Liability Release Waiver

Liability Release Waiver
Program and Policy Agreement & Release and Waiver of Liability and Indemnity

** Please read the following, if anything is unclear, please ask. This agreement is made today between Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, and the person named at the end of this document, [the client]. It is recommended to every person prior to joining in a physical fitness or nutrition program whether online or in person, that he/she undergo a complete physical examination by their physician.

Scheduling: I understand that my clients have busy schedules and I take pride in not keeping them waiting or keeping them longer than planned. Each regular session will end 50 minutes after it was scheduled to begin. Please be on time out of consideration for my time and your fellow training partners time, if applicable. If you are late it cuts into your session time so prompt arrival is important to get the most out of the training. Session times cannot be extended if you arrive late.

Photos/Videos/Testimonials & Reviews: I authorize Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, to have and use testimonials & reviews written by myself as well as photographs & videos taken of myself by Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, for marketing and/or advertising purposes on social media, website, fliers, and any other advertising outlets, and I hereby consent to and authorize such use without seeking remuneration.

Cancellation Policy: For individual training clients: If the Client needs to cancel or reschedule the appointment, the Client must do so 24 hours in advance; otherwise, the Client will be charged for the session. Exceptions may be granted for sudden emergencies if Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, deems appropriate. If I ever need to cancel or reschedule a session, you will not be charged. Group session clients who prepay receive no refund for cancellations, but rather a credit toward a future session. Pre planned absences will not be charged.

Payments and Refunds: Payment for your session must be completed prior to the session. If you are unpaid, you will need to do so before attending your scheduled session. All clients both in person and online are billed at the beginning of each month. Payment is due on the 1st, and you have until your session or program is due to complete payment. For online clients, payment must be completed before program is sent. Personal training clients may also choose to pay per session, rather than paying a month at a time. Please discuss these options with Katie if you need accommodations.

*Payments can be made via cash, check, venmo, paypal, or via emailed invoice unless otherwise stated above. Please let me know your preferred payment method of choice in advance.*

Disclaimers:

The Client understands that the role of Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, is not to provide health or medical care, medical services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, is a mentor and guide who has been trained in holistic health coaching, nutrition coaching and fitness coaching/training to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes. The Client understands that Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, is not acting in the capacity of a doctor, license dietician-nutritionist, psychologist or other licensed or registered professional, and that any advice given by Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, is not meant to take the place of advice by these professionals. If the Client is under the care of a healthcare professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor. The Client has chosen to work with Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, and understands that the information received should not be seen as medical or nursing advice and is not meant to take place of seeing licensed health professionals.

Personal Responsibility and Release of Health Care Related Claims:

The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being, as well as the lives and well-being of the Client’s family and children (where applicable), and all decisions made during and after this program. The Client expressly assumes the risks of the Program, including the risks of trying new foods or supplements, exercises and all fitness related guidance and the risks inherent in making lifestyle changes with any in person or online coaching. The Client releases Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which the Client ever had, now has or will have in the future against Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, arising from the Client’s past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual.

Confidentiality:

Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual will keep the Client’s information private, and will not share the Client’s information to any third party unless compelled by law.

Arbitration, Choice of Law, and Limited Remedies:

In the event that there ever arises a dispute between Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, and the Client with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the Client in the event that an award is granted in arbitration is refund of the Program Fee. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the Client.

This agreement shall be construed according to the laws of the State of CA. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force. If the terms of this Agreement are acceptable, please sign the acceptance below. By doing so, the Client acknowledges that: (1) he/she has received a copy of this letter agreement; (2) he/she has had an opportunity to discuss the contents with Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, and, if desired, to have it reviewed by an attorney, and (3) the client understands, accepts and agrees to abide by the terms hereof.
In consideration of my participation in the foregoing, the undersigned acknowledge and agree to the following:*

In consideration of my requesting a fitness, and/or nutrition/lifestyle program and in seeking advice concerning the present state of my general physical condition and fitness, I accept any and all responsibility for and assume the risk of, any and all injury or damage to my person and/or property and the potential for unusual, but possible mental or physiological results including, but not limited to, abnormal blood pressure, fainting, heart attack or death, which might arise whether directly or indirectly, as a result of my participation in an exercise/nutrition program with personal training, group fitness training, group classes, nutrition coaching, lifestyle coaching, and holistic health coaching.I hereby expressly release, discharge and hold harmless from any liability whatsoever, Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, and the location where the training program takes place. I fully understand that the program may be strenuous and choose to participate completely voluntarily. I accept all responsibility for my health and any resultant injury or mishap that may affect my well being or health in any way. I hold harmless of any responsibility, Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, and the facility or any person involved with this program or testing procedure.I affirm that I have stated all my known medical condition(s) and have been honest about my medical status. I agree to update Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, in writing of any changes in my medical condition(s) and understand that there shall be no liability on Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individuals part, should I forget to do so.I certify that I am familiar with the contents of this release and that I have read and understand the same and that it is my intention by signing this release, that the same be behind not only upon me but upon my spouse, dependents, heirs, administrators, executors, successors, and assigns.I further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall notwithstanding, continue in full legal force and effect.
COVID 19 Acknowledgements:*

I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.I further acknowledge that Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, has put in place preventative measures to reduce the spread of the Coronavirus/ COVID-19.I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.I further acknowledge that Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Katie Berrey, Jason Berrey and other Rebel Strength & Wellness clients and their families.I voluntarily seek services provided by Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my personal training session/small group personal training session/group fitness class.
I attest that:*

I have not traveled internationally within the last 14 days.I have not traveled to a highly impacted area within the United States of America in the last 14 days.I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/ COVID-19.I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
Release:*

I hereby release and agree to hold Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, or that may otherwise arise in any way in connection with any services receivedfrom Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual. I understand that this release discharges Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, from any liability or claim that I, my heirs, or any personal representatives may have against the Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual, with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Rebel Fitness & Nutrition, LLC, a California limited liability company doing business as Rebel Strength & Wellness, and Katie Berrey, an individual. This liability waiver and release extends to Jason Berrey, an individual.
By signing below I acknowledge that I have read the foregoing Liability Release Waiver and understand its contents; that I am at least eighteen (18) years old and fully competent to give my consent; That I have been sufficiently informed of the risks involved and give my voluntary consent in signing it as my own free act and deed; that I give my voluntary consent in signing this Liability Release Waiver as my own free act and deed with full intention to be bound by the same, and free from any inducement or representation.
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