Assumption of Risk, Waiver and Release of Liability and Indemnity Agreement
This is an Agreement for participating in Personal Training
The "Personal Trainer, Trainer and Fitness Instructor” refers to Suzanne Holmes, Lifestylist Health & Fitness.
The "Activity" refers to the participation in lifestyle coaching, personal training, small group personal training sessions, group exercise classes, fitness training sessions and general advices.
* You acknowledge that it is a condition of participating in this activity that you do so at your own risk.
* You accept all risks and hereby indemnify and release the Personal Trainer and Fitness Instructor, and any person or body directly associated with the Personal Trainer and Fitness Instructor, against all liability (including liability for their negligence and the negligence of others) claims, demands, and proceeding arising out of or connected with your participation in this activity.
* You acknowledge that participating in this activity may involve a risk of serious injury or even death from various causes including: over exertion, dehydration, equipment failure and accidents with equipment and surroundings.
* You recognise the difficulties associated with the activity and attest you are physically fit to participate safely in the activity and that a qualified medical practitioner has not advised you otherwise.
* You understand the physically demanding nature of this activity. You are not aware of any medical condition, injury or impairment that will be detrimental to your health to participate in this activity. In the event that you become aware of any medical condition, injury or impairment that may be detrimental to your health, your Trainer will become immediately informed. By continuing in this activity, you accept the risks despite these conditions and will always be under the terms of this agreement.
*You must bring a water bottle to each session and ensure you have had a small snack to eat one to two hours before the work out. You must also wear comfortable, active wear clothing that does not restrict movement and be wearing supportive active footwear to avoid injury to every training session. Failure to do so may result in cancellation of your training.
* You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainer’s affiliates, related entities, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s successors, and assigns. This waiver and release of liability continues forever and includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training (d) 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.
*By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training, group personal training and fitness instruction by Trainer to you.
*Personal information held by the Personal Trainer may include your name, date of birth, current address, phone number and safety exercise screening details. This information will be retained by the Personal Trainer for the purposes of providing you with the services you require. This information will not be disclosed to any other organisation, unless you have provided permission to do so.
*Payment for all Lifestylist Health & Fitness services are to be made prior to commencing training sessions
*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 signing 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 or group instruction from trainer.