Safety Waiver, Assumption of Risk & Release of Liability

1. What this agreement covers

This agreement is between you ("Member", "you") and Dayna Werner and The D Plan Program, including its owner, coaches, contractors, affiliates, hosts and service providers (together, "the Program", "we", "us").

It applies to everything the Program offers: live 30-minute online classes, saved and replay classes, the 360-day program, 5-minute AI Avatar workouts, workout and food journals, weekly check-ins, challenges, 1-on-1 coaching sessions, written guides, emails and any other content or service you access through this app or website.

2. Not medical advice

The Program is fitness and general wellness education only. It is not medical advice, diagnosis, treatment, physical therapy, nutrition counseling or a substitute for care from a licensed professional.

Dayna Werner is a fitness coach, not a physician, dietitian, physical therapist or licensed medical provider. Nothing in the classes, journals, scripts, AI Avatar workouts, emails or coaching calls should be treated as medical direction.

You agree to consult your own physician before starting this or any exercise or nutrition program, and again before you change it — especially if you are pregnant or postpartum, recovering from surgery or injury, or living with heart, lung, joint, blood pressure, metabolic, neurological or musculoskeletal conditions, or taking medication that affects exercise.

3. Medical clearance and your representations

By signing, you represent that: (a) you are at least 18 years old; (b) you are in good enough health to exercise, have no medical condition or advice from a physician that would prevent safe participation, and have obtained medical clearance if any condition or symptom applies to you; (c) you will keep the Program informed of anything that changes that; and (d) all information you give the Program, including in journals and check-ins, is accurate.

If a doctor has told you not to exercise, do not participate.

4. Assumption of risk

You understand that exercise — including bodyweight movement, strength work, cardio and interval training, stretching, use of equipment, and following live or recorded instruction remotely — involves inherent risks. Those risks include, without limitation: muscle strains, sprains, tears and cramps; back, neck, joint, tendon and ligament injury; falls, slips and impacts; broken bones; heat illness, dehydration, dizziness, fainting, nausea; abnormal blood pressure; heart attack, stroke, cardiac event; disability, paralysis and death.

You also understand that online delivery means no coach is physically present with you, that the Program cannot see or control your space, flooring, equipment, footwear, hydration, form, technique or pace, and that you may not receive real-time correction.

You knowingly, freely and voluntarily assume all of these risks, both known and unknown, and accept full responsibility for your participation.

5. Your responsibility during workouts

You are solely responsible for exercising within your own limits. You agree to warm up and cool down, use safe form, work in a clear space free of hazards, use equipment as intended and in good condition, hydrate, modify or skip anything that does not feel right for your body, and stop immediately and seek medical attention if you feel pain, chest discomfort, shortness of breath, dizziness, faintness or any other warning sign.

You agree that choosing to continue a workout after any warning sign, or after being advised to stop, is your decision and your responsibility.

You are also responsible for the supervision and safety of any child, pet or other person in your workout space.

6. Release, waiver and covenant not to sue

To the fullest extent permitted by law, you release, waive, discharge and covenant not to sue Dayna Werner, The D Plan Program, and its owners, officers, coaches, employees, contractors, affiliates, sponsors, technology providers and agents from any and all claims, demands, actions, causes of action, liabilities, damages, losses, costs and expenses — including personal injury, illness, death, property damage and attorney's fees — arising out of or related in any way to your participation in the Program, whether caused in whole or in part by the ordinary negligence of the released parties or otherwise.

This release does not apply to gross negligence, willful misconduct, fraud, or any liability that cannot lawfully be released.

7. Indemnification

You agree to indemnify, defend and hold harmless the released parties from any claim, loss, liability or expense brought by you, by anyone claiming through you, or by any third party arising out of your participation in the Program, your breach of this agreement, or your failure to follow instructions or medical advice.

8. No guarantee of results

The Program makes no guarantee of any specific result, including weight loss, inches lost, strength, endurance, appearance or health outcome. Results depend on your consistency, genetics, medical history, nutrition, sleep, stress and other factors outside the Program's control. Any figure, testimonial, success story or before/after shown by the Program is one person's experience, not a promise of your outcome.

9. AI Avatar and recorded content

Some workouts are delivered by a digital AI avatar of Dayna Werner and by pre-recorded video. These are not live supervision and cannot respond to you, assess your form or react to an emergency. All of the terms of this waiver apply to that content exactly as they apply to live classes.

You agree not to record, copy, resell, share, publish or redistribute any Program class, avatar workout, journal, script or guide. Access is a personal, non-transferable license for your own use.

10. Live classes and recording

Live classes may be recorded for replay. If your camera or microphone is on, you may be captured in that recording, and you consent to its use for Program delivery and promotion. If you do not want to appear, keep your camera and microphone off.

11. Billing, cancellation and refunds

Memberships are billed in advance in U.S. dollars on the schedule shown at checkout and renew automatically until you cancel. You can cancel any time from your billing page; cancellation stops future charges and your access continues through the end of the period you already paid for. Charges already billed are non-refundable except where required by law. Prices, class times and included features may change with notice.

12. Emergency care and contact

In an emergency you agree to call your local emergency number — the Program cannot provide emergency assistance, first aid or medical response, and no coach is present with you. You consent to the Program contacting emergency services or your listed contact if it becomes aware of an emergency, without obligation to do so.

13. Severability, governing law and entire agreement

If any part of this agreement is found unenforceable, the rest stays in full force and the unenforceable part is limited to the minimum extent needed. This agreement is governed by the laws of the state in which The D Plan Program operates, and you agree that any dispute will be brought only in the courts of that state.

This is the entire agreement between you and the Program about safety, risk and liability, and it replaces any earlier understanding. It is binding on you, your heirs, family, executors, administrators and assigns.

14. Your acknowledgement

By typing your full legal name and submitting the form below, you confirm that you have read this entire agreement, that you understand you are giving up substantial legal rights including the right to sue, that no one pressured you into signing, and that you are signing freely. Your typed name is your electronic signature and has the same effect as a handwritten one.