30 days or less from start date – no refunds
90-30 days from start date – 50% refund, until I can fill your spot, then the other 50% minus credit card fees
More than 90 days – 100% refund minus credit card fees
Liability Waiver and Release Agreement
This Liability Waiver and Release Agreement (“Agreement”) is issued by Melissa Sunshine and Insight BioFitness LLC (“Provider”). By paying for and/or participating in any services or activities provided by Provider, the purchaser and/or participant (“Participant”) acknowledges and agrees to the terms outlined below.
1. Scope of Activities
This Agreement applies to all services offered by Provider, including but not limited to:
- Fitness training and exercise programs.
- Wellness coaching and workshops.
- Wine and Wellness Tours, which may include physical activities, outdoor excursions, wine tastings, transportation, and associated events.
2. Acknowledgment of Risks
Participant acknowledges that the services and activities provided by Provider involve inherent risks, including but not limited to:
- Physical exertion that may result in injury or illness.
- Consumption of food or beverages, including alcohol, which may result in allergic reactions or other adverse effects.
- Risks associated with travel, including transportation accidents and outdoor hazards.
By paying for these services, Participant voluntarily assumes all risks associated with their participation.
3. Medical Fitness and Responsibility
Participant affirms that they are physically and mentally capable of participating in the activities offered. It is the Participant’s responsibility to consult a healthcare provider if they have any concerns about their fitness to participate.
Participant agrees to disclose any medical conditions, allergies, or limitations that may affect their participation.
4. Release of Liability
By paying for services, Participant releases and holds harmless Melissa Sunshine, Insight BioFitness LLC, its owners, employees, contractors, agents, and affiliates from any and all claims, damages, or liabilities arising out of or related to participation, except in cases of gross negligence or willful misconduct by Provider.
5. Assumption of Alcohol-Related Risks
Participant acknowledges that wine tastings or alcohol consumption may impair judgment and increase risks. Participant agrees to consume alcohol responsibly and assumes all liability for their actions during and after participating in activities involving alcohol.
6. Indemnification
Participant agrees to indemnify and defend Provider against any claims or damages resulting from Participant’s actions or failure to follow instructions or guidelines.
7. Consent to Emergency Medical Treatment
In the event of a medical emergency, Participant consents to emergency treatment deemed necessary by healthcare professionals and assumes responsibility for any associated costs.
8. Media Release
By participating in Provider’s activities, Participant grants permission for Provider to use photographs or videos taken during events for promotional purposes, including but not limited to social media and marketing materials.
9. Agreement to Terms
By paying for services provided by Melissa Sunshine and Insight BioFitness LLC, Participant acknowledges that they have read, understood, and agree to this Liability Waiver and Release Agreement. Payment constitutes acceptance of these terms and serves as a binding agreement between Participant and Provider.
10. Governing Law
This Agreement shall be governed by the laws of the state of Idaho. Any disputes shall be resolved in a court of competent jurisdiction in the same state.