Terms & Conditions: Consent and Client Waiver
TERMS & CONDITIONS: CLIENT INFORMED CONSENT and CLIENT WAIVER
PLEASE READ THESE TERMS & CONDITIONS: CLIENT INFORMED CONSENT and CLIENT WAIVER CAREFULLY BEFORE MAKING YOUR PURCHASE/REGISTRATION. By selecting "I have read and agree to the terms and conditions of this page." upon checkout and making your purchase/registration, you signify your acknowledgment and acceptance to the following CLIENT INFORMED CONSENT ACKNOWLEDGING RISKS AND INDEMNITY and CLIENT WAIVER & RELEASE OF ALL CLAIMS. Acknowledgment and acceptance of these terms is required for purchase/registration:
CLIENT INFORMED CONSENT ACKNOWLEDGING RISKS & INDEMNITY
I hereby consent to voluntarily engage in an exercise and/or nutrition program. I understand that no exercise or nutrition program is without inherent risks and that, regardless of the care taken by my personal trainer/nutrition professional, he or she cannot guarantee my personal safety.
I understand that a regular exercise program has been shown to have definite benefits to general health and well-being. I consent to being placed in the program activities which are recommended to optimize said benefits.
I understand that it is my responsibility to fully disclose to my trainer any health issues or medications that are relevant to participation in a strenuous exercise program or nutrition plan, inform the trainer if there are activities with which I do not feel comfortable, to cease exercise and report promptly any unusual feelings (e.g. chest discomfort, nausea, difficulty breathing, apparent injury etc.) to my trainer and to clear my participation in any exercise program or nutrition plan with my physician.
I understand that I am expected to follow the program and guidance of the trainer. I understand the potential physical risks involved in the exercise program and believe that the potential benefits outweigh the risks. I understand that the achievement of health and fitness goals cannot be guaranteed. I understand that I have a voice in planning and approving the activities selected for my exercise program.
I have either provided a medical release from my physician to my trainer or have refused to obtain said medical release, fully acknowledging the risks associated with the exercise regimens voluntarily being undertaken with my trainer. I am in good physical condition and have no impairments which might prevent my participation in exercise activities or the general nutrition guidelines provided and have been advised to consult a physician prior to beginning this program.
I have been informed that the information that is obtained in this exercise program will be treated as privileged and confidential and will consequently not be released or revealed to any person without my express written consent.
I acknowledge and represent that I am 18 years of age or older and have read and understand the contents of this document. I have been made fully aware of and understand the potential risks involved in exercise and/or nutrition programs. I hereby consent to those risks and freely and voluntarily agree to participate in an exercise and/or nutrition program offered by FlexFitStudio,LLC. I am freely signifying that I acknowledging and accepting terms and conditions of this Agreement.
CLIENT WAIVER & RELEASE OF ALL CLAIMS
I hereby accept all risks associated with my participation in fitness exercise and/or nutrition programs being offered by FlexFitStudio, LLC. In consideration of using the services of FlexFitStudio, LLC, I release and forever discharge FlexFitStudio, LLC, their employees, including trainers and any other officers, agents or volunteers (“RELEASEES”) from any and all responsibility or liability from injuries or damages to my person or personal property resulting from or connected with my participation in any of the fitness exercise and/or nutrition programs being offered by RELEASEES whether arising from the active or passive negligence of RELEASEES or otherwise.
1. I acknowledge and fully understand that I will be engaging in exercise and training activities that potentially involve the risk of serious injury, permanent disability or death. Other possible risks may include social and economic losses which might result not only from the RELEASEES own actions, inactions or negligence, but the actions, inactions or negligence of others, the condition of the private or public premises or any equipment. Further, that there may be other risks not known or not reasonably foreseeable at this time. I hereby assume full responsibility for all the foregoing risks, known and unknown, and accept responsibility for the damages following any injury, permanent disability, or death.
2. I further acknowledge and understand that FlexFitStudio, LLC, its personal trainers and other employees are not licensed dieticians or physicians and that any information or guidelines provided by FlexFitStudio, LLC, its personal trainers or other employees carry no warranty of any kind, expressed or implied, including, but not limited to, warranties regarding safety or suitability for a particular purpose.
3. FlexFitStudio, LLC and its employees will implement the most effective principles to help the participant achieve his or her goals within their scope of practice, but cannot guarantee that its products, plans, or workouts will be safe, effective or suitable for everyone. For that reason, all such products, services, programs, techniques and materials embodied in such products and services, are offered without warranties or guarantees of any kind, expressed or implied, and FlexFitStudio, LLC and its employees disclaim any liability, loss or damages that may result from their use.
4. I understand that a physician’s approval is highly recommended prior to participating in any fitness exercise or nutrition program. I have signed the FlexFitStudio, LLC’s Informed Consent Acknowledging Risk form.
5. I have read this document in its entirety and agree to adhere to all its precepts, as well as all other terms and conditions of FlexFitStudio’s fitness exercise programs. I understand the risks and benefits of the programs and any questions I may have had have been answered to my satisfaction. Upon participation, I do hereby discharge, release and hold harmless RELEASEES from any and all liability for damage claims or losses of any kind or character whatsoever resulting from any injury or condition I may suffer, or resulting from my participation in FlexFitStudio, LLC’s fitness and/or exercise programs.
6. This agreement applies not only to any and all physical injuries but to any and all claims from the damage to, loss of, or theft of property relating to my participations in FlexFitStudio, LLC’s fitness exercise and/or nutrition programs.
7. This agreement is intended to be broad and inclusive and shall be governed by and construed in accordance with the laws of New York. If any portion of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
8. This agreement and the accompanying FlexFitStudio, LLC’s Informed Consent contains the entire agreement between the parties. No other agreement exists between the parties and no representations, verbally or in writing, have been made except as stated herein.
By purchasing an offer, registering, or opting in, I agree to be placed on a mailing list to receive information from FlexFitStudio and may unsubscribe at any time.
I acknowledge and represent that I am 18 years of age or older, that I have read and understand the contents of this document, and that no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made. I also agree, for myself and my successors, that the above representations are not mere recitals and that they are binding.