ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND
INDEMNITY AGREEMENT
DECLARATIONS: This Agreement is entered into between SigginsTraining 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 RISK: You agree that if you engage in any physical exercise or
activity, including online training 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, locker
rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, 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, aquatic activities, tennis, basketball, volleyball, racquetball, 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) from any and all claims or causes of action (known or
unknown) arising out of the negligence of Trainer, whether active or passive, or any
of Trainer’s affiliates, 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 exercise 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 falling 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.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify
and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur
due to the provision of personal training by Trainer to you.
ACKNOWLEDGMENTS: 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.
You acknowledge that Trainer offers a service to his/her clients encompassing the
entire recreational and/or fitness spectrum. Trainer is not in the business of selling
weightlifting equipment, exercise equipment, or other such products to the public,
and the use of such items is incidental to the service provided by Trainer.
You acknowledge and agree that Trainer does not place such items into the stream
of commerce. This release is not intended as an attempted release of claims of gross
negligence or intentional acts. You acknowledge that you have carefully read this
waiver and release and fully understand that it 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 a legal action or assert a claim against trainer for trainer’s
negligence, or for any defective product used while receiving personal or online training from
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.