PLEASE READ THIS CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of online coaching organized by Kevin Hejnas (alias @hejnasty, hejnasty) and/or use of the property, facilities and services of Kevin Hejnas, 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 Hejnas, or the employees, representatives or agents of Kevin Hejnas.
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 Hejnas for injury, loss or damage arising out of my use of or presence upon the facilities of Kevin Hejnas, whether caused by the fault of myself, Kevin Hejnas, or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Kevin Hejnas against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my use of or presence upon the facilities of Kevin Hejnas.
4. FEES. I agree to pay for all damages to the facilities of Kevin Hejnas caused by any negligent, reckless, or willful actions by me.
5. CONSENT. I consent to the participation in the activity of online coaching, and agree to all of the terms and conditions of this Agreement.
6. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under New Jersey law.
7. NO DURESS. I agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Kevin Hejnas has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
8. ARM’S 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.
9. ENFORECEABILITY. The invalidity or unenforeability 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.
10. FREE WILL. I agree and acknowledge that I was not persuaded by Kevin Hejnas into the services provided. I certify that I approached Kevin Hejnas under my own free will.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY PURCHASING SERVICES PROVIDED BY KEVIN HEJNAS, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.