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Liability Release
Informed Consent for Participation in Health and Fitness Training
Be Fit with Michele, LLC
Objectives:
The goal of Be Fit with Michele is to help improve the participant's overall health. Because physical exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. Be Fit with Michele, LLC is not responsible for any loss of your personal property.
Description:
I understand that my exercise program will involve participation in a number of types of fitness activities. These activities will vary depending upon the objectives that I establish, but will probably include: l) aerobic activities including, but not limited to. the use of treadmills, stationary bicycles, step machines, rowing machines, and bike/run trail; 2) muscular endurance and strength building exercises including, but not limited to, the use of free weights, weight machines, calisthenics, and exercise apparatus; and 3) other activities selected by me.
Benefits:
I understand that a regular exercise program has been shown to have definite benefits to general health and well-being; however, every individual participant and program varies, and therefore, program benefits will vary. I understand that some of the benefits involved in such a program can include weight loss, reduction of body fat, improvement of blood lipids, lowering of blood pressure, improvement of cardiovascular function, reduction in the risk of heart disease, improved strength and muscular endurance, improved posture, and improved flexibility and mobility.
Risks:
I understand that no exercise program is without inherent risks. I understand that when participating in any exercise, particularly that which induces cardiovascular stress, there is a slight chance of serious injury (e.g., heart attack, stroke, or other cardiovascular events) or catastrophic incident (e.g., death, paralysis). I understand that engaging in muscular endurance, strength building, and other fitness activities sometimes results in minor injuries (e.g., bruises, musculoskeletal strains and sprains), less frequent, more serious injuries (e.g., muscle tears, herniated disks, torn rotator cuffs), and rarely, catastrophic injury (e.g., death, paralysis).
Participant Responsibilities:
I understand that I have been encouraged to seek a medical evaluation from my physician before undergoing any health and fitness training regimen. I understand that it is my responsibility to I ) fully disclose any health issues or medications that I have or that I am currently taking; 2) cease exercise and immediately report any unusual feelings or discomfort (e.g., chest pain, nausea, difficulty breathing, apparent injury) during the exercise program; 3) continuously update my personal trainer of any injuries, conditions, or medical updates that are relevant to my physical health and fitness; and 4) clear my participation with my physician.
You acknowledge that you have carefully read this “waiver and release” and fully understand that you are releasing any and all liability of Be Fit with Michele, LLC. You expressly agree to release and discharge the trainer or instructor of Be Fit with Michele, LLC from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the trainer or instructor for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence. If any portion of this release from liability shall be deemed by a court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.
By signing this release, I acknowledge that I understand its content and that this release cannot be modified orally.
I have read and understand the above agreement; I have been able to ask questions regarding any concerns I might have; I have had those questions answered to my satisfaction; and am freely and voluntarily signing this agreement.
Waiver and Release of Liability
I have discussed, read, and understand the Rules and Policies of Be Fit. I acknowledge a full understanding of the inherent dangers and risks associated with the use of this facility and/or any fitness and wellness activities occurring therein. I acknowledge that my membership and participation in this facility is strictly voluntary and has not been requested or required by any employee of Be Fit.
I acknowledge that it is recommended that I seek approval from my physician before implementing an exercise regimen, as there can be significant health risks associated with exercising. I also understand that serious injury or death may result if equipment is not used properly. I am aware that participating in any exercise activity and the use of exercise equipment, even when performed properly, can be dangerous. I am aware that the risks associated with these activities include, but are not limited to: fainting, heart disorders, neck and spinal injuries, serious injury to all bones, joints, ligaments, muscles, tendons, and other aspects of the musculoskeletal system, paralysis, death, and serious injury or impairment to other aspects of my body, general health, and well-being. I declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in any fitness or wellness activity. I acknowledge that I have either had a physical examination and have been given a physician’s permission to participate in these activities, or I have voluntarily decided to participate in these activities without the approval of my physician.
I understand that I am responsible for my own medical insurance and will maintain insurance coverage throughout my membership and participation in exercise activities at BeFit. I will assume all additional expenses incurred that go beyond my health coverage.
If a membership was purchased, I understand that I will receive a gym access card and am not permitted to allow another individual to use this card. Constant monitoring of my gym access card is logged and I am aware that video surveillance will be used while on the premises. In the event I am unable to adhere to the above policy, Be Fit with Michele, LLC reserves the right to cancel my membership WITHOUT A REFUND.
I hereby agree that I assume all of the risks involved with any exercise activity at Be Fit and that I am responsible for any resulting personal injury, damage to, or loss of my property that may occur as a result of my participation, or arising out of my participation in fitness or wellness activities occurring therein. I, for myself, and on behalf of my heirs, assigns, personal representatives, and next of kin, hereby release, indemnify, and hold harmless Be Fit, its officers, and employees from any and all claims, demands, damages, rights of action or causes of actions, present or future, arising out of my use or occupancy of BeFit, or any fitness or wellness activity occurring therein, including any injuries arising from the negligence of Be Fit, its officers, or employees, to the fullest extent permitted by law.
I have read and understand the above agreement; I have been able to ask questions regarding any concerns I might have; I have had those questions answered to my satisfaction; and I am freely and voluntarily signing this agreement.
Having read the above terms and intending to be legally bound, and hereby understanding this document to be a complete waiver and release of liability in favor of Be Fit with Michele, LLC, I hereby affix my signature hereto: