
First, Last name stated above, hereby engage Terra Nova Fitness LLC (“Trainer”) to conduct semi-private training sessions located at 1007 Terra Nova Blvd, Pacifica, CA, 94044.
Informed Consent
I understand that a regular exercise program has been shown to have definite benefits to general health and well-being. I know that some of the physiological benefits of a regular exercise program can include loss of weight, reduction of body fat, improvement of blood lipids, lowering of blood pressure, improvement in cardiovascular function, reduction in risk of heart disease, improved strength and muscular endurance, improved posture, and improved flexibility.
I further understand that regular exercise can have psychological benefits, often improving one’s outlook and feeling of well-being, as well as, relieving tension and stress. I further understand that I have agreed to participate voluntarily in fitness training sessions, including, but not limited to, strength training, flexibility development, and aerobic exercise (“Activities”), under the guidance of Trainer. I understand that these activates may include the use of equipment including, but not limited to, dumbbells, kettlebells, medicine balls, and rowing machines (“Equipment”) and that although Trainer takes precautions to maintain Equipment, I take sole responsibility to inspect any and all Equipment as Equipment may malfunction and/or cause Injuries and Changes.
I understand that it is my responsibility to fully disclose any health issues (including diabetes, heart problems, seizures, and asthma) or medications that may be relevant to participation in an exercise program. I also understand that during said exercise program, it is my responsibility to report any abnormal feelings (e.g., chest discomfort, nausea, difficulty breathing) or discomfort with Activities being performed and to promptly cease exercising upon experience such feelings or discomfort.
I understand the risk associated with Activities, including the use of any and all equipment. 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 may include but are not limited to, abnormal blood pressure, fainting, disorders in heartbeat and, in extreme instances, heart attack, paralysis or death. I am voluntarily participating in Activities and using Equipment with knowledge of the risks involved. I understand and take sole responsibility for any and all Injuries and Changes that may occur to myself and/or others, including but not limited to Trainer, related to any and all Activities associated with Trainer’s 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 for my safety, I expressly assume and accept sole responsibility for my safety and for any and all Injuries and Changes that may occur.
Declaration of Fitness
I acknowledge I have been informed of the need for a physician’s approval (“Medical Clearance”) prior to my participation in Activities and in the use of Equipment. I recognize it is my sole responsibility to obtain Medical Clearance prior to involvement in Activities and in the use of Equipment. I acknowledge I have either (i) obtained express Medical Clearance; or, (ii) have voluntarily elected not to obtain Medical Clearance prior to beginning Activities and use of Equipment and acknowledge I am doing so at my own risk.
Waiver and Release of Liability
In consideration of Trainer’s 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 fitness training sessions, 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, 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 at my Home and/or other facilities or locations where fitness training sessions occur; and (vi) Trainer’s negligent instruction or supervision; and (b) damage to, or loss of, real and personal property, including but not limited to, Equipment, my Home or other facilities or locations.
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, my heirs and/or successor 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. In the event any one or more of the provisions (or any part thereof) of this Agreement are determined to be invalid or unenforceable, such provision or provisions (or such part,) shall be deemed severable from the remainder of this Agreement to the extent necessary to permit the enforceability of the remaining provisions (or parts thereof) of this Agreement.
Picture release
I hereby authorize Terra Nova Fitness, LLC sole and exclusive rights to use, publish, copy, print, copyright or electronically transfer any or all photographs, video, or audio clips taken by me or of me before, during, and after any Terra Nova Fitness activity, event or function.
I also agree that Terra Nova Fitness may use such photographs, video and audio recordings taken by me or of me with or without my consent or the use of my name for any lawful purpose, including but not limited to; publicity, illustration, advertising, marketing, copyrighting and Web content.
I hereby irrevocably authorize Terra Nova Fitness to edit, alter, copy, exhibit, publish or distribute this media for Terra Nova Fitness activities, events, and functions or for any other lawful purpose.
In addition, I waive the right to inspect or approve the finished product, including a written or electronic copy, wherein my likeness appears.
Additionally, I waive any right to royalties or other compensation arising or related to the use of any of these photographs, video, or audio clips.
I hereby hold harmless and release and forever discharge the Terra Nova Fitness from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
I am 21 years of age and am competent to contract in my own name. I have read this release before signing below and I fully understand the contents, meaning, and impact of this release.