Client Agreement and Waiver of Liability

1. Katie Stauffer Training, LLC (Trainer) is an in person/online personal training and coaching service provider.
2. I, {clientName}, have requested Trainer to conduct personal fitness training and coaching sessions either online, in my home, or at a mutually agreed upon location.
3. Katie Stauffer or I will provide equipment to be used in connection with our workouts and coaching sessions.
4. I have complete control over the area in which we will perform our workouts and coaching sessions.

For and in consideration of the foregoing premises and for the express contention of carrying out the purposes of a personalized at-home fitness training program, the parties do hereby agree as follows:

I, {clientName}, through the purchase of training or coaching sessions or programs, have agreed to participate voluntarily in a program of physical exercise and/or nutrition and habit coaching, including, but not limited to, strength training, flexibility development, aerobic exercise and habit and nutrition changes (“Activities”), under the guidance of Katie Stauffer Training, LLC, its authorized agents, employees, and contractors (“Trainer”).

I understand that Trainer is not acting in the capacity of a medical doctor, licensed dietician or physical therapist and that any advice given by Trainer is not meant to
take the place of advice by these professionals.  I understand that if I am under the care of a health care professional or currently use prescription medications, I should discuss any dietary changes or potential dietary supplements use with my health care professional, and should not discontinue any prescription medications without first consulting my health care professional. Personal training and coaching is not a substitute for medical attention, examination, diagnosis, or treatment.

For any session with Trainer, I understand that any arrival to a session/call after 15 minutes of the scheduled time will be considered a “no-show” and the session will be forfeited. Regardless of starting time all sessions will end at the predetermined time.

I declare myself physically and mentally sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in training or coaching sessions or my use of any personal training tools or equipment (Equipment). I acknowledge I have been informed of the need for a physician’s approval for my participation in an exercise/fitness activity or in the use of Equipment. I recognize it is my sole responsibility to obtain an examination by a physician prior to involvement in any exercise program. I acknowledge I have either had a physical examination and been given my physician’s permission to participate, or if I have chosen not to obtain a physician’s permission prior to beginning this exercise program with Trainer, I acknowledge I am doing so at my own risk.

I understand and am aware that Activities, including the use of Equipment, are potentially hazardous activities. I acknowledge the possibility that injuries and physical and mental changes (“Injuries and Changes”) arising during and/or resulting from engaging in Activities does exist. Injuries and Changes include, but are not limited to, abnormal blood pressure, fainting, disorders in heartbeat, heart attack, and, in some instances, death. I understand Injuries and Changes could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life.

I am voluntarily participating in Activities and using Equipment with knowledge of the dangers involved. I understand and take sole responsibility for any and all Injuries and Changes that may occur to myself and/or others, including but not limited to Trainer, related to any and all Activities associated with Trainer’s instruction, even if not specifically set forth in this document, whether or not they fall within the scope of reasonably foreseeable injuries related to such Activities, and whether or not undertaken in Trainer’s presence. Although Trainer will take precautions to ensure my safety, I expressly assume and accept sole responsibility for my safety and for any and all Injuries and Changes that may occur.

In consideration of Trainer’s agreement to instruct, assist, train me and coach me, I hereby agree to hold harmless Trainer, its respective representatives, executors, agents, and assigns from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected to my participation in any and all Activities, use of Equipment, or any and all acts or omissions, including negligence by Trainer and his representatives. This waiver and release of liability includes, but is not limited to, (a) Injuries and Changes to myself and/or others, including but not limited to Trainer, that may occur as a result of (i) Equipment that may malfunction or break; (ii) any and all defects, latent or apparent, in the design or condition of Equipment; (iii) any and all slips, falls, or dropping of Equipment; (iv) any and all improper maintenance of Equipment or facilities; (v) any hazardous condition that may exist on the premises, including, but not limited to, the specific workout area; and (vi) Trainer’s negligent instruction or supervision; (b) damage to property, including but not limited to, Equipment and the premises.

This agreement is intended to be interpreted as broad and as inclusive as permitted by the laws of Virginia to relieve Trainer, and all others associated in any way with Trainer, from all liability for any and all claims for damages due to injury or property loss based on any legal theory.

I understand and accept that my image, comments, likeness, accomplishments, goals, and challenges I overcame may be used by Trainer and that I am not entitled to any compensation for such use. I reserve the right to have the aforementioned remain private by submitting such a request within 15 business days of signing this agreement. I understand that my image and voice may be recorded/captured during calls, online sessions, and in person.

I acknowledge that achieving results from working with the Trainer requires my active participation. I understand that outcomes may vary and that purchasing a program does not guarantee specific results.

I recognize that the Trainer is dedicated to assisting me in identifying and accomplishing my goals to the best of their ability, and I agree to take action on the agreed-upon steps and goals. I accept responsibility for my progress in the program(s).

For those purchasing a Personal Training Session Package:

I acknowledge that I am purchasing a package of personal training sessions and agree to pay the mutually agreed upon amount for the determined number of sessions promptly.

Upon completion of my package, I have the option to renew with the same or a different number of sessions, or switch to an ongoing program package.

All sessions in the package must be used within 6 months of purchase date, or they will be forfeit. A request to hold may be submitted in writing for consideration. No refunds will be provided for unused sessions.

 
For those purchasing a Coaching or Other Program Package:

I acknowledge that I am purchasing a program of set duration, and agree to pay the mutually agreed upon amount promptly.

All available sessions must be completed within the agreed upon timeframe of the program or they will be forfeit. No refunds will be provided for unused sessions.

Monthly App Subscription

If applicable, I acknowledge that, as part of my engagement with Trainer, I am purchasing ongoing access to the program and the Trainer through Trainer’s app, and agree to be charged monthly the mutually agreed upon amount, and to pay billed amount promptly each month until completion of the program, or until I have submitted my request to end the program. All requests must be received 2 weeks in advance of the next billing cycle in order to avoid being charged for the next cycle.

My next payment will be due one month from the execution date of this agreement.

I acknowledge and agree no warranties or representations have been made to me regarding the results I will achieve from this program. I understand results are individual and may vary.

I acknowledge I have thoroughly read this waiver and release and fully understand it is a waiver and release of liability. By signing this document, I am waiving any right I, or my heirs and/or assigns, may have to bring any and all legal actions or assert any and all claims against Trainer, its respective representatives, executors, and/or assigns.

I represent and warrant I am signing this agreement freely and willfully and not under fraud or duress. I further represent and warrant no social relationship exists between Trainer and me, or if such a social relationship exists, for purposes of my training sessions, Trainer and I have assumed a strict business relationship, and I understand any social relationship does not render this waiver invalid. These exculpatory clauses are intended to apply to any and all activities occurring during the time for which I have contracted with Trainer.