WAIVER

Limitation of Liability: In no event shall trainer be liable to the client for any special, consequential, incidental, punitive, or indirect damages arising from or relating in any way to this contract, or arising in any way to services rendered by trainer to the client, regardless of any notice of the possibility of such damages. The client further acknowledges and agrees that trainer’s liability shall not exceed the amount of session fees actually paid by the client to trainer for a period of six (6) months. 

Assumption of Risk: Client engagement in any physical exercise or activity, including in-person training or virtual training (live zoom/virtual platforms/mobile fitness app), is at Client’s 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. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, including but not limited to VO2 Submax cardio tests, HIIT cardio/rowing/Ski-Erg, and/or TRX/other suspension training whether provided to Client by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. Client’s assumption of risk includes, but is not limited to, use of any exercise equipment (mechanical or otherwise), sidewalks, parking lots, stairs, or any equipment. Client assumes the risk of participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, or any other sporting or recreational endeavor. Client agrees that Client is 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 thee of any personal property, whether arising out of the negligence of Trainer or otherwise. If Client is engaged in online training, Client acknowledges that Client is not being monitored by any trainer and that there is no liability to the trainer, facility or studio if there is an injury sustained. 

Release: Clients agree on behalf of Client (and all of Client’s personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (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 that may occur as a result of

(a) Client’s use of any exercise equipment or facilities which may malfunction or break,

(b) improper maintenance of any exercise equipment, premises or facilities,

(c) negligent instructions on or supervision, including personal training,

(d) negligent hiring or retention of employees, and/or

(e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises,

(f) training you undertake that is online only without the supervision of a trainer.

The trainer will provide step-by-step instruction on completing the exercise in a safe manner but cannot monitor Client while you are completing these exercises. If Client is unable to complete the exercise due to physical limitation or lack of understanding Client agrees to not attempt. If Client does attempt, Client will be liable for any injury sustained.

Acknowledgments: You expressly agree that the foregoing release, waiver, assumption of risk agreement is intended to be as broad and inclusive as permitted by the law in the State of Illinois and beyond, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability and express assumption of risk. 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 or Trainer’s negligence, or for any defective product used while receiving personal training from Studio or online training . 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. Consent, And Covenant Not To Sue. In consideration of Trainer’s agreement to instruct, assist, and train, Client releases, discharge and hereby hold Trainer, and its officers, directors, managers, members, agents, assigns, contractors, and employees harmless from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in any exercise program or sessions offered by Trainer, including any injuries or death resulting therefrom. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (1) equipment that may malfunction or break; (2) any slip, fall, or dropping of equipment; and/or (3) company, or its agents’ negligent instruction or supervision. 

All rights reserved for Results Driven Trainer, LLC.