(“Client” hereafter), through the purchase of training sessions and in consideration thereof, have agreed to voluntarily participate in an exercise program, including, but not limited to, strength training, flexibility development, postural correction, and aerobic exercise, under the guidance of Filley Fit Personal Training, LLC, its Independent Contractors and/or its employees (“Trainer” hereafter). I hereby stipulate and agree that I am physically and mentally sound, and currently have no physical conditions that would be aggravated by my involvement in an exercise program. I have provided Trainer verification from a licensed physician that I am able to undertake a general fitness-training program and/or have read, understood, completed, and adhered to the recommendations detailed in the Physical Activity Readiness Questionnaire (PAR-Q). I acknowledge that I was provided an opportunity and ample time to ask and discuss any questions I had related to the PAR-Q.
I understand and am aware that physical fitness activities, including the use of equipment, are potentially hazardous activities. I am aware that participating in these types of activities, even when completed properly, can be dangerous. I agree to follow the verbal instructions issued by the Trainer. I am aware that potential risks associated with these types of activities include, but are not limited to: fainting, disorders in heartbeat, serious neck and spinal injury that may result in complete or partial paralysis, or brain damage, serious injury to other aspects of my body, general health, and well-being, up to and including death.
I understand and agree that I am responsible for my own medical insurance and will maintain that insurance throughout my entire period of participation with the Trainer. I will assume any additional expenses incurred that go beyond my health coverage. I will notify the Trainer of any significant injury that requires medical attention, such as emergency care, hospitalization, etc.
In the event of any emergency, I authorize the Trainer to secure from any accredited hospital and/or physician any treatment deemed medically necessary for my immediate care, and agree that I will be responsible for payment for any and all medical services rendered in connection thereto.
The Trainer or I will provide the equipment to be used in connection with training sessions, including, but not limited to, benches, dumbbells, barbells and similar items. I represent and warrant that any and all equipment I provide for training sessions is for personal use only. I acknowledge the Trainer has not inspected my equipment and has no knowledge of its condition. I understand that I take sole responsibility for my own equipment. I acknowledge that, although the Trainer takes precautions to maintain the equipment, any equipment may malfunction and/or cause potential injuries. I take sole responsibility to inspect any and all of my or the Trainer’s equipment prior to use.
Although the Trainer will take precautions to ensure my safety, I expressly assume and accept the sole responsibility for my safety, and for any and all injuries that may occur. In consideration of the acceptance of this entry, I, for myself and for my executors, administrators, and assigns, waive and release any and all claims against the Trainer, and any of their staffs, independent contractors, officers, officials, volunteers, interns, sponsors, agents, representatives, successors or assigns, and agree to hold them harmless from any claims or losses, including, but not limited to, claims for negligence for any injuries or expenses that I may incur while exercising or while traveling to and from training sessions. These exculpatory clauses are intended to apply to any and all activities occurring during the time for which I have contracted with the Trainer.
I understand and agree that all claims and disputes arising under or relating to this agreement are to be settled by binding arbitration in the state of California or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.
Cancellation Policy
I understand and agree that if I cancel a scheduled training session less than twelve (12) hours from the scheduled start time of a session, I will forfeit the training session and will not receive a refund or any compensation for the canceled session.
I understand and agree that all session packages purchased expire six (6) months from the date of purchase. Furthermore, I understand that any unused training sessions will be forfeited and I will not receive a refund or any compensation for the unused session(s) once expired