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Get Fit with Gwen, LLC: Acknowledgement and Release of Liability

Purpose: The purpose of this waiver is to inform a new client (“client”) of Get Fit w/ Gwen, LLC (“GFG”) of potential risks of engaging in an exercise program, and to acknowledge responsibilities of each party.

1. Physical exercise, sport, wellness, and recreational activities may cause injury. I understand that there is an inherent risk of injury when choosing to participate in any physical exercise, sport, wellness, and/or recreational activities. My participation is a voluntary activity in all respects, and I assume all risks of injury and illness that may result from participation in any group activities or individual activities such as walking, running, using weights, and working with any other fitness equipment.

 

2. As the client, I recognize and acknowledge that there are risks of physical injury and I agree to assume the full risk of any injuries (including death), damages, or loss which I may sustain because of participating in all activities arising out of, connected with, or in any way associated with GFG. I acknowledge that my participation in these activities is voluntary.

 

3. I hearby fully release and discharge that Get Fit w/ Gwen, LLC and their agents, employees and the sponsors and those whose facilities are being used for this program (collectively, the “Released Parties”) from any an all liability, claims, and causes of action from injuries or illness (including death), damages or loss which I may have or which may accrue to me based on my participation in workplace wellness activities. This is a complete and irrevocable release and waiver of liability. Specifically, and without limitation, I hereby release the Released Parties from any liability, claim, or cause of action arising out of the Released Parties’ negligence. I covenant not to sue the Released Parties for any alleged liabilities, claims, or causes of action released hereunder.

 

4. I further agree to indemnify and hold harmless and defend the Released Parties from all claims resulting from injuries or illness (including death), damages, or loss, including, but not limited to attorneys’ fees, sustained by me arising out of, connected with, or in any way associated with my participation in GFG activities.

 

5. In the event of an emergency, I authorize the Released Parties to call 911 so that local emergency responders may provide treatment deemed necessary for my immediate care and agree that I will be responsible for payment of all medical services rendered.

 

6. I understand that it is my responsibility to consult a physician before I undertake any physical exercise program. I certify that I am in good health and sufficient physical condition to properly participate in fitness activities; that I am knowledgeable about proper use of any exercise equipment that I will use, including my own equipment. I will carefully read the operating instructions of all exercise equipment I use and operate such equipment in strict accordance with instructions.

 

I have read and fully understand this Acknowledgement and Release of Liability set forth above, including the permission to secure medical treatment and the release of all claims, including claims for the negligence of the Released Parties. I am 18 years old or older.

Get Fit w/ Gwen, LLC: Release of Laibility for Trainer for Virtual and In-Home Sessions

Purpose: The purpose of this waiver is to inform clients, communicate expectations and release liability for Personal Trainers of Get Fit w/ Gwen LLC during Virtual Sessions including Personal Training and Consultations (“Sessions”).

Informed Consent. 

  1. By signing below, the Client acknowledges, certifies, and accepts the following:

  2. That they are in adequate physical condition to participate in exercise despite any current medical conditions they may possess. That they will notify the Trainer of any changes to their physical condition or medical condition.

  3. That they assume the risk of physical injury from any advice, instruction, or action conducted during or because of a Session with the Trainer or any exercise programs or advice provided by the Trainer.

  4. That any discomfort, distress, or uncomfortable feelings will be immediately brought to the attention of the Trainer.

  5. That they will NOT hold the Trainer or its employer (Get Fit w/ Gwen, LLC), affiliates, agents or any other entity or individual connected to them either directly or indirectly, liable for any result from the Sessions, exercise programs or advice provided.

  6. That they, the Client, assume all responsibility for their own participation in the Sessions and are 18 years old or older.

 

Services.

  1. The Trainer is obligated to provide training, advice and information following the recommendations set forth by their nationally accredited certifying body (i.e., American College of Sports Medicine). The Trainer is also obligated to provide a positive and safe atmosphere for the Client while always looking out for the Client’s best interests.

  2. The Trainer is not and does not claim to be a licensed physician or hold any credentials that may present them to give medical advice. Any guidance made is based on general health knowledge that is available in the public domain.

  3. There are no guarantees made by the Trainer regarding results from exercise, nutrition, or any other recommendations. The Trainer will make a good-faith effort in accordance with industry standards to provide the best experience for the Client on an as-is, where-is basis.

  4. The Client agrees to arrive for scheduled sessions on time. If the Client shows up late the Trainer will provide the session given the remaining time available in the session.

  5. The Client will provide 24 hours’ notice of cancellation to the Trainer or still pay the session fee.

 

Virtual and In-Home Session Information.

  1. The intent of virtual and in-home sessions is to educate and increase access to fitness resources.

  2. The virtual sessions will be conducted online via an online platform using video technology such as Zoom.

  3. The in-home sessions will be conducted in the client’s home, the Trainer will travel to the client’s home and there is a mileage surcharge for this service.

  4. The sessions will be delivered one-on-one; the Client is not allowed to have another person join the session unless previously approved by the Trainer.

  5. It is the client’s responsibility to choose a physical space to exercise that is safe, including providing adequate space and being free from potential trip hazards.

  6. The client will be using their own exercise equipment and agrees to ensure that it remains in good working order to minimize the risk of injury to themselves.

  7. The Trainer or any other Get Fit with Gwen team member holds the right to cancel my access virtual or in-home sessions if they deem it appropriate for safety or other concerns.

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