The following must be carefully read and signed in consideration of being permitted to participate in any event, class, conference, or workshop (collectively “Activities”) hosted or provided by: (i) Katrina Ubell Coaching, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively, the “Company”); (ii) any Company volunteers; (iii) Katrina Ubell, MD; and (iv) any person or entity engaged by the Company to provide goods or services in connection with the Activities (collectively “Releasees”).

1. Eligibility. In order to attend and participate in the Activities, you must be currently enrolled or have completed the Company’s Weight Loss for Doctors Only program. 

2. Fees and Payment Terms. I agree to pay the full cost of my ticket to attend the Activities and may not transfer my ticket to anyone else without the Company’s written permission.  

3. Refund Policy and Cancellation Deadlines.  In consideration of my access to and participation in the Activities, I agree to pay the ticket fee to which I agree at checkout. This ticket fee is refundable until the cancellation deadlines outlined in this section. 

4. No Medical or Professional Advice. I acknowledge that, although she is a medical doctor, Katrina Ubell, in her capacity as a coach, is not providing medical care or advice, nor any other professional services through the Activities including, but not limited to, psychiatric/mental health care, financial services, or any kind of behavioral therapy or counseling. My participation in the Activities does not establish a doctor-patient relationship of any kind between me and the Releasees. I acknowledge that the Activities are offered for informational purposes only and no portion of them is intended to substitute for professional advice, including but not limited to medical, psychiatric, psychological, or behavioral advice and/or treatment, and that I may not rely on the Activities to provide such advice or treatment. 

5. Following Rules, Instructions. I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives, or agents and to abide by any decision of the Company, including decisions made by Company staff, volunteers, vendors, or contractors, relative to my ability to safely participate in or attend the Activities.
6. Appropriate Behavior; Dismissal Without Refund. I understand and agree that I am expected to exhibit appropriate behavior at all times while participating in Activities and will obey all local, state, and federal civil and criminal laws while participating in or attending Activities. This includes, generally, respect for other people, equipment, facilities, or property.  The Company may dismiss me, without refund, if I violate this Agreement in any way or if my behavior might endanger the safety of or negatively affect the Activities or any person, facility, or property. 

7. Lost, Damaged, or Stolen Items. I understand and agree that the Releasees are not responsible for any personal items or property that are lost, damaged or stolen at or during the Activities.

8. Consent to Medical Care. I consent to medical care and transportation in order to obtain treatment in the event of injury to me as the Company or medical professionals may deem appropriate. I understand that this Agreement extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.

9. Consent to Use My Image. I consent to the use of my image, voice, and/or likeness in photographs, videos, or recordings, whether altered or unaltered, taken at the Activities for use by the Company in any media now known or unknown, and I waive and release any right to compensation and/or damages with respect to the use, display, distribution or other publication of such photographs, videos, or recordings. 

10. License to Use My Photos, Videos, or Recordings. I grant the Company an unlimited, non-exclusive, perpetual right and license to use any and all photographs, videos, recordings, or other records of Activities I may create or capture, in any media now known or unknown.

11. Intellectual Property, Use of Company Materials. I acknowledge that the Company owns, or has permission to use, all copyrights, trademarks, logos, slogans, and other intellectual property rights in any written or digital materials or videos that may be used or provided during Activities (“Company Materials”). The Company hereby grants me permission to use Company Materials for my own personal use only. I agree not to copy, share, sell, or distribute any Company Materials to anyone else.

12. Statement of Responsibility. I agree that I am fully and personally responsible for my own safety and actions during Activities. I represent and warrant to Releasees that I am able to safely participate in Activities and have no medical condition that would make my participation in the Activities more hazardous. 

13. Assumption of Risk. I am fully aware of the risks and hazards inherent in participating in Activities and I voluntarily, knowingly, and freely assume all risks associated with participating in Activities, including, but not limited to, injuries, illnesses, infections, paralysis and even death. 

14. Indemnification and Release: I indemnify and hold harmless Releasees from any loss, liability, damage or cost they may incur due to my participation in Activities, whether or not caused by the active or passive negligence of the Releasees. I also agree to indemnify the Releasees from any and all third-party claims caused in whole or in part by my negligent, reckless, or intentional acts or omissions. I release, waive, discharge, hold harmless, and covenant not to sue Releasees from any and all liability to me, my personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my attendance or participation in Activities, whether or not caused by the active or passive negligence of any Releasees. This release is not intended as an attempted release of claims of grossly negligent, reckless, or intentional acts by the Releasees. In the event that this release and indemnification provision is held unenforceable for any reason, I agree to limit any damages claimed to the total paid to the Company for the Activities, whether paid by me or a third party.

15. California Civil Code Section 1542 Waiver.  I expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived.  That section provides: 

16. Force Majeure.  I agree that the Releasees shall not be liable or responsible to me, nor be deemed to have defaulted or breached this agreement, for any failure or delay in fulfilling or performing any term of this agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Releasees including, without limitation, acts of God or public enemy, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, death, illness or incapacity of the Releasees, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. 

16. Choice of Law; Venue. I understand and acknowledge that the laws of the State of Wisconsin shall apply to all matters relating to this Release and Indemnity Agreement regardless of the Activity location, and that the exclusive jurisdiction for any dispute arising from this agreement resides in state or federal court in or nearest to Milwaukee, Wisconsin. I expressly consent to the exercise of personal jurisdiction in the State of Wisconsin and expressly waive the defense of forum non conveniens in connection with any dispute arising from my participation in or attendance at any Activities.

17. General Terms. I expressly agree that this Release and Indemnity Agreement is intended to be as broad and inclusive as permitted by the law of the State of Wisconsin, and that if any portion is held invalid, it is agreed that it will be severed, and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of reckless or intentional acts by the Releasees. This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations. 

I acknowledge that I have carefully read this agreement and fully understand that it is a binding contract and release of liability, express assumption of risk and indemnity agreement. I am aware and agree that by signing this agreement, I am giving up my right to bring a legal action or assert a claim against the Releasees for negligence, or for any defective product used while participating in Activities. I have read and voluntarily signed this agreement and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

By clicking “I agree to the terms and conditions”, I am providing the electronic equivalent of my signature and assert that I have read, understood, and agreed to this entire document.


July 22, 2022