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Online Personal Training Waiver Agreement – Release of Liability & Assumption of Risk
Waiver Agreement between User and Transfitnation, LLC
FULL DISCLOSURE OF PHYSICAL CONDITIONS / INFORMED CONSENT AND ASSUMPTION OF RISK AND RELEASE OF LIABILITY:
This Waiver Agreement, which includes the Full Disclosure of Physical Conditions/Informed Consent and Assumption of Risk and a Release of Liability, is executed on this Signature Date (listed below) by the User. The User’s name is listed on the sign up form for the online wellness program and Transfitnation Wellness App.
I, the User, am voluntarily enrolling in an online wellness program offered through the Transfitnation Wellness App by TRANSFITNATION, LLC (hereinafter, “Company”). This wellness program includes fitness, nutrition and habit coaching services offered through a virtual app. The app includes asynchronous content which may be completed by the user at any time. I (User) understand that I will have unlimited access to the app for the duration of my subscription. I (User) recognize that the program may involve strenuous physical activity including, but not limited to exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities, techniques, and/or exercises. In addition, the wellness program may include nutrition and habit coaching, which involves making changes to my eating and lifestyle. All information and content presented in the app as part of the online wellness program is for information purposes only.
1. I (User) certify that I am physically sound and suffering from no condition, impairment, disease, infirmity, or illness that would prevent my participation in the Activities under this Agreement, except as hereinafter stated.
2. I (User) have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness, nutrition and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed. I understand and agree that I will not make any changes to my diet or eating habits without first obtaining approval of these changes from my physician. If I have chosen not to obtain a physician’s consent prior to beginning this wellness program, I hereby agree that I am doing so voluntarily and solely at my own risk. I understand that it is my sole responsibility to participate in exercises, and make changes to my diet that are appropriate for the current status of my health. If I have any questions or concerns about whether or not a particular activity is appropriate to my current health status, I understand it is my responsibility to ask my doctor if this activity is appropriate before I participate in such activity.
3. I (User) certify that TRANSFITNATION, LLC and/or the Trainer has recommended that I have a yearly or more frequent physical examination and consultation with my physician as to physical activity, exercise, and use of exercise and training equipment so that I may have knowledge that I have either (a) been given permission by my physician to participate, or (b) that I have decided to participate in the Activities under this Agreement without the approval of his physician.
4. I (User) expressly assume all responsibility for my participation in the Activities under this Agreement. I understand that if I feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and seek medical attention.
5. I (User) understand that the results of any fitness program cannot be guaranteed and my progress depends on my own effort and cooperation inside and outside of the sessions.
6. I (USER) CERTIFY THAT I HAVE GIVEN TO THE COMPANY AND/OR THE TRAINER FULL AND COMPLETE DISCLOSURE OF ALL MY PHYSICAL CONDITIONS, IMPAIRMENTS, DISEASES, INFIRMITIES OR ILLNESSES THAT MIGHT AFFECT OR PREVENT MY PARTICIPATION IN THE ACTIVITIES UNDER THIS AGREEMENT. I REPRESENT THAT I HAVE NO CONGENITAL, PHYSICAL, OR MENTAL HEALTH PROBLEMS, NO UNDERLYING CARDIOVASCULAR, NEUROLOGICAL, OR ANY ILLNESS, OR CONDITION WHICH MIGHT AFFECT OR PREVENT MY PARTICIPATION IN THE ACTIVITIES UNDER THIS AGREEMENT.
MEDICAL DISCLAIMER
All content, including graphics, information, images, text, and hyperlinks contained on and accessible through this site, the online wellness program and the Transfitnation Wellness App is for general information purposes only. The information contained on this site, the online wellness program and the Transfitnation Wellness App is not intended or implied to be a substitute for professional medical advice, treatment or diagnosis. Transfitnation, LLC makes no representation and assumes no responsibility for the accuracy of the information contained on or made accessible through this site, the online wellness program and the Transfitnation Wellness App, and such information is subject to change without notice. We encourage you to consult your doctor and discuss all medical questions with your doctor before making any changes to your diet, exercise and/or lifestyle. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING TREATMENT BASED ON INFORMATION YOU HAVE READ OR ACCESSED THROUGH THIS SITE OR THROUGH THE WELLNESS APP.
