Waiver of Liability-Offsite Training/Event/Online Training
This Agreement is entered into between Be Fab - Be You LLC ("Studio") and the undersigned (“Client”). The provision of fitness training (group, 1-1, duets) offered virtual/online (live and/or pre-recorded) (“location”) by Studio 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 personal training, or enter our premises or use any facility or equipment on our premises for any purpose, 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 Studio or otherwise, including injuries or damages arising out of the negligence of Studio, whether active or passive, or any of Studio’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), sidewalks, parking lots, stairs, various outdoor environments, 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, 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 Studio or otherwise. If you are engaged in online training, you acknowledge that you are not being monitored by any trainer and that there is no liability to the trainer, facility or studio if there is an injury sustained.
Additional Assumptions of Risk for Participants Under 18
You agree to be present and supervising your child during virtual/online classes by Studio. You willingly assume full responsibility for any and all risks to which I am exposing your child as a result of his/her participation in Be Fab – Be You LLC group online fitness programs/classes and accept full responsibility for any injury or death that may result from participation in any activity, class or physical fitness program. You hereby certify that I know of no medical problems that would increase your child’s risk of illness and injury as a result of participation in a fitness program designed by Be Fab – Be You LLC. With your full understanding of the above information, you agree to assume any and all risk associated with your child’s participation in Be Fab – Be You LLC programs/classes. By signing this document, you acknowledge that you have voluntarily chosen to participate in a program of progressive, physical exercise. By signing this document, you acknowledge being informed of the strenuous nature of the program and the potential for unusual, but possible, physiological results including, but not limited to, abnormal blood pressure, fainting, heart attack, or death. By signing this document, you assume all risk for my child’s health and well-being and hold harmless therefrom Be Fab – Be You LLC, as well as its owners, employees, and other authorized agents including independent contractors. You understand that questions about exercise procedure and recommendations are encouraged and welcome.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Studio (and Studio’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 Studio, whether active or passive, or any of Studio ’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 fitness/personal training/classes, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of premises or while traveling to or from personal training, including injuries resulting from Studio’s or anyone else’s negligent inspection or maintenance of the facility or premises, (e) training you undertake that is online only without the supervision of a trainer.
The trainer will provide step by step instruction on completing the exercise in a safe manner but cannot monitor you while you are completing these exercises. If you are unable to complete the exercise due to physical limitation or lack of understanding DO NOT attempt. If you do attempt, you will be liable for any injury sustained.
Additional Waiver/Release for Participants Under 18
You fully understand that your child’s personal exercise program may be strenuous and you choose to have your child participate with your close supervision at the location you have chosen exercises to be performed. You accept all responsibility for your child’s health and any results, injury or mishaps that may affect his/her well-being or health in any way. You waive any claims, demands, causes of action or any claims for relief whatsoever against, and release Be Fab – Be You LLC (as well as any of its owners, employees, or other authorized agents, including independent contractors) from any and all liability, claims and/or causes of action that you may have for injuries or other damages, arising out of participation in Be Fab – Be You LLC activities, including, but not limited to the fitness training/nutritional programs and programs/classes.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk agreement is intended to be as broad and inclusive as permitted by the law in the State of Georgia and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. 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. 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 Studio or Studio’s negligence, or for any defective product used while receiving personal training from Studio. 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.
By signing this waiver for your minor children, listed below, you understand it obligates you to indemnify the parties names for any liability for injury or death of any person and/or damage to property caused by your and your child's negligent or intentional act or omission.