Client Training Release

CLIENT TRAINING RELEASE

This Release is entered into by the undersigned (“Client”), through the purchase of training sessions, whom has agreed to participate voluntarily in a program of physical exercise, including, but not limited to, strength training, muscle building, weight loss, flexibility development, and aerobic exercise (“Training”), under the guidance of Vanetta Drummer-Fenton (“Trainer”) on behalf of But I’m Strong, LLC  (“Company”).

POTENTIAL RISKS

Training Activities:

Client is specifically aware that all activities associated with receiving personal training instruction from Trainer including, but not limited to activities involving aerobic exercise, stretching exercise, running and weight lifting, as well as additional strenuous exercise and/or exertion of strength, and other sustained physical activities can place stress on the cardiovascular and muscular systems, and can be hazardous activities that include certain risks and dangers, including but not limited to, muscle soreness, cramping strains and sprains, broken bones, minor and catastrophic injuries, including ruptures, organ failures, paralysis and death.

Training Equipment:

Client understands and is aware that the use of exercise equipment, is a potentially hazardous activity. Client represents and warrants that any and all Equipment Client provides for training sessions (“Client Equipment”) has not been inspected by Trainer whom has no knowledge of its condition.  Client therefore, takes sole responsibility for Client Equipment.  Client further understands and acknowledges that although Trainer takes precautions to maintain the equipment provided by Trainer (“Trainer Equipment”), (Trainer Equipment and/or Client Equipment collectively “Training Equipment”) injuries may occur as a result of negligent or improper use of Training Equipment or from any malfunction of the Training Equipment as a result of any and all defects, latent or apparent, in the design or condition of the Training Equipment.  Such injuries that may occur can include but not be limited to, muscles soreness, strains and sprains, broken bones, minor and catastrophic injuries, including ruptures, organ failures, paralysis and death.

DIET AND NUTRITION

At Client’s request, Trainer will provide dietary and nutritional counseling to Client.  Client herein acknowledges that Trainer is not a licensed dietician, physician or psychologist, and the scope of her nutrition counseling does not include treatment or diagnosis of specific illnesses, disease or disorders.  Further, Trainer makes no representations, claims or guarantees regarding   the efficacy of            Trainer’s recommendations as they are based upon a         combination of her     nutrition and health coaching,           education, knowledge and personal information provided by Client. Trainer’s dietary and nutritional guidance does not constitute a medical service or health care treatment and Client understands that it is their responsibility to consult with a physician prior to starting a nutrition and fitness program.

MEDICAL

Medical Examinations and Physician Consultation:

Because physical exercise and change of diet can be strenuous and subject to risk of serious injury, Trainer and Company urge Client to obtain a physical examination from a physician and/or consult a physician before using any Training Equipment, participating in any Training, or following any recommendations for changes in diet including the use of vitamins, food supplements, weight reduction and/or body building enhancement products.

By signing this Release, Client acknowledges that Client has been advised to submit, at Client’s own expense and time, to a medical examination to ensure Client, and assume Client’s own responsibility of physical fitness and capability to perform under the normal conditions of the Training, and that Client is physically fit for Training as tested by a medical examination. 

Client further acknowledges that Client has been informed of the need for a physician’s approval for Client’s participation in an exercise/fitness activity or in the use of Training Equipment.  Client recognizes that it is Client’s sole responsibility to obtain an examination by a physician prior to involvement in any exercise program and alert Trainer at any time prior to, during or after Training if Client has any pre-existing or is suffering from of any current condition, pain, ailment, impairment, disease, infirmity, or other illness that would prevent Client from proceeding with purchased training sessions at any given time.

Client acknowledge and represents that Client has either had a physical examination and has been given physician’s permission to participate, or if Client have chosen not to obtain a physician’s permission prior to beginning of the Training and each training session with Trainer, Client is doing so on Client’s own volition and understanding of Client’s current physical and mental conditions.  By signing this Release and proceeding with every training session, Client represents that Client is physically and mentally suitable condition to proceed with the Training.

ASSUMPTION OF RISK, WAIVER AND RELEASE

Client agrees that by engaging in any physical exercise or activity, including the Training, Client is doing so voluntarily and at Client’s own risk, and assumes the risk of any and all injury and/or damages that Client may suffer from the Training and use of Training Equipment included but not limited to the potential injuries outlined above.  

By enrolling in this training session Client certifies that Client is cognizant of all of the inherent dangers of physical fitness, therapy and Training described herein.  Client acknowledges and agrees that no warranties or representations have been made by Trainer regarding the results Client will achieve from the Training.  Client understands that results are individual and may vary. 

Although Trainer will take precautions to ensure Client’s safety and achievement of training goals, Client expressly assumes and accepts sole responsibility for Client’s safety and for any and all injuries.  Additionally, Client agrees to release and discharge Trainer and Company from any and all claims or causes of action for injuries or damages (known or unknown) incurred by Client during Training, to the extent that they are not arising out of the intentional acts or gross negligence of Trainer or Company. This is including but not limited to all risks connected therewith, whether foreseen or unforeseen.  Client further agrees to save and hold harmless the Trainer and Company from any claim by Client, or Client’s family, estate, heirs, or assignees, arising out of Client’s Training.

WHEREFORE IN CONSIDERATION OF THE ABOVE:

I acknowledge I have thoroughly read this waiver and release and fully understand it is a waiver and release of liability and that the terms of this Release is intended to apply to any and all activities occurring during the time for which I have contracted with Trainer.  I represent and warrant that I am signing this agreement freely and willfully and not under fraud or duress.

I further state that I am of lawful age and legally competent to sign this aforementioned release; that I understand that the terms herein is contractual and not a mere recital; and that I am  signing this document as my own free act.