LIABILITY WAIVER AND RELEASE
THIS AGREEMENT RESULTS IN YOU WAIVING RIGHTS AND POTENTIAL RIGHTS, WHETHER ON YOUR OWN BEHALF AND/OR ON BEHALF OF SOMEONE FOR WHOM YOU ARE AUTHORIZED TO MAKE SUCH DECISIONS AND AGREEMENTS. THE PERSON WHOSE RIGHTS ARE BEING WAIVED AND RELEASED IS THE “RELEASOR”. YOU SHOULD NOT EXECUTE THIS AGREEMENT UNTIL AND UNLESS YOU COMPLETELY UNDERSTAND IT AND UNRESERVEDLY AND IRREVOCABLY CONSENT TO IT. THIS AGREEMENT IS LEGALLY BINDING.
Good Judgment and Good Conduct by Releasor. Releasor warrants and represents that Releasor is capable of using and shall use good judgment with regard to Releasor’s conduct and Releasor’s participation in activities (the “Activities”) and/or Child Watch services (the “Services”) at or via Beyond Fitness LLC, LLC (d/b/a Burn Boot Camp) (the “Company”). Most of the Activities shall involve some level of physical exertion, sometimes significant physical exertion, and Releasor must and shall decide to participate in Activities only if and to the extent Releasor can reasonably participate and is comfortable doing so. Releasor promises to not participate in Activities or Services if Releasor is uncomfortable or unsure regarding the safety or appropriateness of participating. Releasor will otherwise act in a manner which is respectful and safe toward others during and relating to Activities and Services at or via the Company and when participating in or being present at any Company sponsored, organized, or affiliated event or program and when on property owned or controlled by Company.
Appropriate and Sufficient Health, Medical, Physical, Mental, and Emotional Condition. Releasor warrants and represents that Releasor is in appropriate and sufficient good health and medical, physical, mental, and emotional condition to participate in the Activities that Releasor will be participating in at or via Company and that Releasor has no physical or mental conditions, problems or issues which would endanger Releasor or others due to such participation. Releasor further warrants and represents that Releasor will not utilize the Services except when the child to be cared for is in good health, does not require any medications to be provided while the Services are being utilized, and does not pose an elevated risk toward others, including other children.
Informed Consent and Assumption of Risk. Participating in Activities at or via the Company will by the very nature of said Activities lead to a certain level of physical exertion and physical activity. Releasor is only participating after giving informed consent, including by way of this Agreement. By volunteering to participate in the Activities, Releasor assumes the risk of any injuries or other negative consequences which may reasonably result from the Activities, including as a result of actions or inactions by the Company, by other activity participants, or by third parties. If Releasor is not aware of the risks which may come by participating in the Activities, Releasor should not participate until and unless Releasor has sought and received information from the Company which allows Releasor to have a fair and reasonable opportunity to know and understand said risks.
As to Services, Releasor recognizes and accepts that: Services may be provided by persons who are not child care professionals or otherwise licensed or permitted relating to child care; that the Company is not a licensed or permitted or certified child care facility; the Child Watch services are short-term, drop-in, basic in nature and may only be utilized while Releasor is present on the premises; and even properly monitored children can and sometimes do end up with bumps, bruises, scrapes, and sometimes more serious injuries or conditions.
Waiver and Release of Liability and Related Covenant. Releasor hereby voluntarily assumes any and all risk, including injury to his or her person and property, which may occur a result in his or her participation in activities provided or hosted by the Company. Releasor and anyone who can claim or recover through Releasor hereby agree to waive, relinquish, discharge, release, and covenant not to sue the Company or its parent, sister, affiliated and/or subsidiary corporations and related entities, their members, owners, officers, directors, partners, employees, consultants, contractors, advisors, agents, insurers, attorneys and volunteers (collectively, “Released Parties”), from any and all rights, claims, demands, causes of action, damages, liabilities, or loss that Releasor and anyone who can claim or recover through Releasor may have or come to have arising out of, connected with, or in any way associated with the Activities or Services at or via the Company or with Releasor participating in or being present at any Company sponsored, organized, or affiliated event or program or being on property owned or controlled by Company even if due to Released Parties’ own active or passive negligence and/or gross negligence. Releasor further covenants not to sue or otherwise bring a claim or complaint against Released Parties for any of the matters waived and released herein. This paragraph should not be interpreted to attempt to waive or release rights or claims which, by law, cannot be waived or released in this fashion.
