disclaimer
waiver and release of liability and assumption of risk
1. sit and stay fit is a fitness training service provider providing group or private classes (currently virtually)
2. I have requested to attend sit and stay fit's group or private fitness training sessions virtually.
3. I will provide any equipment to be used in connection with the workouts.
4. I have complete control over the area in which I will perform our workouts. For and in consideration of carrying out the purposes of a virtual fitness training program, the parties do hereby agree as follows:
acknowledgement of purchase
I through the purchase of group or private training sessions, have agreed to participate voluntarily in a program of gentle physical exercise, including, but not limited to, strength training, flexibility development, yoga and aerobic exercise (“Activities”), under the guidance of sit and stay fit, its authorized agents, employees, and contractors (“Trainer”).
acknowledgement of health
I declare myself physically and mentally sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in training sessions or my use of Equipment (as defined below).
I acknowledge I have read on the website under FAQs the need for a physician’s approval for my participation in an exercise/fitness activityparticularly if I have had surgery or recovering from an ailment.
I recognize it is my sole responsibility to obtain an examination by a physician prior to involvement in any exercise program.
I acknowledge I have either had a physical examination and been given my physician’s permission to participate, or
if I have chosen not to obtain a physician’s permission prior to beginning this exercise program with Trainer, I acknowledge I am doing so at my own risk.
equipment
I will provide the equipment to be used in connection with workouts, including, but not limited to, Chair, and, only where appropriate, weighted dumbbells, yoga bands and similar items (“Equipment”), and I will have control over the area in which I perform the workout. I represent and warrant any and all “Equipment” I provide for training sessions (“My Equipment”) is for personal use only.
“Trainer” has not inspected “My Equipment” and has no knowledge of its condition.
I understand I take sole responsibility for “My Equipment”.
I acknowledge that “My Equipment” may malfunction and/or cause Injuries and Changes (as defined below) and that I take sole responsibility to inspect any and all of “My Equipment”.
assumption of risk
I understand and am aware that “Activities”, even though gentle, including the use of “Equipment”, are potentially hazardous “Activities”.
I acknowledge the possibility that injuries and physical and mental changes (“Injuries and Changes”) arising during and/or resulting from engaging in “Activities” does exist.
“Injuries and Changes” include, but are not limited to, abnormal blood pressure, fainting, disorders in heartbeat, heart attack, and, in some instances, death. I understand Injuries and Changes could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life.
I am voluntarily participating in “Activities” and using “Equipment” with knowledge of the dangers involved.
I understand and take sole responsibility for any and all “Injuries and Changes” that may occur to myself related to any and all “Activities” associated with “Trainer” instruction, even if not specifically set forth in this document, whether or not they fall within the scope of reasonably foreseeable injuries related to such “Activities”, and whether or not undertaken in Trainer’s presence. Although “Trainer” will take precautions to ensure my safety, I expressly assume and accept sole responsibility for my safety and for any and all “Injuries and Changes” that may occur.
waiver and release of liability
In consideration of sit and stay fit agreement to instruct, assist, and train me, I hereby agree to hold harmless “Trainer”, its respective representatives, executors, agents, and assigns from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected to my participation in any and all “Activities”, use of “Equipment”, or any and all acts or omissions, including negligence by “Trainer” and his representatives. This waiver and release of liability includes, but is not limited to, (a) “Injuries and Changes” to myself and/or others, including but not limited to “Trainer”, that may occur as a result of (i) “Equipment” that may malfunction or break; (ii) any and all defects, latent or apparent, in the design or condition of “Equipment”; (iii) any and all slips, falls, or dropping of “Equipment”; (iv) any and all improper maintenance of “Equipment” or facilities; (v) any hazardous condition that may exist on the premises, including, but not limited to, the specific workout area; and (vi) Trainer’s negligent instruction or supervision; (b) damage to property, including but not limited to, “Equipment” and the premises.
conclusion
I acknowledge and agree no warranties or representations have been made to me regarding the results I will achieve from this program.
I understand results are individual and may vary.
I acknowledge I have thoroughly read this waiver and release and fully understand it is a waiver and release of liability.
By signing this document, I am waiving any right I, or my heirs and/or assigns, may have to bring any and all legal actions or assert any and all claims against Trainer, its respective representatives, executors, and/or assigns.
I represent and warrant I am signing this agreement freely and willfully and not under fraud or duress.
I further represent and warrant no social relationship exists between Trainer and me, or if such a social relationship exists, for purposes of my training sessions, Trainer and I have assumed a strict business relationship, and I understand any social relationship does not render this waiver invalid.
These exculpatory clauses are intended to apply to any and all “Activities” occurring during the time for which I have contracted with ‘Trainer’.
