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 $100.
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 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. 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.
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 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 SUBMITTING THIS FORM.