AGREEMENT OF RELEASE, ASSUMPTION OF RISK AND WAIVER OF LIABILITY
Get Movin' Fitness & Nutrition Solutions
dba, April Marion-McClure
577 Granby Road, South Hadley, MA 01075
This agreement is between Get Movin' Fitness & Nutrition Solutions dba, April Marion-McClure, it's staff and any Group Fitness Instructors and Personal Trainers, who may be conducting classes as appointed by Get Movin' Fitness & Nutrition Solutions and the individual whose name is printed and signed below:
I, (the individual whose name is printed and signed below), hereby agree to the following:
1. I am participating in live and/or virtual group fitness classes or other coaching sessions offered by a licensed group fitness instructor, certified personal trainer or nutrition coach. I recognize that all live and virtual group fitness classes require physical exertion that may be strenuous and may cause physical injury, including death, and I am fully aware of the risks and hazards involved.
2. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in live and virtual work outs. I represent and warrant that I am physically fit and I have no medical condition that would prevent my full participation in both live and virtual group exercise classes and/or personal training sessions.
3. In consideration of being permitted to participate in both live and virtual group exercise classes and/or personal training sessions, I agree to assume full responsibility for any risks, injuries or damages (known or unknown), property damage or loss of any kind in which I may incur as a result of participating in live and virtual group exercise classes and/or personal training sessions.
4. In further consideration of being permitted to participate in live and virtual group exercise classes and/or personal training sessions, I knowingly, voluntarily and expressly waive any claim I may have against the authorized Group Fitness Instructor(s) and Personal Trainers for any injuries or damages (known or unknown), property damage or loss of any kind, including death that I may sustain as a result of participating in any live and/or virtual group exercise classes and/or personal training sessions.
5. This is a legally binding Release, Waiver, Discharge and Covenant Not to Sue (collectively “Release”) the authorized Group Fitness Instructor(s) and Personal Trainers for any injury, death, property damage or loss of any kind caused by my voluntary participation in any live and/or virtual group exercise classes and/or personal training sessions. This Release, Waiver, Discharge and Covenant Not to Sue is made voluntarily by me, the undersigned Releaser, on my own behalf, and on behalf of my heirs, executors, administrators, and legal representatives.
6. I hereby grant Get Movin' Fitness & Nutrition Solutions, permission to use my likeness in a photograph in any and all of its publications, including website entries, without payment or any other consideration. I understand and agree that these materials will become the property of Get Movin' Fitness & Nutrition Solutions and will not be returned. I hereby irrevocably authorize Get Movin' Fitness & Nutrition Solutions to edit, alter, copy, exhibit, publish or distribute this photo for purposes of publicizing both live and virtual group exercise classes, personal training sessions and any other programs or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph. I hereby hold harmless and release and forever discharge Get Movin' Fitness & Nutrition Solutions from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
7. I have read the above release, waiver of liability and assumption of risk, fully understand its contents and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature to be the complete and unconditional release of all liability. I voluntarily agree to the terms and conditions stated above. This agreement remains in effect for as long as I participate in any live and/or virtual group exercise classes, personal training sessions and/or other programs under the instruction of Get Movin' Fitness & Nutrition Solutions and Get Movin Fitness Instructors.