FITNESS SERVICES WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT
This Fitness Services Waiver, Release of Liability, and Assumption of Risk Agreement (this "Agreement") is entered into and effective as of ________ (the "Effective Date"), by and between the Client and the Fitness Provider identified below.
§ 1. PARTIES AND IDENTIFYING INFORMATION.
1.1 I, ________ (the "Client"), hereby acknowledge and agree that, by signing this Agreement, I voluntarily and knowingly waive certain legal rights, including the right to sue the following party and, where applicable, its owners, officers, members, managers, trainers, instructors, employees, agents, representatives, successors, assigns, and facilities, in connection with any physical, material, tangible, or intangible loss, injury, or damage that may occur to me during my participation in any of the fitness services (the "Fitness Services") undertaken while under their instruction or thereafter: ________ (the "Fitness Provider").
1.2 The following is my identifying and contact information as the Client:
Client Legal Name: ________
Client Address:
________
Client Phone Number: ________
Client Email Address: ________
Client Date of Birth: ________
Emergency Contact Name and Phone Number: ________
1.3 The following is the identifying and contact information of the Fitness Provider:
Business Name: ________
Business Address:
________
Business Contact Number: ________
Business Email Address: ________
§ 2. DESCRIPTION OF FITNESS SERVICES. I will be voluntarily participating in the Fitness Services to be conducted by or on behalf of the Fitness Provider. The Fitness Services include, without limitation, the following:
________
§ 3. ACKNOWLEDGMENTS. My initials beside each provision below indicate that I have read, understand, and agree to the following:
3.1 ______ It is my sole responsibility to consult a physician before participating in this or any fitness program, and I affirm that I have no medical condition that would restrict me from participating in any of the Fitness Services.
3.2 ______ I agree to hold the Fitness Provider, and where applicable its owners, trainers, employees, agents, and representatives, harmless from any damage, whether tangible or intangible, that may occur to me while participating in the Fitness Services. Such injuries may include, without limitation, muscle strains, sprains, and spasms, cardiac events, elevated blood pressure, and broken, fractured, or dislocated bones.
3.3 ______ I agree that the Fitness Provider offers the Fitness Services with no guarantee of results. I am solely responsible for maintaining a diet and fitness regimen appropriate to my level of health and stamina, and I agree that any results that occur, whether positive or negative, are the effects of my own personal choices.
3.4 ______ I agree that participation in the Fitness Services is not a replacement for actual medical care, and that if I experience any medical issue, I will contact my physician immediately.
3.5 ______ I agree and verify that all information I have provided to the Fitness Provider and its representatives is accurate, current, and without omission of any known medical condition.
3.6 ______ I agree and verify that if I have omitted any necessary personal information, whether knowingly or unknowingly, I will hold the Fitness Provider harmless against all liability for any damages that may occur to me or to others because of my actions or inactions.
3.7 ______ I agree to keep the Fitness Provider apprised of any changes or anticipated changes concerning my physical health and personal information.
3.8 ______ I understand and agree that it is my responsibility to inform the Fitness Provider if I experience any pain or discomfort before, during, or after the Fitness Services.
3.9 ______ If I require medical treatment or attention while or after participating in the Fitness Services, I agree that the resulting medical costs are mine alone, and I hold the Fitness Provider blameless from any charges, fees, or costs that my condition may incur.
§ 4. ASSUMPTION OF RISK. I understand and am aware that my participation in the Fitness Services involves inherent and other risks. These risks may lead to tangible or intangible harm, and I agree that they may result not only from my own actions but also from the actions or omissions of others. With full knowledge and understanding of these risks, I voluntarily and of my own free will elect to participate in the Fitness Services. I further acknowledge that there may be risks I have not considered, and I expressly waive any claim arising from such unconsidered risks, electing of my own free will to participate in the Fitness Services.
§ 5. WAIVER AND RELEASE OF LIABILITY. In consideration of being permitted to participate in the Fitness Services, I knowingly, voluntarily, and expressly waive, release, discharge, and hold harmless the Fitness Provider and, where applicable, its owners, officers, members, managers, trainers, employees, agents, representatives, successors, and assigns (collectively, the "Released Parties"), from any and all claims, demands, causes of action, liabilities, or damages of any kind, whether known or unknown, that I, my heirs, or my personal representatives may have or may hereafter accrue, arising out of or related to any loss, damage, injury, or death sustained by me while participating in the Fitness Services or while on or about the premises and facilities where the Fitness Services are conducted. This waiver and release is intended to be as broad and inclusive as permitted by the laws of the applicable jurisdiction. Notwithstanding the foregoing, this release shall not apply to liability arising from the gross negligence, willful misconduct, or intentional acts of the Released Parties, to the extent such liability may not be waived under applicable law.
§ 6. INDEMNIFICATION. I agree to defend, indemnify, and hold harmless the Fitness Provider and any of its affiliates (where applicable) against any and all claims, demands, liabilities, and costs, including reasonable attorneys' fees and expenses, arising from or relating to my use or misuse of the Fitness Services or my conduct or actions. I agree that the Fitness Provider may select its own legal counsel and participate in its own defense, if desired.
§ 7. REPRESENTATION OF AGE AND CAPACITY. I represent and warrant that I am at least eighteen (18) years of age, of sound mind, and medically and physically able to participate in the Fitness Services.
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§ 9. GOVERNING LAW; JURISDICTION AND VENUE. This Agreement shall be governed by and construed in accordance with the internal laws of the State of ________, without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county in any legal suit, action, or proceeding arising out of or based upon this Agreement: ________.
§ 10. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral. This Agreement may be amended only by a written instrument signed by both parties.
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IN WITNESS WHEREOF, the Client has executed this Agreement as of the Effective Date.
________________________________________
Client Signature
Client Printed Name: ________
Date: ________
ACKNOWLEDGED BY FITNESS PROVIDER:
________________________________________
Authorized Signature
Printed Name: ________
Title: ________
Date: ________