DECLARATIONS: This agreement is entered into between personal training provided by MARZ FITNESS LLC and the undersigned (“Client”). The provision of personal training services by Trainer to Client, and Client’s use of any premises, facilities or equipment are contingent upon this agreement.
ASSUMPTION OF RISKS: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our 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 Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts or other areas, sidewalks, parking lots, stairs, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, or any other sporting or recreational endeavor. 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, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.
RELEASE: You agree on behalf of yourself and all your personal representatives, heirs, executors, administrators, agents, and assigns to release and discharge Trainer and Trainer’s affiliates, related entities, 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 exercised equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and failing while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.
RIGHTS TOI PHOTOS, VIDEOS, MESSAGES, & DATA
By signing this agreement, you grant MARZ Fitness the unrestricted right to use any photos, videos, messages (including chat logs), performance data (including workout logs and nutrition tracking), and other information you provide to us during your participation in the Program for marketing, advertising, testimonials, social media, website content, and other business purposes.
INDEMNIFICATION: By execution of this agreement, you here by agree to indemnify and hold harmless MARZ FITNESS LLC from any loss, liability, damage or cost the Trainer may incur due to the provision of personal training by MARZ FITNESS LLC to you.
ACKNOWLEDGEMENTS: 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 States of Mississippi and Louisiana 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 MARZ FITNESS LLC offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. MARZ FITNESS LLC is not in the business of selling weightlifting equipment, exercise equipment or other such products to the public, the use of such items is incidental to the service provided by the Trainer. You acknowledge and agree that Trainer does not place such items in to the stream of commerce. This release is not intended as an attempt release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release fully and understand that this 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 legal action or assert a claim against MARZ FITNESS LLC for trainer’s negligence, or for any defective product used while receiving personal training from your trainer. 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. Also we ask that all clients who write MARZ FITNESS LLC a check for their payment must provide a valid phone number and their license number on the check, if the check is returned the client is responsible for the amount that the check was written for and also a $50.00 NSF fee within a week of the returned check or we have the option to take you to court for unpaid services. This is also a NONREFUNDABLE business. Please check what service you will be receiving from MARZ FITNESS LLC. Once you check which plan you want you must agree to the following rules for each service offered. By submitting this form, I agree to allow Empower Fitness, LLC and affiliated parties, to design a weight management program for me to enhance my health and fitness goals. I will follow that program to the best of my ability and will not hold Empower Fitness, LLC or anyone related persons or parties personally liable for any problems, illnesses, or injuries that might occur due to a sudden change in my eating habits. I understand that Empower Fitness, LLC or my trainer is not a registered or licensed dietitian, nor medical practitioner. This weight management program does not replace expert advice or medical treatment of my own private doctor. I have given MARZ Fitness, LLC and all affiliated parties all necessary information about myself to prevent any possible complications.