Waiver
Congratulations on beginning your health & wellness training program! I am delighted you chose me as a part of your commitment to health and fitness. With my help as your personal trainer, you will improve your ability to accomplish your health, wellness & training goals faster, safer, and with maximum results. The details of these training sessions can be used for a lifetime. In order to maximize progress, it is important to follow program guidelines during supervised and (if applicable) unsupervised training days. Remember, exercise and healthy eating are EQUALLY important!
The following information will provide you with important program policies. Before getting started, please read and sign this form to acknowledge that you have read and understand the following information.
1. I hereby release Kaitlyn Randazzo Erway &/or K10 Fitness, Inc., any facility and owners of the facility where training is taking place, and any others acting upon their behalf from any responsibility or liability for any injury or damage to myself, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf in any way arising out of or connected with my participation in any activities with K10 Fitness, Inc.
2. I agree to participate in one or more physical fitness program(s)/class(es) offered or sponsored by K10 Fitness, Inc., which may include, fitness training of any kind, including with exercise equipment of various types, (the “Activity”) by any affiliate, subsidiary or partnership of K10 Fitness, Inc., and/or Katie Randazzo Erway (hereinafter collectively referred to as “K10 Fitness, Inc.,”). K10 Fitness, Inc., has made me fully aware that the Activity is of a nature, style, and format that is extremely strenuous and may push me beyond the limits of my physical abilities. I recognize and understand that the Activity is not without varying degrees of risk, which may include, but are not limited to the following: Injury to the musculoskeletal and cardiorespiratory systems which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment, or injury or death due to a medical condition, whether known or unknown by me. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for any and all risks that I am exposing myself to as a result of my participation in the Activity and accept full responsibility for any injury or death that may result from participation in the Activity.
3. I do understand and am aware that strength, flexibility and aerobic exercise, including the use of equipment, is a potentially hazardous activity. I also understand that fitness activities involve a risk of injury and even death and that I am voluntarily participating in these dangers involved. I hereby agree to expressly assume all risks of injury and death.
4. I do hereby acknowledge that I have been informed of the need for a physician’s approval for my participation in the Activity. I also acknowledge that it has been recommended that I have yearly or more frequent physical examinations and consultations with my physician as to physical activity, exercise, and use of exercise equipment. I acknowledge that I have either had a physical examination and have been given my physician’s permission to participate, or that I have decided to participate in the Activity without the approval of my physician and do hereby assume all responsibility for my participation in the Activity.
I have been informed by K10 Fitness, Inc., that these changes could include abnormal blood pressure, fainting, disorder of heart rhythm, stroke, and in very rare instances, heart attack or even death, and I fully understand the same.
5. In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in the Activity made available by K10 Fitness, Inc., and with my full understanding of all of the above, I hereby waive, release, remise and discharge K10 Fitness, Inc., and its agents, officers, principals and employees and volunteers, as well as the facilities and owners of the facilities where Activity is taking place, of any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, my participation in the Activity, including those allegedly attributed to the negligent acts or omissions of both my exercise partners and K10 Fitness, Inc.
6. Inquiries: You may refuse to participate or stop at any time during the exercise session(s)/class(es). Before signing this form, K10 Fitness, Inc. encourage you to ask any questions regarding any aspect of this program that may be unclear to you. K10 Fitness, Inc. also suggest you discuss your participation in any exercise with your doctor
7. Explanation of Session: The exercise session(s)/class(es) will follow progressive exercise levels and will be regulated by a Personal Trainer. The session may consist of aerobic type of activities and/or activities emphasizing proper breathing and correct spinal and pelvic alignment as well as other similar activities. These activities are designed to place a gradual workload on the body and thereby improve its functioning, although we provide no guarantee of improvement. During the exercise sessions you may experience local muscle soreness and slight fatigue. These minor discomforts may appear in the early stages of the program. As the conditioning process continues with regular attendance in the exercise sessions, the soreness may disappear
8. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
If I need medical treatment, K10 Fitness, Inc., is authorized to obtain medical treatment for me. I will be financially responsible for any costs of such treatment. I agree that I will not hold the K10 Fitness, Inc., responsible for any claims resulting from any medical treatment.
9. Indemnification: Should K10 Fitness, Inc., or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless K10 Fitness, Inc., their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by K10 Fitness, Inc.,.
10. Appearance Release: K10 Fitness, Inc., and its authorized representatives has the right to record and reproduce in any manner my name, voice, and likeness (whether obtained prior to or after the date of this Agreement). All images and sound captured on tape or otherwise shall be referred to in this Agreement as the “Recordings”. K10 Fitness, Inc., shall (i) own all rights in the Recordings, (ii) have the right to use the Recordings, in whole or in part, in any manner or media (whether now existing or created in the future), in perpetuity, throughout the universe, including but not limited to in connection with advertising, promotion and publicity by or on behalf of K10 Fitness, Inc.,. I waive (i) the right to inspect or approve of any use of the Recordings, (ii) any rights to injunctive relief I may have in connection with this Agreement, (iii) the right to revoke this Agreement, and (iv) any moral rights I have in the Recordings. I release and agree to hold harmless and indemnify K10 Fitness, Inc., its licensees and assigns from all claims, demands, causes of action, damages, liabilities of any kind, and reasonable attorney’s fees which may arise out of or in connection with the use of the Recordings. No compensation will be due to me in connection with the exploitation of the recordings.
11. I have fully read and fully understand the foregoing assumption of risk and release of liability. I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights. This Agreement represents the entire understanding in effect between the parties. Regardless of where signed, this Agreement will be governed by the laws of Michigan and any disputes will be decided by the federal and state courts located in the Traverse City, Michigan.
12. Confidentiality: The information based on the observations made during the exercise sessions is treated as privileged and confidential. However, it may be used for statistical or scientific purpose with your right to privacy intact.
13. If Participant is under 18 years of age: I am the parent or legal guardian of the Participant. I have read this two-page document, and I am signing it freely. I understand the legal consequences of signing this document, including (a) release of K10 Fitness, Inc., from all liability on my and the Participant’s behalf, (b) waiver of my and the Participants’ right to sue, (c) and assumption of all risks of the Participant’s participation in this Activity. I allow Participant to participate in this Activity. I understand that I am responsible for the obligations and acts of Participant as described in this agreement. I agree to be bound by the terms of this agreement.