HEALTH COACHING RELEASE & WAIVER I understand and agree with the following statements:
I do hereby waive, release, and forever discharge my coach, Kimberly Jones MA, CSCS, USAW, ZHEALTH, Certified Functional Medicine Health Coach and the FMCA (Functional Medicine Coaching Academy), and its officers, agents, independent contractors, employees, representatives, executors, and all others from any and all responsibility or liability for injuries or damages resulting from my engagement in any activities, including, but not limited to dietary changes, exercise, stress management, arising out of my participation in any activities under such coaching.
I understand that my health coach is neither a psychological or medical professional. The goal of coaching is to create a supportive alliance in which I can attain my own stated goals.
I agree that using any or every part of this health coaching service is entirely at my own risk. Health coaching services are provided "as is," without warranty of any kind, either express or implied. I understand that I may be coached in fitness, nutrition, stress management, emotional resilience, life visioning, overall preventive health and health risk management. These services may be requested or rejected at my own free choice.
Health coaching services are not meant to be a substitute for counseling or treatment for mental health problems. Health coaching is an excellent way to gather individualized information by which my own decisions can be made.
I understand that my certified Functional Medicine health coach is not an agent or employee of FMCA.
I further acknowledge that I have either had a physical examination and have been given a physician's permission to participate or that I have decided to participate in physical activity and/or use of exercise equipment without the approval of my physician and do hereby assume all responsibility and risks of injury from such participation and activities.
No assumption of responsibility is made, or given, and the party requesting such advice agrees not to hold the health coach or FMCA responsible or liable in any form or fashion, for such actions taken of my own accord. The method and process by which this advice and direction are given is acknowledged to be different in many ways than a one-on-one clinical or psychological counseling process.
I have read and understood all the above, and accept the above agreement of release of liability and the terms of the agreement, release and waiver.
1. SERVICES: The parties agree to engage in a 3-month Coaching Program through (virtual calls, initial in person introductory assessments (visual, vestibular, sensory, pain, movement etc.), initial training demonstration and application sessions, and/or phone calls. Coach Jones will be available to Client by e-mail and voicemail in between scheduled meetings as defined by the Coach (email or text message). Coach may also be available for additional time, per Client’s request on a prorated basis rate of $90 for 45 minutes for additional assistance: reviewing documents, reading or writing reports, engaging in other Client related services outside of coaching hours). 2. SCHEDULE AND FEES: This coaching agreement is valid as of 09/07/2019. The fee is $90 per week totaling $360 per month for 3 months. Virtual meetings occur once a week for a length of 60 minutes each.
3. PROCEDURE: The time of the coaching meetings and/or location will be determined by Coach and Client based on a mutually agreed upon time. The coach will initiate all scheduled calls and will call the client for all scheduled meetings.
4. CONFIDENTIALITY: This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is confidential. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent.
5. CANCELLATION POLICY: Client agrees that it is the Client's responsibility to notify the Coach 12-24 hours in advance of the scheduled calls/meetings. Coach reserves the right to bill Client for a missed meeting. Coach will attempt in good faith to reschedule the missed meeting.
6. TERMINATION: Either the Client or the Coach may terminate this Agreement at any time with written notice. Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship. 7. LIMITED LIABILITY: Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.
ENTIRE AGREEMENT: This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.
DISPUTE RESOLUTION: If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
SEVERABILITY: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
APPLICABLE LAW: This Agreement shall be governed and construed in accordance with the laws of the State of California, without giving effect to any conflicts of law provisions.
BINDING EFFECT: This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns. Please sign and return one copy of this Client Agreement prior to the first scheduled coaching meeting.
SOCIAL MEDIA PHOTO & VIDEO RELEASE WAIVER: You hereby grant Jones Strength permission to use your likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration.
You understand and agree that all photos will become the property of Jones Strength and will not be returned.
You hereby irrevocably authorize Jones Strength to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, you waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of the photo.
You hereby hold harmless, release, and forever discharge Jones Strength from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have by reason of this authorization.
YOU HAVE READ AND UNDERSTAND THE ABOVE. YOU AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE, OR, IF YOU ARE UNDER 18 YEARS OF AGE, YOU HAVE OBTAINED THE REQUIRED CONSENT OF YOUR PARENTS/GUARDIANS AS EVIDENCED BY SUBMITTING THIS FORM.
JONES STRENGTH ONLINE TRAINING CONTEST PREP RELEASE AND WAIVER
This Agreement is entered into between Jones Strength, its members, officers, employees, successors and assigns (collectively “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, partner training, or small group training, 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 any act or 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, sidewalks, parking lots, stairs, or other general areas, 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, tennis, basketball, volleyball, soccer 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.LIMITATION OF LIABILITY: Client hereby agrees that, to the fullest extent permitted by law, Trainer's total liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the service or this Agreement from any cause or causes including but not limited to any act or negligence by Trainer, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed the total amount of $120.
MEDICAL DISCLAIMER: All content and media is created and published online for informational purposes only. It is not intended to be a substitute for professional medical advice and should not be relied on as health or personal advice.
Always seek the guidance of your doctor or other qualified health professional with any questions you may have regarding your health or a medical condition. Never disregard the advice of a medical professional, or delay in seeking it because of something you have read on this Website.
If you think you may have a medical emergency, call your doctor, go to the nearest hospital emergency department, or call the emergency services immediately. If you choose to rely on any information provided by Jones Strength, you do so solely at your own risk.
External (outbound) links to other websites or educational material (e.g. pdf’s etc.) that are not explicitly created by Jones Strength are followed at your own risk. Under no circumstances is Jones Strength responsible for the claims of third-party websites or educational providers. 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 any act or 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, partner training, and/or group 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 fitness 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 trainer 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. Client agrees that California law should control not withstanding California law principles and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Trainer or Trainers employees offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Trainer, or Trainer employees, is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer or Trainers employees. You acknowledge and agree that Trainer or Trainers employees does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. 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 executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Trainer or Trainer’s employees any act or negligence, or for any defective product used while receiving personal training from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
YOU HAVE READ AND UNDERSTAND THE ABOVE PHOTO/VIDEO RELEASE. YOU AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE, OR, IF YOU ARE UNDER 18 YEARS OF AGE, YOU HAVE OBTAINED THE REQUIRED CONSENT OF YOUR PARENTS/GUARDIANS AS EVIDENCED BY THE SIGNATURE BELOW.
NAME ____________________________________________________ SIGNATURE ____________________________________________Consenting Individual (if 18 years of age or older), Parent or Guardian