A Waiver and Release is a contract between the service provider (individual professional or fitness business) and the participant, signed prior to participation, by which the participant agrees to excuse or absolve the provider of any fault or liability for injuries resulting from the inherent risks of the activity and the ordinary negligence of the service provider, its employees or its agents. A well-written waiver, signed voluntarily by an adult participant, will, under certain circumstances, protect a service provider from liability for negligence in at least 45 states. In fact, a number of states now enforce waivers signed by a parent on behalf of a minor participant.
Waiver & Release
These terms of service ("Terms") cover your use and access to the products (collectively, "Documents") provided by The Aviary ("The Aviary"). By using our Documents, you agree to be bound by these Terms
Disclaimer of Representations and Liability
Please read this section carefully as it affects your rights. The Documents made available by The Aviary may include inaccuracies or typographical errors. The Aviary may at any time make improvements or changes to our Documents and is not required to notify you if you purchased an earlier version. Information or Documents received from The Aviary should not be relied upon for personal, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our Documents is at your own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AVIARY MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE DOCUMENTS. THE DOCUMENTS ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AVIARY OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT THE AVIARY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE AVIARY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU TO THE AVIARY FOR THE DOCUMENTS YOU'VE PURCHASED.
The Aviary is Not a Law Firm and Does Not Provide Legal Advice. The Aviary provides self-help. The information provided by The Aviary along with the content on our website related to legal matters ("Legal Information") is provided for your private use and does not constitute legal advice. We will not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation. If you need legal advice for a specific problem, you should consult with a licensed attorney. Neither The Aviary nor any Legal Information provided by The Aviary is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction. As The Aviary is not a law firm, please note that communications between you and The Aviary are not protected as privileged communications under the attorney-client privilege or work product doctrine. Your use or purchase of the Documents does not create an attorney-client relationship between you and The Aviary. Unless you are otherwise represented by an attorney, you represent yourself in any legal matter you undertake through our Documents.
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