WAIVER AND RELEASE FORM
This is an important legal document which explains the risks you are assuming by beginning an exercise program. It is crucial that you read and understand it completely. The undersigned has volunteered to participate in a program of physical exercise under the direction of Olivia Figueroa, DBA “LivFitness”, which may include, but not limited to, weight and/ or resistance training. You are solely responsible for determining whether you are physically and mentally fit and/or adequately skilled to participate in LivFitness activities and/or classes and use Fitness Equipment. Risks from participating in LivFitness activities and/or classes may be aggravated if you are pregnant, suffer from an underlying medical condition, take medication, smoke cigarettes, have a family history of coronary disease, or have recently suffered an illness, injury or impairment. Accordingly, it is your responsibility to consult a physician before undertaking any fitness activity. It is also your responsibility to determine, during your participation in LivFitness activities and/or classes, whether you should discontinue your participation in such activities or take any other actions to protect your health or safety.
WARNING OF RISK FROM FITNESS ACTIVITIES
Aerobic and other fitness activities such as indoor cycling, running, or jogging, plyometrics, yoga, floor and barre exercises, passive/resistive weight training, use of stair machines, treadmills, rowing machines, free weights, and other training devices are intended to challenge and engage the physical, mental and emotional resources of the participant.
Despite careful and proper preparation, instruction, medical advice, and conditioning, participation in fitness activities involves a risk of serious injury. All hazards and dangers cannot be foreseen.
Depending on the particular activity, certain risks, dangers and injuries due to overexertion, lack of hydration, improper technique, ignoring safety precautions, failing to properly follow instructions, slips and falls, unfamiliarity with the equipment and/or exercise, equipment failure, failure in supervision/instruction, premises defects and other risks inherent to the particular activity exist. Nonetheless, you hereby agree to assume all risks of your participation in LivFitness activities and/or classes, whether known or unknown to you.
Depending upon a person’s physical condition, age and/or skill level, fitness activities can involve a substantial risk of the following types of injuries, among others: (i) heart attack, stroke and circulatory problems, (ii) bone and joint injuries, (iii) back and neck injuries, (iv) shin splints, (v) muscle strain and other muscle injuries, (vi) foot problems, (vii) psychological injury, pain or suffering, (viii) disfigurement, (ix) temporary or permanent disability (including paralysis), (x) death or (xi) economic loss. In addition, a very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns that may appear on LivFitness Equipment. Seizures may have a variety of symptoms, including lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness. Seizures may also cause loss of consciousness or convulsions that can lead to injury from falling down or striking nearby objects. If you experience any of these symptoms, you should immediately stop exercising and consult a doctor.
It is the responsibility of all participants to have a complete physical examination by a medical doctor prior to beginning any activity. If a participant has, or has a history of, any of the conditions listed in the “YOUR RESPONSIBILITY” section of this document, he/she should consult a physician before participating in any fitness activity. If the applicant has chosen not to obtain a physician’s permission prior to beginning this exercise program with Olivia Figueroa, they hereby agree that they are doing so at their own risk. In any event, they acknowledge and agree that they assume the risks associated with any and all activities and/or exercise in which they participate.
RIGHT TO USE
In addition, because LivFitness may capture its exercise classes on video, audio and still images for broadcast to LivFitness members across the internet, by participating in an indoor exercise class you grant LivFitness permission to use some or all of your name, LivFitness profile information, visual likeness, voice recording, graphics, photographs or other artwork and any other information you provide to LivFitness or its employees or agents (such as instructors) (for simplicity, these items will be referred to as “Materials”) in one or more of its content, products and advertising, in any form or format now known or hereafter created, and distributed or made available throughout the world in perpetuity, without compensation to or further approval from you. If you do not want the Materials to be captured, published or broadcast for such uses, then you must choose not to participate in an exercise class offered by LivFitness.
No refunds will be issued to anyone who purchases the online training subscription, live classes, or any package of training sessions. No exceptions. Once purchased, you will have one full month of the online subscription which will renew automatically after one month unless cancelled. All subscribers can cancel on their own from the portal or can contact LivFitness via email to cancel at Olivia@livfitnesstraining.com. If you sign up online for the subscription to LivFitness you understand that you can cancel at any time but will not receive a refund.
WAIVER AND GENERAL RELEASE OF ALL CLAIMS AND ASSUMPTION OF RISK
You recognize and acknowledge that there are inherent risks of physical injury to participants in any fitness activities, including when using LivFitness Equipment, and you voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that you may sustain as a result of said participation. As a material inducement for LivFitness to permit you to participate in LivFitness activities and/or classes, to use LivFitness facilities or LivFitness Equipment, you hereby, on behalf of yourself, your heirs, executors and assigns, fully, forever and irrevocably waive, release and hold LivFitness, its shareholders, directors, agents, representatives, employees, consultants, affiliated companies, partners, and successors (collectively “LivFitness Parties”) harmless from any and all claims (including, to the extent permitted by applicable law, claims alleging negligence on behalf of any LivFitness Party), injuries, damages or loss (including legal fees), present or future, foreseen or unforeseen, anticipated or unanticipated (collectively “Claims”), that you may have (or that accrue to you) against any LivFitness Party, and generally release and discharge the LivFitness Parties from any and all Claims, including but not limited to those involving: (i) participating in any supervised or unsupervised fitness activities, (ii) use of any fitness equipment, including Fitness Equipment, (iii) any loss or theft of personal property, and (iv) accidental injuries, such as “slip and fall” injuries on or outside of LivFitness premises, and you hereby promise never to assert or assist any other party in asserting, any claims or causes of action against any LivFitness Party in any matter that in any way relates to any Claims. They acknowledge and agree that no warrantees or representations have been made to them regarding the results they will achieve from this program. They understand that results are individual and may vary.
By participating in any fitness activities and/or visiting any LivFitness premises or classes you agree and acknowledge that you have read and fully understand the above important information, warning of risk, authorization, assumption of risk, and waiver and general release of all claims.
I represent that: (i) I am at least 18 years old, (ii) I meet LivFitness’s height and weight restrictions (as posted in the studio or made available by LivFitness staff); and (iii) I have no health-related conditions that could affect my participation in LivFitness activities a nd/or classes. I have read and fully understand the above important information, warning of risk, authorization, assumption of risk, and waiver and general release and discharge of all claims.