American business owners prefer WaiverElectronic- a digital health waiver software company.

Welcome to Lightning Fit!  We welcome you to our state of the art technology for wellness and training. This agreement is entered into by and between Lightning Fit, (hereafter "Lightning Fit") and

(hereafter "Client").

Lightning Fit provides equipment including without limitation exercise equipment, weights, Efit machines, infrared sauna and/or fascia blasters (hereafter the “Equipment”) as well as products including without limitation nutritional supplements (hereafter the “Products”), and personal training services that may include therapies, advice, or instruction regarding the Equipment or the Products (hereafter the “Services”).  
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, Lightning Fit agrees to provide Client with personal training services ("Services"), under the terms and conditions hereby agreed upon by the parties. Lightning Fit will consult with Client and design a program based on the information provided by Client.

1.   Scope of Services. Client agrees to purchase the following services for their personal use and not for any other purpose and Lightning Fit agrees to provide the following Services:

2.  Term of Agreement.  Client hereby purchases  sessions of the above Services, each of which will last ___45____ minutes for the Total Price as listed below. All sessions must be completed within one calendar year from the signing of this agreement.

3.  Cancellation/Reschedule/Late Fee. Client agrees that sessions are non-refundable and must be rescheduled with at least 24 hours notice or are forfeited. Please arrive before your scheduled start time and call if you will be late. Also be aware that if you don't arrive within 10 minutes of your start time, Lightning Fit may at its option provide services for the remaining time, or may schedule someone in that time slot. 

4.  Attachments. Client and Lightning Fit agree that this client services agreement includes all attachments including the Liability Waiver and shall remain in full force during any subsequent purchases and sessions.

5.  Confidentiality and Non-Disclosure: 

    a.  Overview:  Client agrees not to disclose information about other Clients, take photos or obtain any information about other Clients, or the Services, Vendors, Equipment, Methods, Settings, Routines that Client may acquire access to including any knowledge, work product and or trade secret information belonging to Lighting Fit, including without limitation to Proprietary Information, written information such as instructions, forms, customer lists, vendor lists, equipment manufacturers, distributors as well as pricing and verbal information and Client agrees to refrain from using, disclosing, or profiting from such information including sharing such information to others without the written consent of Lightning Fit. Furthermore, Client shall not purchase, import, distribute, sell or use Equipment with the Confidential Information, Products, or Services either for Client’s own account or on behalf of any another entity without Lightning Fits express written consent or for any purpose other than as agreed to in writing.

  b. Confidential Information Defined:  For purposes of this Agreement, “Confidential Information” shall be defined in its broadest possible terms, specifically including, the Overview (5)(a) above, but not limited thereto and including but not limited to, all information of which the unauthorized disclosure could be detrimental to the interests of Lightning Fit, or to other members, consumers, or customers of Lightning Fit (who may train or be on the premises at the same time) which shall include but not limited to the following: HIPPA, health or medical conditions, the names and identifying information of all persons associated with Lightning Fit, its Relationships including with other Clients; all lists or other written information regarding E-fit machines, E-fit machine settings, processes, routines, training regimens, treatment options, treatment methods, training settings, E-fit employees, Relationships with vendors and distributors; the names, buying habits, or practices; its customers, marketing methods, training methods, and related data; the names of any of its vendors or suppliers; costs of materials and the prices it obtains or has obtained or at which it sells or has sold its products or services; manufacturing and sales, costs, lists or other written records used in its business; compensation paid to employees and other terms of employment; processes; formulas; trade secrets; innovations; test results; specifications, data, and know-how; formats; marketing plans, business plans, strategies, forecasts, unpublished financial information, budgets and projections; customer and supplier identities and characteristics; material agreements; names, contacts, relationships, and business opportunities used in connection with the business of either Party; and, any other confidential information of, about or concerning the business of either Party, as appropriate, and its manner of operation.

   c. Stipulation.  The Client and Lightning Fit hereby stipulate that the Confidential Information  shall be provided by one or more Parties (the “Disclosing Party”) to the other Party or Parties (the “Receiving Party”), whether on paper, communicated electronically or orally, or in any other form, is confidential and proprietary, and has independent economic value, and as such the Confidential Information constitutes the confidential property of the Disclosing Party.

  d.  Restricted Use.  The Client as the Receiving Party shall hold and maintain the Confidential Information in strictest confidence and in trust for the sole and exclusive benefit of the Lightning Fit, the Disclosing Party, in conjunction with the services rendered under this Agreement and solely for the purpose of engaging in the services under this agreement.

