liability waiver

Assumption of Risk, Waiver, and Release of Liability and Indemnity Agreement

DECLARATIONS: 

This Agreement is entered into between Natural Fitness 704 llc (“Trainer”) and the undersigned (“Client”).  The provision of personal training services both in person and virtual, by Trainer to Client, and Client’s use of any premises, facilities, or equipment are contingent upon the Agreement.

ASSUMPTION of RISK:

You, the Client, agree that if you engage in any physical exercises or activity, in person or virtually, or if you engage in use of any facility or equipment for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not.  This includes injury or damage sustained while and/or resulting from using any premises or facility, or sing any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns.  

Your assumption of risk includes, but not limited to, your use of any exercise equipment (mechanical or otherwise), in all areas including sporting fields, parking lots, stairs, pools, or other general areas of any facilities or any equipment.  You assume the risk of your participation in any activity, class, program, instruction, virtual instruction, or event, including but not limited to weightlifting, aerobic activities, aquatic activities, or any sport in a recreational endeavor.  

You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, limitation, any loss or theft of personal property, whether arising out of the negligence of Trainer or otherwise.

You agree that you are voluntarily participating in a contractual agreement with the Trainer and that you have filled out the Health History Questionnaire, and if applicable, you have had your primary care physician discuss your engagement of physical activity, and agrees that you are safe to start a physical fitness regimen, whether it be in personal training, group personal training, or starting a virtual or in person program, which includes the aforementioned activities with Trainer. 

RELEASE:

You agree on behalf of yourself (and of all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or cause of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns.  

This waiver and release of liability includes, without limitation, injuries which may occur as a result of  (a) your use of any exercise equipment or facilities which may malfunction or break. (b) your use of any virtual programs while unsupervised by Trainer. (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises. 

INDEMNIFICATION:

By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training or virtual training programs by Trainer to you.

ACKNOWLEDGMENTS:

You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by law in the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.  You acknowledge that Trainer offers a service to their clients encompassing the entire recreational and/or fitness spectrum.  Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer.  You acknowledge and agree that Trainer does not place such items into the stream of commerce.  This release is not intended as an attempted release of claims of gross negligence or intentional acts.

You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement.  You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against trainer for trainer’s negligence, or for any defective product used while receiving personal training from Trainer.  You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

Date:____________ Print Name: _____________________ Sign Name: ___________________________