Please read this form carefully. It affects your legal rights.
This document must be signed by all participants ("Participant"). "Participant" includes both adults and minors (participants under the age of 18). If a Participant is a minor, at least one parent or legal guardian must also sign this document. Do not sign this form without reading and understanding it. If you have any questions, please ask before signing.
As used in this agreement (hereinafter "Agreement"), "Five Miles Further" means Five Miles Further, its owners, directors, officers, employees, instructors, agents, volunteers, contractors, and affiliated entities (collectively, the "Released Parties").
This Agreement governs Participant's enrollment in and participation in virtual, remote, or online fitness instruction sessions provided by Five Miles Further, whether delivered one-on-one or in a group format (the "Sessions"), conducted via video conferencing or other remote means, wherever Participant is physically located at the time of a Session.
1. Nature of the Program and Inherent Risks
I understand that Five Miles Further provides virtual/remote fitness instruction, which may include strength training, conditioning, mobility work, and related physical exercise guidance delivered by an instructor who is not physically present with me (the "Program").
I understand and acknowledge that the Program has inherent risks. Inherent risks are those which cannot be eliminated without destroying the unique character of the Program. The following describes some, but not all, of the inherent risks of the Program:
- Physical Exertion Risks: Musculoskeletal injuries including strains, sprains, fractures, dislocations, and joint or tendon injuries. Overexertion, dehydration, dizziness, fainting, or loss of balance.
- Cardiovascular and Medical Risks: Cardiac events, including but not limited to abnormal heart rhythm, heart attack, or other cardiovascular incidents that may occur during or after physical exertion, particularly where an undisclosed or unknown pre-existing condition is present.
- Remote Instruction Risks: Because the instructor is not physically present, Participant will not receive hands-on spotting, physical correction, or immediate physical intervention. Risk of injury from misapplication or misunderstanding of instruction, exercises performed with improper form, or delayed correction of technique.
- Technology Risks: Video or audio lag, disconnection, or other technology failure occurring during a Session, including at moments when timely communication may be relevant to Participant's safety.
- Participant's Environment Risks: Hazards present in Participant's own exercise space, including but not limited to inadequate space, flooring conditions, low clearance, furniture or objects, pets, other people, and other hazards not known to or controlled by Five Miles Further.
- Equipment Risks: Failure, malfunction, improper use, or inadequate maintenance of Participant's own equipment, or equipment otherwise not supplied, inspected, or maintained by Five Miles Further.
- Emergency Response Risks: Because instruction is delivered remotely, Five Miles Further personnel are not physically present to render first aid, physical assistance, or to summon local emergency services on Participant's behalf. Any delay inherent in remote recognition of a medical event or in Participant's own access to local emergency care.
- Medical and Health Risks: Pre-existing medical conditions (disclosed or undisclosed) being aggravated by the Program.
- Negligence: Potential for my own negligence and/or the negligence of others, including other participants or Released Parties (subject to the limitations in Section 3 below).
- Instruction Risks: Misinterpretation of instructions, communication difficulties, and risks inherent in learning and practicing new physical skills or movement patterns.
I understand that the description of risks above is not complete and that other unknown or unanticipated risks, inherent and otherwise, may result in injury, illness, or death.
2. Acknowledgment and Assumption of Risk
I acknowledge that my (or the minor Participant's) participation in the Program is purely voluntary. I wish to (or have the minor Participant) participate despite the risks. I acknowledge that I have been informed of the nature of the Program and its risks.
I acknowledge and assume the inherent risks described above and all other inherent risks associated with the Program. I also expressly assume ALL other risks associated with my (or the minor Participant's) participation in the Program, whether inherent or not, and whether described above or not, including risks arising from the ordinary negligence of the Released Parties (subject to the limitations in Section 3 below).
3. Release, Waiver, and Indemnification
In consideration for being permitted to participate in the Program, I, for myself, and on behalf of my spouse, heirs, assigns, personal representatives, and next of kin, hereby agree as follows:
- Release and Waiver: I hereby release, waive, discharge, and covenant not to sue the Released Parties from any and all liability, claims, demands, losses, actions, and causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me (or the minor Participant), or to any property belonging to me (or the minor Participant), arising out of or related to my (or the minor Participant's) participation in the Program.
- Scope of Release: This release includes claims based on the ordinary negligence of any Released Party. This release does not extend to, and Participant does not waive, claims for gross negligence, recklessness, willful or wanton misconduct, or intentionally tortious conduct by a Released Party. Participant further acknowledges that certain states, including California, do not permit contractual waiver of liability for gross negligence, and nothing in this Agreement is intended to attempt such a waiver.
