Waiver and Release of Liability and Assumption of Risk
1. Deep Athletics (Enlightened Strength & Conditioning LLC) is a personal workout regimen service provider.
2. I, the Client, have requested Deep Athletics to provide a personal workout regimen for my use.
3. The Client will provide equipment to be used in connection with our workouts, including but not limited to equipment detailed below.
4. The Client has complete control over the area in which they will perform the workouts. For and in consideration of the foregoing premises and for the express contention of carrying out the purposes of a personalized fitness training regimen, the parties do hereby agree as follows:
Acknowledgement of Purchase
I, the Client, through the purchase of Deep Athletics monthly subscription, have agreed to participate voluntarily in a program of physical exercise, including, but not limited to, strength training, flexibility development, and aerobic exercise (“Activities”), under the guidance of myself.
Acknowledgement of Health
I, the Client declare myself physically and mentally sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in training sessions or my use of Equipment (as defined below). I acknowledge I have been informed of the need for a physician’s approval for my participation in an exercise/fitness activity or in the use of Equipment. I recognize it is my sole responsibility to obtain an examination by a physician prior to involvement in any exercise program. I acknowledge I have either had a physical examination and been given my physician’s permission to participate, or if I have chosen not to obtain a physician’s permission prior to beginning this exercise regimen, I acknowledge I am doing so at my own risk.
I will provide the equipment or machinery to be used in connection with workouts, including, but not limited to, benches, dumbbells, barbells, and similar items (“Equipment”), and I will have control over the area in which I perform my workouts. I represent and warrant any and all Equipment I provide for training sessions (“My Equipment”) is for personal use only. Enlightened Strength & Conditioning LLC has not inspected my Equipment and has no knowledge of its condition. I understand I take sole responsibility for My Equipment. I acknowledge that My Equipment may malfunction and/or cause Injuries and Changes (as defined below) and that I take sole responsibility to inspect any and all of My Equipment.
Assumption of Risk
I understand and am aware that Activities, including the use of Equipment, are potentially hazardous activities. I acknowledge the possibility that injuries and physical and mental changes (“Injuries and Changes”) arising during and/or resulting from engaging in Activities does exist. Injuries and Changes include, but are not limited to, abnormal blood pressure, fainting, disorders in heartbeat, heart attack, and, in some instances, death. I understand Injuries and Changes could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life. I am voluntarily participating in Activities and using Equipment with knowledge of the dangers involved. I understand and take sole responsibility for any and all Injuries and Changes that may occur to myself and/or others, related to any and all Activities associated with Enlightened Strength & Conditioning LLC regimen, even if not specifically set forth in this document, whether or not they fall within the scope of reasonably foreseeable injuries related to such Activities, and whether or not undertaken in Trainer’s presence.
Waiver and Release of Liability
In consideration of Enlightened Strength & Conditioning LLC agreement to instruct a fitness regimen to me, I hereby agree to hold harmless Enlightened Strength & Conditioning LLC, its respective representatives, executors, agents, and assigns from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected to my participation in any and all Activities, use of Equipment, or any and all acts or omissions, including negligence by Enlightened Strength & Conditioning LLC and his representatives. This waiver and release of liability includes, but is not limited to, (a) Injuries and Changes to myself and/or others, including but not limited to Enlightened Strength & Conditioning LLC, that may occur as a result of (i) Equipment that may malfunction or break; (ii) any and all defects, latent or apparent, in the design or condition of Equipment; (iii) any and all slips, falls, or dropping of Equipment; (iv) any and all improper maintenance of Equipment or facilities; (v) any hazardous condition that may exist on the premises, including, but not limited to, the specific workout area; (b) damage to property, including but not limited to, Equipment and the premises.
I acknowledge and agree no warranties or representations have been made to me regarding the results I will achieve from this program. I understand results are individual and may vary. I acknowledge I have thoroughly read this waiver and release and fully understand it is a waiver and release of liability. By signing this document, I am waiving any right I, or my heirs and/or assigns, may have to bring any and all legal actions or assert any and all claims against Trainer, its respective representatives, executors, and/or assigns. I represent and warrant I am signing this agreement freely and willfully and not under fraud or duress. I further represent and warrant no social relationship exists between Enlightened Strength & Conditioning LLC and me, or if such a social relationship exists, for purposes of my training sessions, Enlightened Strength & Conditioning LLC and I have assumed a strict business relationship, and I understand any social relationship does not render this waiver invalid. These exculpatory clauses are intended to apply to any and all activities occurring during the time for which I have contracted with Enlightened Strength & Conditioning LLC.