  e. Prior Written Consent. The Receiving Party shall not, without the prior written approval of the Disclosing Party, use for its own benefit, publish or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of the Disclosing Party, any of the Confidential Information.

  f. Further Obligations Regarding Use.
      i. Employees, Agents and Family Members.  The Receiving Party shall instruct each of its employees, agents, family members, and advisors who will have access to any Confidential Information as to its confidential nature and that each such recipient is strictly prohibited from making any use, publishing or otherwise disclosing to others, or permitting others to use for their benefit or to the detriment of the Disclosing Party, any of the Confidential Information, except in compliance with this Agreement. The Receiving Party further agrees to be responsible for any breach of this Agreement by any of its employees.

     ii. Further Action.  The Receiving Party shall take all necessary action to protect the confidentiality of the Confidential Information, and hereby agrees to indemnify the Disclosing Party against any and all losses, damages, claims or expenses incurred or suffered by the Disclosing Party as a result of the breach of this Agreement by the Receiving Party.  

    iii.   Review Purposes Only.  Confidential Information has been supplied to the Receiving Party hereunder for review purposes only and not as part of any purchase of the services rendered. As such, any and all prototypes, software, or other tangible items delivered to, obtained by, observed by the Receiving Party and which in any manner or form contain any of the Confidential Information of the Disclosing Party shall not be reverse engineered, disassembled, or decompiled in any manner or form.

    iv Employee Solicitation.  Each Party hereby agrees that it will not, without the express prior written consent of the other, for a period of one year (1) year from the date of this Agreement directly or indirectly solicit for employment or employ any person who is now employed by the other Party or any of the other Party’s subsidiaries and who that Party came in contact with as a result of the services provided in connection with this Agreement. However, neither Party shall be prohibited from employing any such person who contacts that Party on his or her own initiative and without any direct solicitation by that hiring Party. In such an event, the hiring Party shall have the burden to prove that there was no violation of this Section e.iv.

   v Non-Circumvention of Business Opportunities Regarding a Relationship.  No Receiving Party shall call on, engage, contract with, bargain with, agree to agree, solicit, or attempt to do any of the foregoing, in any manner, directly or indirectly, for any reason, any of the principals involved in any Relationship disclosed by the Disclosing Party, or with any other person with whom the Receiving Party called or with whom Receiving Party became acquainted through the Disclosing Party (an “Introduced Party”) that may reasonably be viewed by the Disclosing Party as detrimental to the best interests of the Disclosing Party. Specifically, Receiving Party shall not, under any circumstance, without the prior, express written agreement of the Disclosing Party, directly or indirectly initiate any contact with any an Introduced Party, whether regarding the Relationship or any other proposed business dealing or relationship of any kind, or otherwise circumvent, bypass, or otherwise deny, limit, evade, equivocate, or reduce the interest, profit, share, or participation of the Disclosing Party in any Relationship of that Disclosing Party.

    vi. Return of Confidential Information.  Except as agreed concerning the handling of HIPPA information, upon the termination of this Agreement or the termination of any other agreement between the Parties; when the Receiving Party is the Client, the Client shall immediately return to Lightning Fit, the Disclosing Party, all equipment, notebooks, documents, memoranda, reports, files, samples, books, correspondence, lists, computer disks and data bases, computer programs and reports, computer software, and all other written, graphic, electromagnetic, and computer generated or stored records relating to the business of the Disclosing Party or to the Confidential Information. All said items shall be and remain the sole and exclusive property of the Disclosing Party, Lightning Fit. The Receiving Party shall not retain any copies, extracts or other reproductions of any such materials, in whole or in part. When the Receiving Party is Lightning Fit and the Disclosing Party is the Client, Lightning Fit shall retain for its files the attendance and accounting records of Client’s receipt of services and return any HIPPA information as requested by the Client within 30 days.

 G. Enforceability.  This Agreement shall continue in full force and effect notwithstanding the lack of a continuing relationship between the Parties. However, the obligations of a Receiving Party hereunder shall not extend to any of the Confidential Information that the Receiving Party can demonstrate is now or hereafter in the public domain through no fault of the Receiving Party.

