Waiver: Fitness Training Consultation & Group Fitness

This is a legal document. Please read it completely. By scheduling a fitness training consultation or registering for a group fitness class, you are demonstrating your intention to be legally bound by this document.

Welcome to Muscles and Moxie, LLC! We’re excited to see you for your fitness training consultation or group fitness class. This Fitness Training Consultation and Group Fitness Waiver is required for all new clients and class participants. Please read it carefully and ask if you have any questions.

By scheduling or registering for a fitness consult or class, I represent that I am voluntarily agreeing to participate in an exercise program, including, but not limited to: strength training, flexibility development, and aerobic exercise and acknowledge and agree to this document. I alone assume responsibility for my participation and make the following assertions about my health:

• I am physically and mentally healthy, and I have no impairment, disease, infirmity, illness, or other condition that would be aggravated by my involvement in an exercise program or put me at risk of injury while participating in an exercise program.
• I have had a physical performed by a licensed physician within the past 12 months. My physician did not instruct me to abstain from exercise at that time, and no medical professional has advised me to abstain from exercise since that time.
• If any limitations impact my ability to exercise, I have provided written instructions from my physician regarding those limitations, and written verification from my physician that I am able to begin a fitness training program.
• I am not currently undergoing infertility treatments, and if I have undergone such treatments in the past 6 months, I have informed Muscles and Moxie, LLC of the date and on which my most recent stimulation cycle ended.
• If I am pregnant or if I have been pregnant in the past 6 months, my physician has explicitly cleared me for exercise. If my physician has given me exercise limitations, I have informed Muscles and Moxie, LLC of these limitations.
• If I have any artificial limbs or implants, I have informed Muscles and Moxie, LLC.

Privacy. I understand that Muscles and Moxie, LLC (“Trainer”) will make reasonable efforts to protect my privacy, but Trainer is not subject to medical privacy laws that protect the privacy of my health information.

Physical Activity May be Dangerous. I am aware that physical fitness activities, including the use of equipment, are potentially hazardous activities. I am aware that participating in these types of activities, even when properly completed and supervised, can be dangerous. I agree to follow Trainer’s verbal instructions. I am aware that potential risks include, but are not limited to: fainting, heartbeat disorders, serious injury to bones, joints, ligaments, muscles, tendons, and other aspects of the musculoskeletal system, serious injury or impairment to other aspects of my body, general health, and well-being, serious neck and spinal injuries that may result in complete or partial paralysis or brain damage, and death. Knowing these risks, I still wish to participate in training.

Risk of Use of Equipment. I understand that Trainer may make available to me equipment to be used in connection with my workouts, including, but not limited to: benches, dumbbells, barbells, and similar items. I acknowledge that, although Trainer takes precautions to maintain and inspect the equipment, any equipment can malfunction or cause potential injuries. I understand that I must also inspect and take sole responsibility for my use of any equipment. If Trainer performs any training at my home, condominium, apartment, or office gym or if I apply some of the techniques I learn in training at another gym or at home (“Off-Site Equipment”), I understand that Trainer has not inspected any Off-Site Equipment and has no knowledge of its condition. I take sole responsibility for my use of Off-Site Equipment. If I have a membership at a gym that is unaffiliated with Trainer, I will discuss my safety concerns with that facility prior to exercising in that facility.

My Use of Leased Space. Trainer may lease training space, and I understand that I waive all claims against the lessor for any injuries that occur while I am on the premises, both during the course or training, or otherwise. I also understand that my personal property may be unattended during training, and I agree to not bring any valuables with me into the training facility. I release Trainer and the facility from liability for any lost or stolen property.

Health Insurance. I understand that I am responsible for my own health insurance. I will maintain active health insurance throughout my entire period of participation with Trainer. I understand that training services are not covered by my health insurance, and I assume the expenses of these services.

Ongoing Training. At the end of this session or class, Trainer may offer me the chance to learn more about available training packages. I understand that I am under no obligation to purchase any future sessions from Trainer, nor is Trainer under any obligation to offer me an ongoing training package. Trainer will not provide me with ongoing fitness advice after this session or class unless I am a paying client.

Indemnification of Trainer. I hereby agree, on my behalf and on behalf of my successors and assigns, to defend, indemnify and hold Trainer, and its managers, members, officers, employees, shareholders, agents, customers, successors and assigns and its parent, affiliates and direct and indirect subsidiaries, if any (“Trainer Indemnified Parties”) harmless, from and against any and all liabilities, causes of action, damages, losses, demands, claims, penalties, judgments, costs and expenses (including, without limitation, reasonable attorneys’ fees and related costs) of any kind or nature whatsoever that may be sustained or suffered by Trainer Indemnified Parties in any way relating to, arising out of or resulting from (i) my negligence or willful misconduct or the negligence or willful misconduct, (ii) any breach by me (or my successors and assigns) of any of my representations, warranties, covenants, obligations or duties as in this document, (iii) while I exercising on- or off-site, with or without Trainer, or while I travel to or from training sessions, and (iv) my failure to comply with any law, statute, ordinance, rule or regulation in my conduct. These forgoing clauses apply to any and all activities occurring throughout the entire time period during which I am receiving personal training services from Trainer, even if there are temporal gaps between our sessions or if I am taking a break from training.

My scheduling or registering to participate in a fitness consultation or class demonstrates my intention to be legally bound by this document, my understanding that this document is a complete waiver and disclaimer in favor of Trainer, and knowing so, I voluntarily agree to participate.

NOTE: IF PARTICIPANT IS A MINOR, MUSCLES AND MOXIE, LLC MUST RECEIVE A SIGNED MINOR TRAINING ADDENDUM.