ACT PERSONAL TRAINING LLC LIABILITY, CONSENT, AND INDEMNITY AGREEMENT

    DECLARATIONS:
    This Agreement is entered into between Act Personal Training LLC (hereinafter referred to as "Trainer") and the undersigned ("Client"). The provision of personal training services by Trainer to Client, and Client’s use of any premises, facilities, or equipment are contingent upon this Agreement.

    FACILITIES AND TRAINING RISKS:
    You agree that if you enter our premises or use any facility or equipment on our premises for any purpose, including personal training, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise. Your assumption of risk includes, but is not limited to, your use of any exercise equipment, sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment.

    HEALTH RISKS OF TRAINING:
    It is your understanding and you have been informed that there exists the remote possibility during exercise of adverse changes including, but not limited to, abnormal blood pressure, fainting, dizziness, disorders of heart rhythm, and in very rare instances heart attack, stroke, or even death. Further, there exists the risk of bodily injury including, but not limited to, injuries to the muscles, ligaments, tendons, and joints of the body. Every effort, you have been told, will be made to minimize these occurrences by proper staff assessments of your condition before each personal fitness training session, staff supervision during exercise, and by your own careful control of exercise efforts. Knowing these risks, it is your desire to participate as herein indicated.

    BENEFITS TO BE EXPECTED AND ALTERNATIVES AVAILABLE TO EXERCISE:
    You understand that this program may or may not benefit your physical fitness or general health. Your involvement in the personal fitness training sessions will allow you to learn proper ways to perform conditioning exercises, use fitness equipment, and regulate physical effort.

    CONFIDENTIALITY AND USE OF INFORMATION:
    The information obtained in this personal fitness training program will be treated as privileged and confidential and will not be released or revealed to any person without your express written consent.

    SEVERABILITY:
    In the event that any provision of this Agreement is deemed illegal or unenforceable, the remaining portions shall remain in full force and effect.

    TERM OF THE AGREEMENT:
    This Agreement is valid from the date signed and shall remain in effect indefinitely unless otherwise revoked in writing by the participant.

    MEDICAL CLEARANCE:
    I confirm that I have sought, or will seek, medical clearance from a qualified healthcare professional before beginning any fitness regimen.

    RIGHT OF REFUSAL:
    Trainer reserves the right to refuse service or training if it believes my health is at risk or for any other reasonable cause.

    PHOTOGRAPHY AND RECORDING:
    I grant Trainer the right to photograph or record training sessions for promotional or instructional purposes unless I explicitly state otherwise in writing.

    PROPERTY LOSS OR THEFT:
    Trainer and its employees are not responsible for the loss or theft of personal property brought into the training area.

    CANCELLATION & RESCHEDULING:
    I understand the policies set by Trainer concerning canceling or rescheduling sessions and agree to any fees or penalties associated with last-minute changes.

    RELEASE:
    You agree, on behalf of yourself and all your personal representatives, heirs, executors, administrators, agents, and assigns, to release and discharge Trainer from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns.

    INDEMNIFICATION:
    By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal fitness training by Trainer to you.

    ACKNOWLEDGMENTS:
    You acknowledge that Trainer offers a service to its clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer. You have read this waiver and release, fully understand that it is a release of liability, express assumption of risk, and indemnity agreement. 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 for Trainer's negligence, or for any defective product used while receiving personal training from Trainer. You have read and voluntarily signed the waiver and release.