I have volunteered to participate in online fitness training provided to me by Performance is Haapanen LLC (including its employees, agents, volunteers, instructors, representatives, and members (collectively, “Trainer”). In consideration of Trainer’s agreement to instruct and train me and to allow me to participate in Activities (as defined below), on this Waiver, Release, and Assumption of Risk form (this “Release”), I irrevocably and unconditionally agree for myself and my heirs, estate, insurers, successors, and assigns as follows:
Acknowledgement and Assumption of Risk. I understand that “Activities” may include, but may not be limited to, rigorous and challenging physical training, cardiovascular and aerobic conditioning. I understand that these Activities are not medically supervised and are designed for people in good physical condition who have no physical or psychological medical conditions or risks. I agree that I have not been given any medical advice about my abilities to participate in Activities, and agree that Trainer is not qualified to give me medical advice, before or after I sign this form, about my abilities to participate in activity. I represent that I am in good physical condition and that I do not suffer from any disability or medical or other condition that may jeopardize my health or safety, or the health and safety of other as a result of participation in Activities. I understand that I am solely responsible for assuring that my physical conditioning, skills and equipment are adequate for me to participate safely in Activities. I understand that Trainer has no obligation to provide medical care, and has not undertaken the responsibility to do so.
Release from Liability. In consideration of Trainer’s agreement to instruct and train me, I do here now and forever release and discharge and hereby hold harmless Trainer and its respective employees, agents, volunteers, instructors, representatives, members, heirs, and assigns (the “Released Parties”) from any and all injuries (including death), losses, claims (including negligence), demands, damages, rights of action or causes of action, expenses, and any other liability of any kind, present or future, of or to me, my property, or any other person directly or indirectly arising out of or connected with my participation in any and all Activities, including, but not limited to, any exercise program and dietary recommendations, even if it is due to the negligence or other fault of the Released Parties.
THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF (1) EQUIPMENT BELONGING TO TRAINER OR TO MYSELF OR MY WORK FACILITY THAT MAY MALFUNCTION OR BREAK; (2) ANY SLIP, FALL, DROPPING OF EQUIPMENT; (3)DIETARY SUGGESTIONS; (4) AND/OR NEGLIGENT INSTRUCTION OR SUPERVISION.
Covenant Not to Sue. I will not initiate any lawsuit, court action, or other legal proceeding against the Released Parties, nor join or assist in the prosecution of any claim for money damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me or others in connection with my participation in or attendance at any or all Activities, and I waive any right I may have to do so. This means that I cannot sue to hold the Released Parties responsible for any injuries, losses, or damages that I may experience related to Activities, even if due to the negligence or other fault of the Released Parties. I waive my insurers' right to make a claim against the Released Parties based on payments by insurers to me or on my behalf for any reason. This means that my insurers have no right of subrogation against the Released Parties. If any portion of this Covenant Not to Sue is held to be invalid or unenforceable, I agree that the venue of any lawsuit shall be Denver, Colorado, and that, irrespective of any otherwise applicable choice-of-law statute, law or provision, Colorado statutory and substantive law shall apply to any such lawsuit.
Indemnity. I will hold harmless, indemnify, and reimburse the Released Parties from and for any sums, costs, or expenses (including attorney fees) incurred by any of the Released Parties or paid by them to any person (including me or my insurers) in connection with any accident, injury (including death), loss, or damage sustained by me or others in connection with my attendance at or participation in the Activities, including transportation related to Activities. This means that I will reimburse the Released Parties if anyone makes a claim against them based on injuries, losses or damages I may suffer.
Health and Information Representations. I have been informed of, understand and am aware that any exercise 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 including, but not limited to, abnormal changes in blood pressure, fainting, discomfort in breathing, and a remote risk of heart attack, stroke, other serious disability or death. I also understand that participation in Activities may create a risk of injury to my bones, muscles and connective tissue, back injuries, soreness and other physical injuries, 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, or death.
Physical Examination Representations. I have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program if any of the following apply; are 69 years of age or older; is 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 Activities in which I participate. I affirm that I am in good physical condition and do not suffer from any disability that would prevent or limit participation in any activity.
Legal Nature of this Document. This form is an important legal document that explains the risks you are assuming by beginning an exercise program. 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 clicking the accept button. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.
I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS FORM IN ITS ENTIRETY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I understand that I cannot terminate, cancel, or revoke this Release for any reason.