 H. Remedies.  Each Party, in its capacity as a Receiving Party hereunder, understands and acknowledges that any disclosure or misappropriation of any of the Confidential Information in violation of this Agreement may cause the Disclosing Party irreparable harm, the amount of which may be difficult to ascertain and, therefore, agrees that the Disclosing Party shall have the right to apply to a court of competent jurisdiction for an order restraining any such further disclosure or misappropriation and for such other relief as the Disclosing Party shall deem appropriate. Such right of the Disclosing Party is to be in addition to the remedies otherwise available to the Disclosing Party at law or in equity. Where the Receiving Party is the Client and the Disclosing Party is Lightning Fit, Client agrees that such use of Confidential Information shall be defined as provided under section 484 and a violation of section 496(a) of the California Penal Code.  

 I. Successors and Assigns.  This Agreement and the obligations of the Receiving Party hereunder shall be binding on the representatives, assigns, and successors of each, and shall inure to the benefit of the assigns and successors of each Party.

J. Governing Law.  This Agreement shall be governed by the laws of the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. If any court action is necessary to enforce the terms and conditions of this Agreement, the Parties hereby agree that the Superior Court of California, County of Orange, shall be the sole jurisdiction and venue for the bringing of such action.

K.  Representations and Warranties. By signing this Agreement, Client represents, warrants, and agrees with Lighting Fit that Client is engaging with Lighting Fit for the sole purpose of receiving physical training services and Services as here in above defined. Client represents, warrants, and agrees that he/she will, in no way, will use any knowledge, work product, or trade secret information relating to, owned, developed or licensed to Lightning Fit that Client acquires or observes in the course of receiving Lightning Fit Services, including but not limited to operation of the E-fit machines, machine settings, methods, time limits or routines including any Confidential Information for their monetary gain or in aiding any other individual in doing so or for any other reason. The covenants, agreements, representations, and warranties of the parties hereto contained in this Agreement or in any certificate or other writing delivered pursuant hereto or in connection herewith shall survive execution until the second anniversary of the last date upon which Client received Services from Lighting Fit.

L.   Waiver. No waiver of any provision of this Agreement shall be deemed a waiver of any other provision.

M. Retroactivity. This Agreement shall be deemed to have been in effect during all periods that Client received Services as defined herein, or any other services as may have been provided by Lightning Fit, regardless of the date of this Agreement.

N.   Agreement.  This Agreement and attachments constitutes the entire agreement between the parties and shall not be supplemented, modified or amended unless executed in writing by both parties.

O. Article and Section Headings.  The article and section headings used in this Agreement are inserted for convenience and identification only and are not to be used in any manner to interpret this Agreement.

P. Severability.  Each and every provision of this Agreement is severable and independent of any other term or provision of this Agreement.  If a court of competent jurisdiction hereof holds any term or provision void or invalid for any reason, such invalidity shall not affect the remainder of this Agreement.

Q. Provision Not Construed Against Party Drafting Agreement.  This Agreement shall be deemed to have been drafted by all Parties and, in the event of a dispute, no Party hereto shall be entitled to claim that any provision should be construed against any other Party by reason of the fact that it was drafted by one particular Party.

R. Executed Counterparts.  This Agreement may be executed in any number of original, fax, PDF or copied counterparts, and all counterparts shall be considered together as one agreement.  A faxed or copied counterpart shall have the same force and effect as an original signed counterpart.  Each of the Parties hereby expressly forever waives any and all rights to raise the use of a scanner, pdf, or fax machine to deliver a signature, or the fact that any signature or agreement or instrument was transmitted or communicated through the use of email, a pdf, fax machine, as a defense to the formation of a contract.

                                                       LIGHTNING FIT LLC

                WAIVER AND RELEASE FROM LIABILITY FOR USE OF EXERCISE

                                                          AND FACILITY

Thank you for choosing Lightning Fit for your training and alternative healthcare needs.  We look forward to serving you.  Our staff will explain and assist in properly using the equipment provided. Your safety and health are our main concern.  Below you will find a list of conditions contraindicated for use of each piece of equipment.  Please answer honestly and completely so that we can best tailor a program for you and ensure your safety.  Also please read the following waiver and release from liability and sign at the bottom.  Thank you!

DEFINED TERMS:
“Facility” means real property office space leased by Lightning Fit LLC for use in its business activities.
“Equipment” means any and all devices provided by Lightning Fit LLC or one of its suppliers for use at a Facility including without limitation Efit, infrared sauna and or fascia blaster.
“Products” means any nutritional supplements sold by Lightning Fit LLC.
“Services” means all therapies, advice, or instruction provided regarding the Equipment or Products at a Facility.

I, as the name listed below, (“Client”) HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge Lightning Fit LLC and its agents, employees, officers, directors, affiliates, successors and assigns, of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises of, or for the benefit of, Lightning Fit LLC provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct.

