ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

 

Overview

 

This Agreement is entered into between personal trainer Alicia Schulz (“Trainer”) and the undersigned (“Client”). The provision of personal training services by Trainer to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.

 

 

ASSUMPTION OF RISK:

You (the Client) agree that if you engage in any physical exercise or activity, including personal training, on any facility/location or equipment on any facility/location 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 facility/location, or using 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 is not limited to, your use of any exercise equipment (mechanical or otherwise), or other general areas of any facilities/ locations, or any equipment. You assume the risk of your participation in any training activity, program, instruction, or event.

 

You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.

 

RELEASE:

You agree on behalf of yourself (and 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 causes 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/ locations which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities/ locations, (c) negligent instruction or supervision, including personal training, (d) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training/coaching/nutrition counseling, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility/ location of use.

 

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 and/or coaching 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 the law in the State of Missouri 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 his/her clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling exercise equipment, or other such products to the public, and the use of any such items is incidental to the service provided by Trainer. 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/coaching/nutrition counseling 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.

 

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ADDENDUM TO “ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT”

 

 

WARRANTS & REPRESENTATIONS

 

1. I warrant that I am in good health and have no pre-existing medical conditions that would affect my ability to participate in stretching activities, and that I have notified the Trainer of any-and-all pre-existing medical conditions that I have.

2. I hereby accept and assume all risks existing in this activity and understand that possible injuries that may occur during or as a result of this activity include, but are not limited to, contusions, muscle strains, sprains and tears, neck and back injury, paralysis, and even death.

3. My participation in this activity is purely voluntary and I elect to participate regardless of the risks.

4. I understand that I should obtain a physician’s approval before participation in any exercise program or any hands on approach.

5. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless the Trainer and any other persons involved with the program’s activities, either directly or indirectly, from any responsibility or liability of any nature to me for any personal injuries or death, as well as any-and-all claims, demands, or causes of action, which are in any way connected with my participation in this activity or use of equipment or facilities, including any such claims which allege the negligent acts or omissions of I hereby covenant not to bring any action legal, equitable, or otherwise, or to make any claim of any nature whatsoever, including negligence or the failure to exercise reasonable or slight care, against the Trainer, and any other persons involved with the program’s activities, either directly or indirectly, for any personal injury or injuries, including death, which I might sustain in such program activities.

6. Should the Trainer or anyone acting on her behalf be required to incur attorney fees and/ or costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and/or costs.

7. I hereby execute this release with the intent to be legally bound hereby for myself and on behalf of my heirs, administrators, parents, spouses, children, executors and assigns.

8. I understand that I am fully and solely responsible for any-and-all medical expenses that I might incur as a result of my participation in any of the stretch program’s activities.

9. I knowingly and voluntarily make these covenants, releases and waivers, and with full knowledge and understanding of any-and-all risks involved in the program activities and expressly agree to accept and assume those risks.

10. I further make these covenants, releases and waivers with the intent to bond myself, my executors, heirs, administrators, parents, spouses, children and assigns to the fullest extent.

 

By accepting services, I acknowledge that the information provided by me is accurate and truthful. I have read the ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT and the HANDS ON THERAPY INFORMED CONSENT TO PHYSICAL CONTACT, PARTICIPANT’S AGREEMENT, RELEASE AND ACKNOWLEDGEMENT OF RIGHTS waiver document in its entirety and fully understand and accept, knowingly and voluntarily the terms contained within these documents.

 

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