WAIVER OF LIABILITY, ASSUMPTION OF RISK & RELEASE AGREEMENT
This agreement is entered into by and between the undersigned participant ('Client') and Evolvfitt Kelly Killingsworth / Mercedes Davis. By signing below, Client agrees to the following terms:
1. Voluntary Participation
I understand that my participation in the No Excuses 6-Week Hybrid Strength + Somatic Pilates Program, including live Zoom sessions, recorded classes, coaching calls, and related fitness activities, is voluntary and at my own risk.
2. Assumption of Risk
I acknowledge that participation in physical exercise, including strength training, Pilates, mobility work, and somatic movement, involves inherent risks. These risks include, but are not limited to, muscle soreness, strain, sprains, injury, aggravation of pre-existing conditions, dizziness, falls, illness, or other unforeseen consequences. I voluntarily assume full responsibility for all such risks.
3. Medical Acknowledgment
I affirm that I am physically and mentally capable of participating in this program. I understand it is my responsibility to consult a physician prior to beginning if I have any medical conditions, injuries, disabilities, pregnancy, or concerns regarding my ability to safely participate.
4. Remote Training Acknowledgment
I understand that this program is delivered remotely via Zoom. The Trainer cannot provide hands-on correction or physical assistance. I agree to exercise responsibly in my home environment, follow instructions carefully, modify movements as needed, and immediately stop any activity that causes pain, dizziness, or discomfort.
5. Release of Liability
To the fullest extent permitted by law, I hereby release, waive, discharge, and covenant not to sue Evolvfitt, Mercedes Davis, contractors, affiliates, employees, or representatives from any and all liability, claims, demands, or causes of action arising out of or related to my participation in this program, except in cases of gross negligence or intentional misconduct.
6. No Guarantee of Results
I understand that results vary from person to person and no guarantees have been made regarding specific physical, aesthetic, or performance outcomes.
7. Cancellation & No Refund Policy
I understand that due to the digital and live nature of this program, all sales are final. No refunds, credits, or transfers will be issued once payment has been submitted.
8. Media & Recording Release
I understand that live Zoom sessions may be recorded for replay access and educational or promotional purposes. I grant permission for my likeness to appear in recordings or screenshots. If I do not wish to be featured publicly, I understand it is my responsibility to notify the Trainer and keep my camera off during live sessions.
9. Indemnification
I agree to indemnify and hold harmless Evolvfitt and its representatives from any loss, liability, damage, or costs that may arise due to my participation in this program.
10. Binding Agreement
By signing below, I certify that I have read, understood, and voluntarily agree to all terms outlined in this document. I understand this is a legally binding agreement.