INFORMED CONSENT AND ASSUMPTION OF RISK
1. I (User) am aware, with full knowledge, of all the risks and benefits associated with the Activities involved in online personal training. I certify that I am of a legal age to enter into an Agreement, and I am not mentally incapacitated. I certify that I am entering into this Agreement without duress, undue influence, and for valuable consideration.
2. I (User) certify that I understand the risks associated with participation in the Activities under this Agreement including, but not limited to physical injury resulting from the acts, omissions, and/or negligence of others. I certify that I know and fully understand the importance and relevance of all the risks, and expressly and voluntarily assume any and all risks associated with my participation in the Activities under this Agreement, including but not limited to the activities of training; activities of diet change; activities of meal planning; activities of calorie intake restriction; activities of habit and lifestyle change; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities, techniques, and/or exercises. Further, I expressly and voluntarily assume any and all risk associated with my participation in the Activities under this Agreement, including but not limited to the risks of dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm), and/or any other physical injury, due to any cause whatsoever.
RELEASE OF LIABILITY
1. I (User) certify that I voluntarily agree to participate in the Activities under this Agreement, including but not limited to the activities of training; nutrition coaching; meal planning; diet modification; calorie intake restriction; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities, techniques, and/or exercise. I further agree to follow all rules set forth by TRANSFITNATION, LLC.
2. In consideration of the privilege of participating in the Activities under this Agreement, and the training services provided by TRANSFITNATION, LLC and its Trainers, I (User) for myself, my heirs, assigns, administrators, executors, and/or all members of my family, including minors, waives, agrees to indemnify, releases, hold harmless and forever discharge TRANSFITNATION, LLC, its successors in interest, assigns, servants, agents, employees, independent Agreementors, associates, officers, directors, officials and any other participants in the Activities under this Agreement, from any and all responsibility, liability, claims and demands of any kind and nature, damages, actions, causes of action of any kind, whether now known or unknown, or which I may have now, or which may hereafter accrue to me (collectively, the Claims), including but not limited to Claims based upon or related to dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm); and/or any other physical injury and/or personal property damage, due to any cause whatsoever, including the act or omission, negligence or any other fault of TRANSFITNATION, LLC, its successors in interest, assigns, servants, agents, employees, independent Agreementors, associates, officers, directors, officials and any other participants in the Activities under this Agreement.
I (USER) ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS DOCUMENT IN ITS ENTIRETY AND FULLY UNDERSTAND IT. I UNDERSTAND THAT IT CONTAINS A RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INFORMED CONSENT. BY SIGNING THIS DOCUMENT, I AM WAIVING CERTAIN RIGHTS THAT I AND/OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST TRANSFITNATION, LLC.
ELECTRONIC SIGNATURE ACKNOWLEDGEMENT
I (User) agree, and it is my intent, to sign this agreement with Transfitnation, LLC and by electronically submitting this agreement to Transfitnation, LLC. I understand that my signing and submitting this agreement in this fashion is the legal equivalent of having placed my handwritten signature on the submitted agreement and this affirmation. I understand and agree that by electronically signing and submitting this agreement in this fashion I am affirming to the truth of the information contained herein.
By selecting the checkbox on the sign up form “I, the User, have read, fully understand and accept the Waiver Agreement, which includes a Release of Liability and Assumption of Risk…” and clicking “SIGN UP” on the checkout page, I acknowledge and accept that this is the equivalent of my electronic signature. I agree that my electronic signature is the legally binding equivalent to my handwritten signature.
I (User) acknowledge Transfitnation, LLC will use my electronic signature to act on my behalf.
A copy of this signed agreement will be provided upon written request.
Any User under the age of 18 must have a parent or legal guardian electronically sign this agreement.
APPLICABLE LAW:
This Agreement shall be governed by the laws of the State of New York.
Effective as of February 15, 2024