DECLARATIONS: This Agreement is entered into between personal trainer
________________ (“Trainer”) and the undersigned (“Client”). The provision of
personal training services by Trainer to Client, and Client’s use of any premises, facilities
or equipment are contingent upon this Agreement.ASSUMPTION OF RISK: You agree
that if you engage in any physical exercise or activity, including personal training, or
enter our premises or use any facility or equipment on our premises for any purpose, you
do so at your own risk and assume the risk of any and all injury and/or damage you may
suffer, whether while engaging in physical exercise or not. This includes injury or
damage sustained while and/or resulting from using any premises or facility, or using any
equipment, whether provided to you by Trainer or otherwise, including injuries or
damages arising out of the negligence of Trainer, whether active or passive, or any of
Trainer’s affiliates, employees, agents, representatives, successors, and assigns. Your
assumption of risk includes, but is not limited to, your use of any exercise equipment
(mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks,
parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas
of any facilities, or any equipment. You assume the risk of your participation in any
activity, class, program, instruction, or event, including but not limited to weightlifting,
walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball,
volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you
are voluntarily participating in the aforementioned activities and assume all risk of injury,
illness, damage, or loss to you or your property that might result, including, without
limitation, any loss or theft of any personal property, whether arising out of the
negligence of Trainer or otherwise.
RELEASE: 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, employees, agents, representatives, 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 affiliates,
employees, agents, representatives, successors, and assigns. This waiver and release of
liability includes, without limitation, injuries which may occur as a result of (a) your use
of any exercise equipment or facilities which may malfunction or break, (b) improper
maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or
supervision, including personal training, (d) negligent hiring or retention of employees,
and/or (e) 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.
INDEMNIFICATION: 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 by Trainer to you. ACKNOWLEDGMENTS: You
expressly agree that the foregoing release, waiver, assumption of risk and indemnity
agreement is intended to be as broad and inclusive as permitted by the law in the State of
California and that if any portion thereof is held invalid, it is agreed that the balance shall,
