I agree to the terms in this agreement as a client of Morgan Holben, which will be providing services through sole proprietor (hereinafter referred to as “Trainer”). Trainer will conduct clients Personal Training and Health Coaching Services what’s said Training and Health Coaching Services to be provided pursuant to an agreed-upon fee and trainer agrees to provide said training sessions subject to clients agreement to the following terms and conditions.
Assumption of Risk:I am aware that all activities associated with receiving personal training instruction from trainer including, but not limited to activities involving aerobic exercise, stretching exercise, and weightlifting, as well as additional strenuous exercise and/or exertion of strength, and other sustained physical activities which place stress on the cardiorespiratory and muscular systems (collectively referred to as training), are and can be hazardous activities that include certain risks and dangers, including but not limited to, catastrophic injuries, including paralysis, other Serious injury and death. I voluntarily accept full responsibility of all risks involved including risks from participating in any way in the training, use of equipment Trainer has provided or use of equipment I provide, whether the training takes place in my own home or another location.
Waiver: In consideration of my participation in the training provided by Trainer I, myself, my heirs, executors, administrators or signs, do hereby release, wave, discharge and covenant not to sue Trainer and/ or its members, managers, officers, directors, agents, and Affiliated entities (hereinafter referred to as “releases”) from liability, from any and all claims, including the negligence of trainer resulting in personal injury, accident or illness (including death) and property loss arising from, but not limited to, participation in the training and use of facilities, promises or equipment wherever located and by whom ever provided. I acknowledge and agree that trainer has not inspected the equipment at the location or the suitability for the training. I expressly release, hold harmless, discharge and indemnify (including costs and attorney fees) Trainer and releases for any loss injury or damage (including death) from any calls, including negligence arising out of any location, and/or arising out of the use of my own equipment or equipment provided by trainer. Indemnification and Hold Harmless: I also agree to indemnify and hold trainer and all releases harmless of any and all claims, actions, suits, procedures, cost, expenses, duties and liabilities, including attorney’s fees as a result of my training with Trainer and to reimburse Trainer for any such expenses incurred.
Physician Approval: I have represented to Trainer that I have either a) been given a physician’s permission to participate in the training, or b) voluntarily participate in the training and accept all risks related to training without the approval of my physician. I represent that I am not aware of any medical or physical condition that would prevent me from participating in the training or from use of equipment or facilities, which pose a serious health risk to me. I further knowledge and agree that I am not obligated to participate in any training that I do not wish to participate in. I will inform trainer immediately if I do not wish to participate in any specific training or need modifications.
Likeness Release:I understand that Trainer, may use any photos I submit during the delivery of online training, or at the completion of training and I agreed to allow Trainer to use photographs and videos of me, as well as, name and likeliness for promotional purposes. Trainer agrees not to post any photos without your verbal permission.
Acknowledgement of Understanding:I have read the Assumption of risk, waiver of liability, Provisions in this agreement and I understand that I am giving up substantial rights, including the right to sue. I acknowledge that I am signing the agreement freely and voluntarily and intend, by my signature that this document be a complete and unconditional release of liability to the greatest extent of the law. I further certify that I have fully read and understand the terms of this agreement and will comply with the contents herein.