I understand that the activities that I will participate in are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death.  In addition, some of the Equipment may cause bruising, rhabdomyolysis and or soreness.  On behalf of myself, my heirs, assigns and next of kin, I waive all claims for damages, injuries and death sustained to me or my property, that I may have against the aforementioned released party to such activity.

By this Waiver, I assume any risk, and take full responsibility and waive any claims of personal injury, death or damage to personal property associated with use of the Facilities, Equipment or Products, including but not limited to cardiovascular, therapeutic or strength training activities at the Facility, using the Facility and its Equipment in any manner, form or fashion, and practicing and/or engaging in related activities on and off the premises.  

I have read and understood the disclosures regarding the Equipment, Services and Products. I understand the information about the training and education of the Lightning Fit personnel and that neither Colleen McNutt nor any personnel provided by Lightning Fit are medical doctors or nutritionists, nor are the Services licensed by the state.  The Services are general in nature and related to use of the Equipment and Products.  I have consented to use the services offered by Lightning Fit, and agree to be personally responsible for the fees of Lightning Fit in connection with the services provided to me.

This WAIVER AND RELEASE contains the entire agreement between the parties, and supercedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE.  The provisions of this WAIVER AND RELEASE  may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.  Client may not copy, reverse engineer or reproduce any portion of this liability waiver without the written consent of Lightning Fit and may be liable for unauthorized use.

The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of Lightning Fit LLC, whether by agreement, by operation of law, or otherwise.

Attorneys' Fees. Should suit be brought to enforce or interpret any part of this Agreement, the "prevailing party" shall be entitled to recover, as an element of costs of suit and not as damages, reasonable attorneys' fees to be fixed by the court.  The "prevailing party" shall be the party entitled to recover costs of suit, regardless of whether such suit proceeds to final judgment.  A party not entitled to recover costs shall not be entitled to recover attorneys' fees.  No sum for attorneys' fees shall be counted in calculating the amount of a judgment for the purposes of determining if a party is entitled to recover costs or attorneys' fees.

Arbitration.  The undersigned agree that in the event of any dispute arising out of or relating to any claim, suit or dispute relating to this Settlement Agreement shall be resolved by submission to binding arbitration at Judicial Arbitration and Mediation Services, Inc., in accord with its Comprehensive Arbitration Rules and Procedures, in Orange County, California, before one retired judge or justice. Each party will pay its fees and costs with the party seeking arbitration advancing the fees of the arbitrator.  The party determined by the arbitrator to be the prevailing party shall be paid its attorney’s fees, expert fees, costs and the fees and expenses of the arbitrator.

I have read, understand and fully agree to the terms of this WAIVER AND RELEASE.  I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me.  I have been given an opportunity to have this Agreement reviewed by legal counsel of my choosing.  My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law.  I am 18 year of age or older and mentally competent to enter into this waiver.

APPENDIX A – COLLEEN MCNUTT

I Colleen McNutt have been practicing as a personal trainer since October 2016 for Z.  My training and education is described below:

NASM certified trainer since 2016
E-fit Trainer since 2016

In order to use my services, California state law requires that you acknowledge receipt of the information provided in this form and that you sign it.  You will receive a copy of this waiver upon request.  I will keep the original in my records for at least three years.

My method of treatment, Lightning Fit Services, is alternative or complementary to healing arts that are licensed by the State of California.  Under Sections 2053.5 and 2053.6 of California’s Business and Professions Code, I can offer you these services, subject to requirements and restrictions that are described fully in Appendix B – Patient Information.

If you ever have any concerns about the nature of your treatment, please feel free to discuss them with me.  I recommend that you inform your medical doctor that you are receiving Services from Lightning Fit LLC.  They are welcome to contact me about the information provided.

Drink plenty of water before, during and after your sauna sessions if any to replenish lost fluids.

____________________ at ______________

APPENDIX C – HIPAA AND PRIVACY STATEMENT

Our Privacy Pledge​

We want you to understand that we respect your privacy. Other than the necessary uses and disclosures we described above, we will not sell your health information or provide any of your health information to any outside marketing company.

Uses and Disclosures

Below you will find examples of how we may have to use or disclose your health care information:
1. Your doctor or a staff member may have to disclose your health information (up to and including all of your clinical records) to another health care provider or a hospital if it is necessary to refer you to them for diagnosis, assessment, or treatment of your health condition.

2. It may be necessary for our insurance and/or billing staff to disclose your examination and treatment records and your billing records to another party, such as an insurance carrier, your employer, a family member, other relative or close personal friend, who is involved in our care or to facilitate the payment related to your care.