- Indemnification: I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, suits, actions, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) brought by or on behalf of myself, the minor Participant (if applicable), my spouse, heirs, assigns, personal representatives, next of kin, or any other person, arising out of, related to, or in any way connected with my (or the minor Participant's) injury, death, property damage, or any other loss resulting from my (or the minor Participant's) participation in the Program, or caused by me (or the minor Participant). This indemnity obligation includes claims based on the ordinary negligence of a Released Party, but does not require indemnification for claims arising from gross negligence, recklessness, or willful misconduct by a Released Party.
4. Health, Fitness, and Medical Acknowledgment
I certify that I (or the minor Participant) have no past or current physical or psychological condition that might affect my (or the minor's) safe participation in the Program, other than as described on any health/medical intake form submitted to Five Miles Further. I certify that I am (or the minor is) physically and mentally capable of participating in the Program. I acknowledge that responsibility for determining the suitability of the Program rests with the Participant, guided by their physician, and I agree to inform Five Miles Further immediately if conditions change or if I feel unable to safely continue a Session.
I understand that because instruction is delivered remotely, Five Miles Further personnel cannot render physical first aid, hands-on assistance, or in-person emergency care during a Session. I acknowledge that I am solely responsible for maintaining a safe environment, for having appropriate emergency contact information and local emergency services accessible during each Session, and for seeking prompt local medical attention as needed. I agree to be solely responsible for any and all medical costs incurred on my (or the minor Participant's) behalf arising from participation in the Program.
5. Participant Environment and Equipment
I agree that I am solely responsible for selecting and maintaining a safe physical space in which to participate in Sessions, including adequate clearance, stable flooring, and freedom from hazards. I agree that I am solely responsible for the condition, suitability, and proper use of any equipment I use during a Session, whether owned by me or otherwise not supplied by Five Miles Further. Five Miles Further is not responsible for loss, theft, or damage to Participant's personal belongings or equipment.
6. Participant Conduct
I agree to follow instructions given by Five Miles Further staff and to stop a Session immediately if I experience pain, dizziness, or any other symptom that may indicate a health risk. Five Miles Further reserves the right to remove any Participant from the Program if their conduct is deemed by Five Miles Further, in its sole discretion, to endanger themselves or others, or to be incompatible with a Session. No refund will be provided in such circumstances.
7. Media and Promotional Release
By choosing "I consent..." below, I hereby grant Five Miles Further permission to use, without limitation or compensation, any recordings, screenshots, or other media record of my (or the minor Participant's) participation in the Program for any legitimate purpose, including promotional materials, advertising, websites, social media, publications, or other marketing purposes. I waive any right to inspect or approve the finished product wherein my (or the minor Participant's) likeness appears. I agree that all such media are the property of Five Miles Further and waive any rights of privacy or compensation associated with their use.
8. Governing Law and Jurisdiction Disclosure
Because the Program is delivered virtually to Participants located in various states, this Agreement does not assert that the law of any single state governs all terms of this Agreement. To the maximum extent permitted, this Agreement shall be interpreted under the laws of the state in which Participant resides and/or is physically located at the time of the applicable Session, without regard to conflict-of-laws principles.
Participant acknowledges and understands that the enforceability of the release, waiver, and indemnification provisions of this Agreement may vary depending on Participant's state of residence or location at the time of a Session, and that some states limit or do not permit contractual waivers of liability for negligence in certain contexts. Nothing in this Agreement is intended to waive any protection against gross negligence, recklessness, or willful misconduct available to Participant under the law of any applicable jurisdiction, including the protections of California Civil Code Section 1668 where applicable.
9. General Provisions
- Severability: If any part or portion of this Agreement is found to be void, invalid, or unenforceable under the law of the applicable jurisdiction, the remaining portions shall continue in full legal force and effect. The intent is to uphold this Agreement to the maximum extent permitted by law.
- Attorney's Fees: If Five Miles Further incurs attorney's fees or costs to enforce this Agreement (whether or not a lawsuit is filed), I agree to indemnify Five Miles Further for all such reasonable fees and costs, to the extent permitted by applicable law.
- Entire Agreement: This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes any prior discussions, representations, or agreements. This Agreement may only be modified in writing and signed by both the Participant (and parent/guardian if applicable) and an authorized representative of Five Miles Further.
10. Acknowledgment of Understanding
I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT (SECTIONS 1–10). I FULLY UNDERSTAND ITS TERMS AND CONDITIONS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR ORDINARY NEGLIGENCE. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT, DURESS, OR UNDUE INFLUENCE.