1. MISCELLANEOUS TERMS
A. Waiver and Release of Liability; Indemnity. Client agrees to indemnify, defend, and hold harmless Trainer, from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorneys’ fees and costs) arising either directly or indirectly from or related to any and all claims made by or against Trainer due to bodily injury, for any loss or damage, and any claim or demands on account of any property damage or any injury to, or the death of, Client, directly or indirectly, whether caused by the negligence, active, gross, or passive, of Trainer. This provision shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
B. Damage and Personal Injury. Client assumes any and all responsibility and risk for any damages, and injuries to any and all persons or properties that may arise during or after any training sessions or any work completed by Trainer.
C. Assumption of Risk. Client hereby assumes all risks associated with Trainer’s services and agrees to be responsible for its own personal safety, as well as the safety of others.
D. Health & Safety, COVID-19, Other Infectious Diseases. Client agrees that they will call to reschedule if anyone in their household is positive for Covid-19 or is unwell. Trainer will work with Client to reschedule or conduct the session virtually. Client agrees to comply with all restrictions and guidelines set forth by the State of California. Client acknowledges that despite the best efforts of Trainer, in-person training carries with it the potential for exposure to infectious diseases and associated illness and death. Client hereby assumes these risks.
E. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision, or portion thereof, shall be deemed separate from the rest of this contract and shall not affect the validity and enforceability of any remaining provisions, or portions thereof.
This is the entire agreement between Trainer and Client and shall not be modified except in writing, signed by both parties.