Terms and Conditions
I, the undersigned, acknowledge the inherent risks involved with participating in exercise.
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Accordingly, as consideration in exchange for being allowed to participate in any activities with Phun Phit Pham LLC, I hereby agree to and initial the following:
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1. All information presented on Phun Phit Pham’s website, social media, and with team members is done in good faith for general information purposes only. It is meant to provide general, developmentally appropriate advice and strategies that are typically well tolerated. Our team members have not had the opportunity to review you or your child’s medical history or see you and your child in person. Thus, this information is not a substitute for medical advice and is not meant to replace a visit with your or your child’s physician or referral to a therapist, even if our team members are licensed therapists. It is only meant as advice or explanation of strategies which, if implemented properly, could help. Any action you take upon this information is at your own risk, especially any manipulation of your baby’s body. Phun Phit Pham is not liable for any outcomes or damages in connection with implementation of information received.
2. I acknowledge that I am aware my child and/or I am participating in an exercise program offered by Phun Phit Pham LLC during which I will receive instruction and information about health and fitness. I recognize that the exercise programs require exertion which may be strenuous and may cause physical injury, permanent disability and even death, and I am fully aware of the risks and hazards involved.
3. I understand that it is my responsibility to consult with a physician prior to and regarding my and/or my child’s participation in the exercise program. I represent and warrant that my child and/or I am physically fit and I have no medical condition, which would prevent my full participation in the exercise program.
4. In consideration of being permitted to participate in the exercise program or any other ancillary services, I agree to assume full responsibility for any risks, injuries, permanent disability, death or damages, known, or unknown. Which I and/or my child might incur as a result of participating in the program. If, however, I observe any unusual significant hazard during my and/or my child’s participation, I will remove myself and/or my child from participation and bring such hazard to the attention of the management.
5. In further consideration of being Permitted to participate in the exercise program I knowingly, voluntarily, and expressly waive any claim I and/or my child may have against Phun Phit Pham LLC, its members, affiliates, officers, directors, employees, agents, or any therapist (collectively “Releases”) for injury or damages that I and/or my child may sustain as a result of participating in the program. I also agree to indemnify releases from any and all third-party claims caused or resulting in whole or in part my own actions. I, including my heirs and legal representatives forever release, waive, discharge, and covenant not to sue any of the releases for injury or death caused by their negligence or other acts.
6. I consent to emergency medical care and transportation to obtain treatment in the event of injury to me and/or my child, as Phun Phit Pham may deem appropriate. The releases contained herein extend to any liability arising out of or in any way connected with medical treatment and transportation provided in the event of emergency.
7. I consent to allow Phun Phit Pham LLC to communicate electronically with me through e-mail/text message.
8. I expressly agree that the term and release and indemnity contained herein are intended to be as broad and inclusive as permitted by the laws of the State of Pennsylvania. Any provision or portion of this agreement of Release and Waiver of Liability found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion hereof. The offending provision or portion shall be construed and enforced to the same effect as if such offending provision or portion thereof had not been contained herein. I have read the above release and waiver of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above. I understand that by signing this Agreement I have given up substantial rights.
9. Refunds are not given due to the fact that every person’s development is unique and multi-factorial. Progress can not be guaranteed through the purchase and implementation of products or services.
Photo/Video Release
I hereby grant, Phun Phit Pham, and its legal representatives and assigns, the absolute and irrevocable right and unrestricted permission concerning any photographs that he/she has taken or may take of me or in which I may be included with others, to use, reuse, publish, and republish the photographs in whole or in part, individually or in connection with other material, in any and all media now or hereafter known, including the internet, and for purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use my name in connection with any use if he/she so chooses. I am a legally competent adult and have the right to contract my own name. I have read this document and fully understand its contents. This release shall be binding upon me and my heirs, legal representatives, and assigns.