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This form is an important legal document. It explains the risks you are assuming by beginning an unsupervised exercise program. It is critical that you read and understand it completely. This is a waiver, informed consent, and covenants not to sue.
I have volunteered to participate in a program of physical exercise under the direction of Ultimate Phitness, LLC. which will include, but may not be limited to nutrition, weight and resistance training. In consideration of Ultimate Phitness, LLC. agreement to instruct, assist, and train me, I do hereby forever release, discharge, and hold harmless Ultimate Phitness, LLC., and their respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in this or any exercise program including any injuries resulting there from.
THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF (1) EQUIPMENT THAT MAY MALFUNCTION OR BREAK (2) ANY SLIP, FALL, DROPPING OF EQUIPMENT AND (3) OUR NEGLIGENT INSTRUCTION OR SUPERVISION.
Assumption of Risk
I recognize that exercise might be difficult and strenuous and that there could be dangers inherent in exercise for some individuals. I acknowledge that the possibility of certain unusual physical change during exercise does exist. These changes include abnormal blood pressure, fainting, disorders in heartbeat, heart attack and in rare instances, death.
I understand that as a result of my participation in an exercise program, I could suffer an injury or physical disorder that could result in my becoming partially or totally disabled and incapable of possible gainful employment or having a normal social life. I recognize that an examination by a physician should be obtained by all participants prior to involvement in any exercise program, and hereby agree to such prior to my participation in the program.
If I have chosen not to obtain a physician’s permission prior to beginning this exercise program with Ultimate Phitness, I hereby agree that I am voluntarily and knowingly doing so at my own risk. In any event, I acknowledge and agree that I assume the risks associated with any and all activities and/or exercises in which I participate.
I acknowledge and agree that no warranties or representations have been made to me regarding the results I will achieve from this program. I understand that results are individual and may vary.
I acknowledge that I have thoroughly read this waiver and release and fully understand that it is a release of liability. By signing this document I am waiving any right I or my successors might have to bring a legal action or assert a claim against (Ultimate Phitness, LLC.) for your negligence or that of your employees, agent or contractors.
Waiver and Assumption of Risk (Home Workouts)
Please note: This form is to be used in addition to, and not in lieu of, the general Waiver and Informed Consent form. This Agreement, dated this November 20, 2014 by and between an individual, and Ultimate Phitness, LLC. (Consultant).
- I have requested that Consultant, through its authorized agents or contractors, conduct our training sessions in my home.
- I will provide the equipment to be used in connection with our workouts, including but not limited to benches, dumbbells, barbells, and similar items (the “Equipment”), and I will have control over the area in which I perform my workouts. In consideration of Consultant’s agreeing to conduct our training sessions in my home, I hereby agree as follows:
I acknowledge and agree that (i) Consultant (or, if applicable, any independent contractor employed by Consultant) has not inspected the Equipment, and that (ii) I have sole custody and control of the area in my home in which workouts will be conducted and that I am solely responsible for the condition of the equipment.
I hereby agree to hold Consultant, and their respective agents, assigns, employees, and contractors, harmless from any loss or damage resulting from or connected with any injury that I sustain as a result of any defect, latent or apparent, in the design or condition of the Equipment, and/or the condition of the area in which we work out, and I hereby assume any and all risks connected with the condition or design of the Equipment and the condition of such area.
- I hereby assume any and all risks arising from or connected with any hazardous condition in my home, in the specific area in which the workouts are conducted or otherwise, that may result in my injury during any workout with Consultant or Consultant’s agents, employees, or contractors.
- This waiver and release of liability includes, without limitation, injuries which may occur as a result of (1) Equipment that may malfunction or break; (2) any slip, fall, dropping of equipment; (3) any improper maintenance of equipment or facilities; (4) any hazardous condition that may exist on the premises, including the specific workout area, my home, and the surrounding property; and (5) your negligent instruction or supervision
- I acknowledge that I have thoroughly read this waiver and release and fully understand that it is a release of liability. By signing this document, I am waiving any right I or my successors might have to bring a legal action or assert a claim against Ultimate Phitness, LLC. for your negligence or that of your employees, agents, or contractors.