Limitations on Damages in Case of Liability. Should A RELEASED PARTY somehow be found liable despite this Agreement, Releasor agrees that the maximum damages THE RELEASED PARTY shall be liable for is the total amount Releasor has paid to Company in the preceding twelve (12) months.
Company Indemnified, Defended, and Held Harmless. Releasor hereby agrees to indemnify, defend, and hold harmless the RELEASED PARTIES, at no cost to RELEASED PARTIES, as to any COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), LOSSES, claims or causes of action against RELEASED PARTIES due or related to Releasor’s participation in the Activities or utilization of the Services or related to any action or inaction of Releasor while on Company’s PREMISES or while participating or being present in any Company sponsored, organized, or affiliated event or program.
This Agreement’s Interpretation, Severability, Reformation, Completeness, and Finality. The parties agree that the language of this Agreement shall not be interpreted against either party as the “drafter” and that both parties have similar bargaining power here, including since you can choose to join a different organization which assist with exercise and physical conditioning. If any part of this Agreement is found to be void, illegal, or otherwise unenforceable and if the court is able and willing to do so, the parties hereby grant a court with appropriate jurisdiction over the matter to reform or otherwise modify the Agreement if necessary to best accomplish the intent of the Agreement as stated herein. If the Agreement is not so modified, then the offending provision(s) shall be stricken but the remainder of the Agreement shall remain in effect and best interpreted to accomplish the intent of the Agreement as stated herein. The parties affirm that this Agreement is final and complete, and supersedes any other information which contradicts this Agreement, and cannot be amended except by further written agreement of the parties which is clearly intended to amend this Agreement.
Resolution of Disputes. Company does not expect to have any disputes with Releasor, but this issue is addressed in case that does occur. Should there be any disputes between regarding this Agreement or any other aspect of the relationship between Releasor and Company which results in a legal or quasi-legal action being initiated, State of Florida laws and rules shall apply to the extent allowable. Jurisdiction and venue for any legal or quasi-legal action shall only be with a state court in Seminole County, Florida. Each party will bear its own court costs and attorneys’ fees except that if there is a dispute regarding Releasor’s non-payment of costs or fees or dues to Company, the prevailing party shall recover its legal costs and fees relating to that dispute, including attorneys’ fees and including any costs of collection, whether pre-litigation or otherwise.
Releasor’s Agent Executing on Behalf of Releasor. If the Releasor is unable to execute this document of his or her own accord for whatever reason, and it is instead being executed by someone on behalf of the Releasor (the “Releasor’s Agent”), the Releasor’s Agent hereby warrants, represents, and swears that (s)he has the authority to execute this legally binding agreement on behalf of the Releasor and that Company absolutely and materially relies on that warranty, representation, and sworn indication.
THIS IS A BINDING LEGAL AGREEMENT
__________________________ ______________________________ ___________________________
Releasor’s Name Printed Releasor’s Signature* Date of Signature*
Please complete the information below
Name__________________________________________________________________ DOB______________________________
Email__________________________________________________________________ Phone_____________________________
Address _________________________________
City_______________________________________________ State______________ Zip_________________________________
Emergency Contact Name _____________ Relationship _______________
Phone Number _________________
Trial Start Date_________________ Trial End Date________________________
Client Password for Mind Body System ________________________________
Signature_________________________________________________ Date_____________________________________
*COMPLETE THE BELOW ONLY IF RELEVANT
*If Releasor is a minor or unable to sign / date, Releasor’s name must still be written above and the below completed:
The undersigned parent and/or legal guardian does hereby acknowledge that he/she is aware of the dangers and the risks to the Member’s person and property involved in participating in Burn Boot Camp. The undersigned parent and/or legal guardian understand that this activity involves certain risks for physical injury to the Releasor. You also understand there are potential risks of which may presently be unknown. Because of the dangers of participating in this activity, the undersigned parent and/or legal guardian and participant (whom are all collectively the “Releasor”) recognize the importance and the participant agrees to fully comply with the applicable laws, policies, rules and regulations, and any supervisor's instructions regarding participation in this activity. The undersigned parent and/or legal guardian acknowledges that the participant voluntarily elects to participate in this activity with knowledge of the danger involved, and hereby agrees to accept and assume any and all risks of property damage, personal injury, or death.
