COVID-19 symptoms, or have been exposed to someone who has tested positive within two (2) weeks of the Program, even if you are not symptomatic. Any Participant who cancels due to illness and cannot attend will be able to apply the investment of the program to the next event – do not attend if you are not well. Blacksmith Training will do his/her best to ensure all attendees are checked for fevers and other illness symptoms prior to checking in to the Program and requests that all Participants use caution and exercise his/her own best judgment in concluding whether he/she is sufficiently healthy to attend the Program. The participant confirms he/she will not hold Blacksmith Training responsible nor liable if he/she contracts COVID-19 from the Program – whether due to the Program itself, travel to/from location, or general exposure to other individuals throughout the duration of the trip. The participant confirms it is ultimately his/her responsibility to decide whether he/she wishes to attend the Program, and if the Participant decides to attend, it is Participant’s voluntary choice. Blacksmith Training will not be responsible for ensuring all guests are respecting social distancing, wearing masks, or sanitizing appropriately – though it will be encouraged and requested. The participant confirms Blacksmith Training is not responsible for the Participant’s decisions or health and well-being in this respect and agrees Blacksmith Training is not responsible nor liable should Participant contract COVID-19 or any other illness due to the Program.

MEDICAL EVALUATION

Participant confirms she has completed any testing necessary to confirm she is medically and physically able to participate in the Program and takes full responsibility for her physical well-being at the Program. If she is pregnant, disabled in any way, or has recently suffered an illness, injury, or impairment, the Participant confirms she either has or will consult her personal physician regarding this issue prior to attending the Program, and receive full medical clearance to participate in the Program before attending. If the Participant chooses not to see her physician prior to attending the Program, she understands this is her choice, and Blacksmith Training is not liable should any injury or aggravation occur.

Should it be determined at any time during the Program that the Participant is in need of medical attention, Participant consents to receiving emergency medical care and transportation as deemed appropriate and necessary by medical professionals called to the Program, or on-site with the venue. This Release also extends to any liability arising out of or related to any medical treatment provided to the Participant, including but not limited to negligent emergency rescue options. The participant confirms that should she sustain any injury requiring medical attention, Blacksmith Training is not liable. Participant agrees to hold Blacksmith Training harmless from any injury or illness sustained, directly or indirectly caused by participation in the Program.

PHOTO/MEDIA RELEASE

Participant understands and agrees that the Program may be filmed, recorded, and/or documented by photographers, media, or other members of the press. Participant grants Blacksmith Training a royalty-free, irrevocable license to use Participant’s name, likeness, and image in using such video and photography from Program for commercial use, as they see fit. This may include but is not limited to posting photos and videos on Blacksmith Training’s website, future sales pages and advertisements for future Programs, and promoting the Program and event in general. Blacksmith Training may also sell or assign the right to use such images or other materials to third parties. By signing this agreement, the Participant provides Blacksmith Training with a full, irrevocable release allowing Blacksmith Training and any attending guests of Blacksmith Training to use her name and likeness, and all such footage in any way she sees fit.

As a participant, the Participant agrees to NOT record this training or any part thereof. Participant understands that Blacksmith Training is not responsible for footage, photographs, and any other information obtained by Program attendees and posted on social media, the Internet, and/or other avenues. Participant agrees to fully indemnify and hold harmless Blacksmith Training and any affiliates of the Program should any attendee post or broadcast any form of photography or media regarding Participant. Blacksmith Training is not responsible nor liable for what attendees may post, and the Participant agrees he or she is attending the Program voluntarily and assumes any and all such risks of being photographed or otherwise recorded by Program attendees.

VOLUNTARY PARTICIPATION

Participant agrees and understands that her decision to attend this Program is purely voluntary; any negative experiences before, during, or after the Program is at no fault or responsibility of Blacksmith Training. The participant will not hold Blacksmith Training responsible for any injury, issue, or negative experience had at the Program as a result of her attendance at the Program, or any portion of travel to and from the Program.

I understand this is not trauma therapy. This is coaching for business goals. In the event that 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 you do not agree to get further support, you may be required to forfeit your 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 whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.

By joining this program the Participant acknowledges that: (1) he/she has received a copy of this letter agreement; (2) he/she has had an opportunity to discuss the contents of the Agreement with Blacksmith Training and, if desired, to have it reviewed by an attorney; he/she is 18 of years of age or older; and (3) the Participant understands, accepts and agrees to abide by the terms hereof.