RELEASE OF LIABILITY
ASSUMPTION OF THE RISK:
I am aware that all activities associated with receiving personal training instruction from a Trainer including, but not limited to activities involving aerobic exercise, stretching exercise, running and weight lifting, as well as additional strenuous exercise and/or exertion of strength, and other sustained physical activities which place stress on the cardiovascular and muscular systems (collectively referred to herein as “Training”), are and can be hazardous activities that include certain risks and dangers, including but not limited to, catastrophic injuries, including paralysis, other serious injuries, and death.
I VOLUNTARILY ACCEPT FULL RESPONSIBILITY OF ALL RISKS INVOLVED, INCLUDING RISKS FROM PARTICIPATING IN ANY WAY IN THE TRAINING USE OF EQUIPMENT PROVIDED BY THE TRAINER OR USE OF EQUIPMENT I PROVIDE, WHETHER THE TRAINING OCCURS AT THE STUDIO, MY HOME, OFFICE OR ANY OTHER LOCATION.
In consideration of my participation in the training provided by Trainer I, for myself, my heirs, executors, administrators or assigns, do hereby release, waive, discharge and covenant not to sue Trainer and/or its members, managers, officers, directors, agents, employees, and affiliated entities (hereinafter referred to as “Releasees”) from liability, from any and all claims, including the negligence of Trainer resulting in personal injury, accident or illnesses. (Including Death) and property loss arising from, but not limited to, participation in the training and use of facilities, premises, or equipment wherever located and by whoever provided. In further consideration for the right to use equipment provided by Trainer or equipment at another location, I acknowledge and agree that Trainer has not inspected the equipment at the Location or the suitability of the area for the training. I expressly release, hold harmless, discharge and indemnify (Including costs and attorney’s fees) Trainer and Releasees for any loss, injury or damage (Including Death) from any cause, including negligence arising out of any Location, and/or arising out of the use of my equipment or equipment or facilities provided by Trainer.
SEVERABILITY AND JURISDICTION
I further expressly agree that the foregoing provisions in this Agreement are intended to be as broad and inclusive as permitted by the laws of the State of New York and if any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I further acknowledge and agree that this Agreement shall be governed by and shall be construed in accordance with the laws of the State of New York and California. Any claims or legal actions by one party against the other shall be commenced and maintained in the state courts of the State of New York and California and the parties hereby submit to the jurisdiction and venue of any such court in either state.
INDEMNIFICATION AND HOLD HARMLESS
I also agree to INDEMNIFY AND HOLD Trainer and all Releasees harmless of any and all claims, actions, suits, procedures, costs, expenses, duties, and liabilities, including attorney’s fees brought as a result of my Training with Trainer and to reimburse Trainer for any such expenses incurred.
I have reported to Trainer that I have either a) been given a physician’s permission to participate in the Training, or b) voluntary participate in the Training and all risks related to the Training without the approval of my physician(s). I represent that I am not aware of any medical or physical condition that would prevent me from participating in the Training or from using equipment or facilities which pose a serious health risk to me. I further acknowledge that Trainer has relied on my statements as being accurate and complete, as a condition to entering into this Agreement. I further acknowledge and agree that I am not obligated to participate in any Training that I do not wish to participate in. I will inform Trainer immediately if I do not wish to participate in any specific Training.
(Disregard the below portion if payment has been made in full or did not seek yearly coaching) The initial term of this Coaching Contract shall be for the term that was agreed upon with us (the “Initial Term”) commencing on the date this Coaching Contract is executed by authorized officers. The first payment will be debited at the start of the program with future payments approximately on the same day each month (every 30 days) thereafter until completion / termination of the training program. If the contract is canceled before the term is over, there will be a $250.00 early cancellation fee charged to the client. At the expiration of the “Initial Term”, this contract will automatically renew on a month to month basis at the same monthly rate as the “Initial Term” unless the client gives a termination notice at least 14 days prior to the next payment date. EFT Payment Authorization: Client hereby authorizes Trainer or its assigns to make periodic charges or withdrawals (“Electronic Funds Transfer Authorization”) from my account as listed below for the payment of any and all fees, expenses or any other monies due Trainer. Client waives the right to receive prior notice for charges of withdrawals made with respect to any uncollected payments or portions of the balance due described below and the corresponding service charge.
By proceeding with the program, you acknowledge that you understand and agree to the above.