Exercise Liability Waiver – Terms & Conditions
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT DECLARATIONS: This Agreement is entered into between personal trainer Kelli Hahn & Stronger You Fitness LLC* (“Trainer”) and you (“Client”). The provision of personal training services by Trainer to Client, and Client’s use of any programing are contingent upon this Agreement.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training and/or online 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. Your assumption of risk includes, but is not limited to, your use of any online workouts provided by Trainer or any equipment used during workouts. You assume the risk of your participation in any activity, class, program, instruction, or event. 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 (Kelli Hahn & Stronger You Fitness LLC) (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,
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer (Kelli Hahn & Stronger You Fitness LLC) from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to you.
ACKNOWLEDGMENTS: 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 (Kelli Hahn & Stronger You Fitness LLC) for trainer’s negligence, or for any defective product used while receiving online or in-person 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 attest and verify that you are capable to perform physical training and exercise and a licensed medical doctor has verified my physical condition.
The nature and scope of the use of any exercise used during the online, or in-person training sessions have been explained to me by Kelli Hahn and Stronger You Fitness LLC. I understand that there are risks and dangers associated with exercise. I understand that it is not the function of Kelli Hahn and Stronger You Fitness LLC to assure the safety of participants, and that each participant has the responsibility to exercise due care in the use of the facility and/or online program for the safety of himself/herself and of the other participants. As an online programs participant, I understand it is my responsibility to use my own judgment even more so on exercises and that Kelli Hahn and Stronger You Fitness LLC cannot be responsible for any injury associated with the workouts.
I represent that I am above the age of consent or, if not, that my parent or guardian has executed this release on my behalf. In consideration of the foregoing training and (me, the participant) I for myself, my heirs, executors, administrators, personal representatives, successors and assigns hereby waive and release Kelli Hahn and Stronger You Fitness LLC and its employees, affiliates, and sponsors, from any and all rights, claims and causes of action and hold them harmless against, and agree to indemnify them for any and all claims, demands, costs, charges, and expenses for any harm, injury, damage or loss which may be sustained by (me, the participant) as a result of or relating to working out in any facility. In witness whereof, I have executed this liability release as my own free act.
*Formerly known as Hahn Fitness LLC
This Waiver also represents and covers all individuals involved in the Sustainable Wellness Program including Allison Gruber, Jillian Caranese and others not named here.