I, the undersigned parent and/or legal guardian, affirm that I am freely signing this Agreement, and have the capacity to do so on behalf of the participant/Releasor. I have read this form and fully understand that by signing this form I am giving up legal rights and/or remedies which may otherwise be available to myself and the minor participant regarding any losses the participant may sustain as a result of participation in the activity. I agree that if any portion is held invalid, the remainder will continue in full legal force and effect.
_________________________ ____________________________ ___________________________
Releasor’s Agent’s Name Printed Releasor’s Agent’s Signature Date of Signature
Releasor’s Agent’s Relationship to Releasor: _______________________________________________
Burn Boot Camp Client PAR-Q and MindBody Profile Set Up
Please answer each question accurately and honestly; for each “Yes” answer, please briefly explain
⦁ Has any healthcare professional ever said that you have a heart condition and that you should only engage in physical activity as recommended by a doctor?__________________________________________________________________
_________________________________________________________________________________ YES [ ] NO [ ]
⦁ Do you feel pain in your chest when you engage in physical activity?___________________________________________________________
_________________________________________________________________________________ YES [ ] NO [ ]
⦁ In the past month, have you had any chest pain when you were not doing physical activity?____________________________________________________________
_________________________________________________________________________________ YES [ ] NO [ ]
⦁ Do you lose your balance or ever lose consciousness, even if just briefly?______________________________________________________________________
_________________________________________________________________________________ YES [ ] NO [ ]
⦁ Do you have a bone or joint problem (for example, back, knee, or hip) that could be made worse by a change in your physical activity?________________________________________________________________________
_________________________________________________________________________________ YES [ ] NO [ ]
⦁ Is your doctor currently prescribing medications or any treatment regimen related to your blood pressure or heart condition?_____________________________________________________________________
_________________________________________________________________________________ YES [ ] NO [ ]
⦁ Do you know of any other reason why you should not engage in physical activity?______________________________________________________________________
_________________________________________________________________________________ YES [ ] NO [ ]
If you answered YES to one or more questions, consult with your doctor BEFORE you start becoming more physically active or BEFORE you have a fitness appraisal. Tell your doctor about the PAR-Q and to which questions you answered YES. You may be able to do any activity you want – as long as you start slowly and build up gradually, or, you may need to restrict your activities to those that are safe for you. Talk with your doctor about the kinds of activities you wish to participate in and follow his/her advice. Find out which programs are safe and helpful for you.
If you accurately answered NO to all PAR-Q questions, you likely can start becoming much more physically active – begin slowly and build up gradually. This is the safest and easiest way to go. Take part in a Focus Meeting– this is an excellent way to determine your basic fitness so that you can plan the best way for you to live actively. It is also highly recommended that you have your blood pressure evaluated. If your reading is over 144/94, talk with your doctor before you start becoming much more physically active.
However, regardless of how you answered the above questions and what may be true for most people, each of us is unique and you should always err on the side of caution with regard to physical safety, which may include seeking medical evaluations.
Please note that if your health changes so that you then answer YES to any of the above questions, you must tell your Burn Trainer and seek a medical evaluation from a physician, including advice as to future physical activities both in relation to Burn and otherwise. You and we will always want to make any reasonable modifications possible to your physical activity plan.
Delay becoming much more active if you are not feeling well because of a temporary illness such as a cold or a fever – wait until you feel better; or if you are or may be pregnant – talk to your doctor before you start becoming more active.