3. It may be necessary for the staff to use your health information, and treatment records and your billing records for quality control purposes or for other administrative purposes to efficiently and effectively run our practice.

4. Members of staff may need to use your information (ex. name, address, phone number, and your clinical records) to contact you to provide appointment reminders, information about treatment alternatives, or other health related information that may be of interest to you. 164.520(b)(1)(iii)(A). If you are not at home to receive an appointment reminder, a message will be left on your answering machine.

As our patient, you possess the right to refuse to give us the authority to contact you regarding the above-mentioned circumstances. If you do not give us authorization, it will not affect the treatment we provide to you or the methods we use to obtain reimbursement for your care.

You may inspect or copy the information that we use to contact you.

Permitted uses and disclosures without your consent or authorization

Under federal law, we are also permitted or required to use or disclose your health information without your consent or authorization in these following circumstances:
1. If we are providing services to you based on the orders of another health care provider.
2. If we provide health care services to you in an emergency or disaster relief situation.
3. If we are required by law to treat you and we are unable to obtain your consent after attempting to do so.
4. If we are provide health care services to you as a result of a Workers’ Compensation injury.
5. If you are/ were a member of the armed forces, we are required by military command authorities to release your health information.
6. If we provide health care services to you as an inmate.
7. If there are substantial barriers to communicating with you, but in our professional judgment we believe that you intend for us to provide care.
Other than the circumstances described in the above examples, any other use or disclosure of your health information will only be made with your written consent.

Your right to revoke your authorization

You may revoke (take away) your privacy release authorization from us at any time; however, your revocation must be in writing. You can call for information about revoking your authorization during normal business hours, or send your request to the address listed below. There are two circumstances under which we will not be able to honor your revocation request.

1. If we have already released your health information before we received your request to revoke your authorization. 164.508(b)(5)(i).
2. If you were required to give your authorization as a condition of obtaining insurance, the insurance company may have a right to your health information if they decide to contest any of your claims. If you wish to revoke your authorization, please write to us at:

Lightning Fit LLC 419 E 17th street, Costa Mesa CA 92627

Your right to limit uses or disclosures

If there are health care providers, hospitals, employers, insurers, or other individuals or organizations to whom you do not want us to disclose your health information, please let us know, in writing, what individuals or organizations to whom you do not want us to disclose your health care information. We are not required to agree to your restrictions. However, if we agree with your restrictions, the restriction is binding on us. If we do not agree to your restrictions, you may drop your request or you are free to seek care form another health care provider.

Your right to receive confidential communication regarding your health information
We normally provide information about your health to you in person at the time you receive chiropractic services from us. We may also mail you information regarding your health or about the status of your account. We will do our best to accommodate any reasonable request if you would like to receive information in a different form. To help us respond to your needs, please make any request in writing.

Your right to inspect and copy your health information

You have the right to inspect and /or copy your health information for seven years from the date the record was created or as long as the information remains in our files. We require your request to inspect and / or copy your health information be in writing.

Your right to amend your health information

You have the right to request that we amend your health information for seven years from the date the record was created or as long as the information remains in our files. We require your request to amend your records to be in writing and for you to give us a reason to support the change you are requesting us to make.


Your right to receive an accounting of the disclosures we have made of your records
You have the right to request that we give you and accounting if the disclosures we have made of your health information for the last six years before the date of your request. The accounting will include all disclosures except:
• Those disclosures required for your treatment, to obtain payment for your services, or to run our practice.
• Those disclosures made to you.
• Those disclosures necessary to maintain a directory of the individuals in our facility or to individuals involved in your care.
• Those disclosures made for national security or intelligence purposes.
• Those disclosures made to correctional officers or law enforcement officers.
• Those disclosures that were made prior to the effective date of the HIPPA privacy law.

Our Duties
We are required by law to maintain the privacy of your health information. We are also required to provide you with this notice of our legal duties and our privacy practices with respect to your health information.
We must abide by the terms of this notice while it is in effect. However, we reserve the right to change the terms of our privacy notices. If we make a change in our privacy terms the change will apply for all of our health information in our files.


Re-disclosure

Information that we use or disclose may be subject to re-disclosure by the person to whom we provide the information and may no longer be protected by the federal privacy rules.
I authorize you to use or disclose my health information in the manner described above. I am also acknowledging that I understand I may receive a paper copy with this authorization at my request. This notice is effective as of the date of signature above.  This authorization will expire seven years after the date in which you last received services form us.