PARTICIPATION CONSENT, RELEASE AND WAIVER OF LIABILITY AGREEMENT, MEMBER SERVICE AGREEMENT

IDENTIFICATION OF RISK 

• I understand that physical training instruction, nutrition instruction, as well as nutrition and training counseling (collectively the “Services”), are exclusively for the maintenance of health and the promotion of increased physical performance. The Services are not for the identification, management, or treatment of any medical condition or disease.

• I understand that the Services may or may not be provided by a Medical Doctor, Registered Dietitian, Nutritionist or physical fitness professional.

• I acknowledge and agree that I have been informed and made fully aware that none of the Services provided by The Dan Plan are intended to be a medical diagnosis, medical treatment, or medical advice.

• I further acknowledge and agree that these Services should never be used as a medical diagnosis, medical treatment, or medical advice or used in place of proper evaluation and treatment by a qualified medical professional. I have been directed to always seek the advice of a physician or other qualified healthcare provider prior to starting any and every new dietary plan, nutritional plan, and/or exercise regimen to ensure that dietary plan, nutritional plan, and/or exercise regimen is medically appropriate and safe and to address all questions relative to any medical condition I may have.

• I understand that the Food and Drug Administration has not evaluated any of the statements made by The Dan Plan unless otherwise stated.

• I understand that the Services provided by The Dan Plan are not intended for and should not be used by individuals who are pregnant, nursing, under 18 years old without a parent and/or guardian consent, have health problems, or have other special nutritional or medical concerns. These individuals may have unique nutritional, metabolic, and health needs, and The Dan Plan Diet will NOT present accurate information to these individuals. Every person should seek the advice of their physician or another qualified healthcare provider.

• I understand that there are significant risks involved in all aspects of physical training. These risks include but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains.

• I understand that any of these above-mentioned risks may result in serious injury or death to me and or my training partner(s).

• I further acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others.

ACKNOWLEDGMENT OF RISK

• I am fully aware of the risks and hazards connected with participation in The The Dan Plan, and its activities, including but not limited to receipt of the Services as described above, and I hereby voluntarily elect to participate in The The Dan Plan, and related activities, knowing that participation may be hazardous or dangerous to me.

WAIVER OF LIABILITY

• In consideration for permission to participate in and receipt of the Services from The Dan Plan Diet, I voluntarily  agree to release, waive, discharge covenant not to sue and hold harmless Daniel McNeill Martin, CrossFit A1A LLC, CrossFit 305 LLC, CrossFit 262 LLC, and/or all of their respective principals, agents, employees, volunteers, employees, and/or representatives (hereinafter “Released Parties”) from any and all liability, arising out of any loss, damage, or injury, including death that may be sustained by me, or to any property belonging to me, or both, including but not limited to any claims, demands, actions or rights of action, judgments, damages, expenses and costs, including attorneys’ fees which are related to, arise out of, or are in any way connected with my participation in The Dan Plan Diet, including those allegedly attributed to any the negligent acts or omissions of the Released Parties, and I further waive any right that I, my family, heirs, representatives, or assigns might otherwise have and covenant not to sue said Released Parties in connection with any such liability. 

• I understand that the terms and conditions contained within this PARTICIPATION CONSENT, RELEASE AND WAIVER OF LIABILITY AGREEMENT (hereinafter “Waiver) serve as a release and assumption of risk for me as well as my heirs, estates, executors, administrators, and assignees. I hereby acknowledge and agree that it is my obligation to make any necessary inquiries regarding possible risks and hazards from my participation, and regarding my ability, physically or otherwise, to safely participate in The Dan Plan.

• In signing this Waiver I acknowledge and represent that (1) I have read the foregoing Waiver, understand it and sign it voluntarily as my own free act and deed; (2) I am at least eighteen (18) years of age and fully competent or, in the case of a minor participant in the Dan Plan Diet, I am the parent and/or guardian of a minor child under the age of eighteen (18) years old who I allow participating in The Dan Plan; (3) I execute this Waiver for full, adequate and complete consideration fully intending to be bound by the same and intending to bind my heirs, successors, assigns, personal representative and estate; (4) I agree that this Waiver is to be construed under the laws of the State of Florida, U.S.A. and that venue shall be in Miami-Dade County, Florida. If any portion of this Waiver is held invalid, it is agreed that the remainder of the Waiver shall continue in full legal force and effect. I HAVE READ THIS, AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THE FOREGOING WAIVER HAVE BEEN MADE, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. 

MEMBER SERVICE AGREEMENT

• I am committed to making a change and I am ready to start now. I will not change my mind, turn back or give up. No matter what I expect, I will do my best.

• I understand that The Dan Plan works if I choose to follow it.

• I understand that only if I commit, I will get the positive results I desire and deserve.

• I understand that if I make a bad food choice, I will accept that mistake and move forward.

• I understand that I am recommended to check in every day via Facebook Messenger and/or The Dan Plan Diet Facebook Group.

• I understand that I need to track my food choices and report them to my coach.  

• I understand that any and all of the information I receive for The Dan Plan is intellectual property and may not be duplicated or shared for any purpose.

• I understand that once I have access to The Dan Plan, it is a 3-month commitment and there will be no refund. Cancel anytime after that. No problem. Why a 3-month commitment? Because we know it works.

• I understand that once I have access to The Dan Plan, it is a 12-month commitment—if I selected the annual plan—and there will be no refund. Cancel anytime after that. No problem.

• I agree to ongoing monthly recurring billing after the first 3 months—or annually if I selected the annual plan—until I cancel in writing with an email to The Dan Plan.