This Agreement is entered into between Off Day Trainer, Inc., DBA Vitality Corporate Fitness (“Coach”) and the undersigned (“Client”). The provision of group fitness training at their own home (“location”) by Coach 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 use any facility or equipment 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 Coach or otherwise, including injuries or damages arising out of the negligence of Coach, whether active or passive, or any of Coach’s affiliates, corporate clients, 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, 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 Coach or otherwise. If you are engaged in online or remote training, you acknowledge that you are not being monitored by any trainer and that there is no liability to the trainer, facility or Coach if an injury is sustained.
RELEASE: You agree, on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Coach (and Coach ’s affiliates, related entities, corporate clients, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Coach, whether active or passive, or any of Coach ’s affiliates, corporate clients, 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 premises or while traveling to or from personal training, including injuries resulting from Coach’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.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, and assumption of risk agreement is intended to be as broad and inclusive as permitted by the law in the State of California 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, and an express assumption of risk. You are aware and agree that by executing this waiver and release, you are giving up your right to bring legal action or assert a claim against Coach or Coach ’s negligence, or for any defective product used while receiving personal training from Coach . 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.
SMS/TEXT MESSAGING OPT-IN: You consent to receive text messages from Coach or others acting on the Coach’s behalf. As part of this consent, You represent and warrant the following:
1) The Coach or others acting on the Coach’s behalf may send text messages in various formats and with various contents, including but not limited to, text messages about health, fitness, diet and other motivational and inspirational support.
(2) You are the owner or authorized user of the mobile phone number identified. You will notify us immediately if you are no longer the owner or authorized user of the mobile phone number identified.
(3) You are solely responsible for any message and data charges associated with such text messages.
(4) You have received, have read, and understand the text messaging terms and conditions provided by the Coach. By signing this opt-in form, you agree to comply with the terms and conditions.
(5) To stop receiving text messages from the Coach, text STOP to the 41259 short code from which the text messages are being sent. You will then receive confirmation of your opt-out of the Coach’s text messaging program. You may also opt out by providing written notice to Off Day Trainer, Inc at 805 Aerovista Pl. STE 205# San Luis Obispo, CA 93401, by emailing Coach at email@example.com, or calling (855-393-3801.
(6) By completing the SMS/Text Messaging Opt-In Form, you also accept and agree to be bound by these SMS/Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of Coach’s services.
(7) Coach does not impose a separate fee for sending text messages under the Coach’s Program. However, standard message and data rates may apply to each text message sent or received in connection with the Coach’s Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.