I, {participantsName}, have volunteered to participate in a fitness program (the“Fitness Program”) provided to me by Happy Hour Fitness, LLC (“Trainer”), which may include, is not limited to, resistance training, use of weights or other weighted objects, aerobic or cardiovascular exercise, group classes, and remote instruction during which Trainer may not be able to see me. In consideration of my participation in the Fitness Program, I do here now and forever release and discharge and hereby hold harmless Trainer and herrespective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights ofaction or causes of action, present or future, arising out of or connected with my participation in the Fitness Program and including any injuries or illnesses resulting there from.
THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, ILLNESS AND INJURIES THAT MAY OCCUR AS A RESULT OF (1) EQUIPMENT THAT MAY MALFUNCTION OR BREAK; (2) SLIP, FALL, OR DROPPING OF EQUIPMENT; (3) NEGLIGENT INSTRUCTION OR SUPERVISION; (4) PARTICIPATION IN THE FITNESS PROGRAM IN A GROUP OR IN-PERSON SETTING WITH OTHER PEOPLE WHO MAY KNOWINGLY OR UNKNOWINGLY HAVE OR BEEN EXPOSED TO ANY INFECTIOUS OR COMMUNICABLE DISEASES, INCLUDING BUT NOT LIMITED TO ANY STRAIN OF INFLUENZA, COVID-19, ANY CONDITIONS ARISING OUT OF EXPOSURE TO THE NOVEL CORONAVIRUS THAT CAUSES COVID-19, OR ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASES; AND (5) MY CORRECT OR INCORRECT PERFORMANCE OF ACTIVITIES INCLUDED IN FITNESS PROGRAM.
I have been informed of, understand and am aware that any exercise program, including the Fitness Program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity. I also have been informed of, understand and am aware that any exercise and/or fitness activities involve a risk of injury, as well as abnormal changes in blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability or death, and that I am voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury, regardless of severity, and death.
I understand and agree that other participants in the Fitness Program, including but not limited to Trainer, may knowingly or unknowingly have or been exposed to and therefore could transmit any number of communicable diseases, including but not limited to any strain of influenza, Covid-19, or other communicable or infectious diseases. I agree that I am voluntarily participating in Fitness Program with the full knowledge, understanding, and appreciation of the dangers involved. I agree to expressly assume and accept any and all risks of injury or illness, regardless of severity, and death.
I further agree to and understand that as part of this fitness program, it may be beneficial for the Trainer occasionally to physically move, manipulate, or otherwise touch me during our training to help me better understand and achieve my fitness goals. I hereby consent to such physical contact and I understand that it is appropriate in the context of this fitness program.
I have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed. If I have chosen not to obtain a physician’s consent prior to beginning this fitness program with Trainer, I hereby agree that I am doing so solely at my own risk. In any event, I acknowledge and agree that I assume the risks associated with any and all fitness related activities and/or exercises in which I participate.
I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS FORM IN ITS ENTIRETY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. BY SIGNING THIS DOCUMENT, I AM WAIVING ANY RIGHT I OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST TRAINER.
This form is an important legal document that explains the risks you are assuming. It is critical that you have read and understand this document completely. If you do not understand any part of this document, it is your ultimate responsibility to ask for clarification prior to signing it. You have the right to consult an attorney prior to signing.
I understand and agree that this waiver, release and assumption of risk acknowledgment will remain in effect into the future for as long as I participate in any fitness program offered by Happy Hour Fitness, LLC.