ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY
This Agreement is entered into between personal trainer ________________ (“Ambassador”) and the undersigned (“Client”). The provision of personal training and nutritional services by Ambassador to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, following nutritional advice or entering our premises or use any facility or equipment on Ambassador’s premises for any purpose, you do so at your 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, whether provided to you by Ambassador or otherwise, including injuries or damages arising out of the negligence of Ambassador, whether active or passive, or any of Ambassador’s employees, agents, representatives, successors, and assigns. You assume the risk of your participation in any activity, class, program, instruction, or event. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Ambassador or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Ambassador (and Ambassador’s affiliates, related entities, employees, agents, representatives, successors, and assigns including Hammer Fit, LLC) from any and all claims or causes of action (known or unknown) arising out of the negligence of Ambassador whether active or passive, or any of Ambassador’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training and nutritional advice, (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 Ambassador’s or anyone else’s negligent inspection or maintenance of the facility or premises.
NOTICE ABOUT FITNESS AND NUTRITIONAL CONTENT: It is critical that you consult your physician, follow all provided safety and other instructions, and obtain authorization before accessing or using any Ambassador or Hammer Fit, LLC service, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. The services are provided for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical advice, diagnosis, or treatment. The information made available on or through the services should not be relied upon when making medical decisions. Your use of any service does not create a doctor-patient relationship between you and Ambassador or Hammer Fit, LLC. Your individual results using the services may vary. You must consult your physician before beginning any nutrition plan or altering any dietary regimen, especially if you have any unique or special medical needs or conditions, such as food allergies, dietary restrictions or if you are pregnant or breast feeding.
DISCLAIMER OF WARRANTIES: You acknowledge and agree Ambassador’s services, including without limitation, any products, goods, services and nutritional advice or information are provided “as is” and “as available”, with all faults, and without performance assurances or guarantees of any kind. Ambassador and Hammer Fit, LLC expressly disclaim any and all warranties, conditions, and representations, express or implied, regarding the services, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality, and warranties arising from course of dealing, usage or trade practice. Ambassador and Hammer Fit, LLC further make no guarantee or warranty as to the particular health and wellness goals, results, benefits or outcomes that may be achieved or obtained through use of any services. You agree to use the services at your sole risk.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Ambassador and Hammer Fit, LLC, from any loss, liability, damage, or cost Ambassador or Hammer Fit, LLC may incur due to the provision of personal training and nutritional advice by Ambassador to you.
LIMITATION OF LIABILITY: To the maximum extent permitted by law, in no event shall Ambassador or its service providers, licensors or suppliers, including Hammer Fit, LLC be liable for special, compensatory, indirect, incidental, consequential, or exemplary damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability and/or if Ambassador or Hammer Fit, LLC were advised of such damages or of any advice or notice given to Ambassador or its service providers, licensors and suppliers, including Hammer Fit, LLC arising out of or in connection with your use of any service. This limitation shall apply regardless of whether the damages arise out of breach of contract, negligence, tort, or any other legal theory or form of action.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Indiana 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 Ambassador offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Ambassador 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 Ambassador. You acknowledge and agree that Ambassador does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and 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 Ambassador for Ambassador’s negligence for providing personal training or any related nutritional or exercise advise, for any defective product used while receiving personal training from Ambassador or your use of any nutritional supplement. 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. You further agree to bring any claim or controversy arising out of this waiver and release in the State or Federal Courts presiding in Indianapolis, Marion County, Indiana.
Print Name: ______________________________
Sign Name: ______________________________