Group Training Waiver

ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT DECLARATIONS: This Agreement is entered into between personal trainer Callie Exas_ (together with [_CE__]’s affiliates, related entities, employees, agents, representatives, successors, and assigns, the “Trainer”) and the undersigned (together with the undersigned’s personal representatives, heirs, executors, administrators, agents, and assigns, the “Client” or “You”). 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 agree that if you engage in any physical exercise or activity, including personal training, or enter any premises used in connection with such physical exercise or activity, or use any facility or equipment on such premises for any purpose, whether provided to you by Trainer or otherwise, you do so voluntarily and at your own risk and assume the risk of any and all injury, aggravation 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 (collectively “Injury”). Participating in such physical exercise or activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, boxing, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. 

RELEASE: Client agrees to release and discharge Trainer from any and all claims actions, suits, procedures, losses, liabilities, damages, expenses or costs (known or unknown) arising out of the negligence of Trainer, whether active or passive. 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) improper maintenance of any exercise equipment, premises or facilities, (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 a 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, to the fullest extent allowed by law, from any and all responsibility, claims, actions, suits, procedures, losses, liabilities, damages, expenses or costs Trainer may incur arising out of or in any way related to to the provision of personal training by Trainer to you.

REPRESENTATIONS: You represent that you (a) have no medical or physical condition that would prevent you from properly using any equipment in connection with any physical exercise or activity, including personal training, provided by Trainer, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you may be at risk in engaging in any physical exercise or activity.

TERMINATION OF SERVICES: If in the subjective opinion of Trainer, you would be at physical risk participating in a physical exercise or activity, you understand and agree that you Trainer may terminate the provision of personal training services until you furnish Trainer with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Trainer’s concerns and stating that Trainer’s concerns are unfounded.

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 New York 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 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. 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.