ASSUMPTION OF RISK;
WAIVER AND RELEASE OF RIGHTS AND CLAIMS
BEFORE SIGNING THIS ACKNOWLEDGEMENT OF RISK, WAIVER, AND RELEASE OF CLAIMS (THIS “AGREEMENT”), YOU MUST READ THIS AGREEMENT VERY CAREFULLY. IF AN ACCIDENT WERE TO OCCUR INVOLVING YOU AND/OR YOUR MINOR/WARD, YOU AND/OR YOUR MINOR/WARD (BY SIGNING THIS AGREEMENT) WOULD BE GIVING UP LEGAL RIGHTS THAT YOU AND/OR MINOR/WARD MIGHT OTHERWISE HAVE. IF YOU DO NOT UNDERSTAND ANYTHING IN THIS AGREEMENT, OR IF YOU OBJECT TO ANY PROVISION CONTAINED IN THIS AGREEMENT, YOU SHOULD NOT SIGN IT BUT SHOULD SEEK ADVICE FROM YOUR LEGAL COUNSEL. REQUESTS FOR MODIFICATIONS TO THIS AGREEMENT MAY BE DIRECTED TO JAYNAY, LLC AT THE FOLLOWING NUMBER: 469-455-1424.
I recognize and acknowledge that as a recipient of the personal training services provided by the Jaynay, LLC I and/or my minor/ward will periodically engage in strenuous physical activities involving the use of weight training and other exercise equipment such as, free weights, and squat racks among other equipment, which activities entail the risk of serious and other injuries, including, but not limited to: broken bones, strains, sprains, bruises, concussions, heart attack, viral or other pathogen infection, and in some cases, permanent disability and even death. I also understand that severe social and economic loss might result not only from my own actions but also from the actions, inactions or negligence of others, or the condition of the premises or equipment used in connection with such activities. Nevertheless, I agree to assume the risk of injury, damage, or loss regardless of severity that I, my minor/ward, or other family member or kin may sustain as a result of the activities I engage in as the personal training services provided by Jaynay, LLC
Accordingly, I agree to waive, relinquish, discharge, release, and covenant not to sue Jaynay, LLC or its parent, sister, affiliated and/ or subsidiary corporations and related entities, their members, franchise partners, officers, managers, partners, employees, consultants, contractors, advisors, agents, insurers, attorneys and volunteers, from any and all rights, claims of injury, demands, causes of action, damages, liabilities or loss that I, my minor/ w ard, or other family member may have or that may accrue to me, my minor/ward, or other family members arising out of, connected with, or in any way associated with the personal training services provided by Jaynay, LLC.
I have considered that if this Agreement were not as broad as it is, the cost of the personal training services provided to me and/or my minor/ward by Jaynay, LLC would be considerably higher and I do not wish to pay a considerably higher cost. By signing this Agreement, I waive the right to bargain for different terms in this Agreement. I also understand that if I later learn that any fact that I believed to be true at the time I signed this Agreement is later to be found incorrect, I nevertheless am bound by this Agreement.
In no event shall Jaynay, LLC be liable for any cause of action, claim, damage, demand, expense, fine, investigation, liability, or penalty in excess of the amounts that you paid to us in the preceding 12 months, whether one time or in the aggregate.
I agree to defend, hold harmless, and indemnify Jaynay, LLC for any of my negligent or reckless acts or omissions. I warrant and represent that I have no medical or other condition, which would prohibits me from participating in any of Jaynay, LLC programs.
This Agreement constitutes the entire Agreement between the Parties on the issues contained in this Agreement and supersedes all prior Agreements and/or memoranda. This Agreement may only be modified in writing with the written consent of both Parties. This Agreement is intended to bind only the Parties hereto, and their successors, and may not be assigned by either Party without the express written consent of the other.
This Agreement shall be governed by the laws of the State of TX. All Parties irrevocably consent that the venue and jurisdiction of any dispute shall lie in Collin County, TX. In the event that a court determines that any provision of this Agreement is invalid, all other provisions shall survive and the Agreement shall be interpreted to fulfill the intent of the Parties as shown in this Agreement.
I have read this Agreement thoroughly and fully understand it. I enter into it voluntarily on behalf of myself, my spouse, my heirs, next of kin, assigns, personal representatives, related individuals and related entities. No one has made to me any representations statements, or inducements that change or modify anything written in this Agreement.
Name_____________________________________________________________________DOB______________________________
Signature__________________________________________________________ Date_____________________________________
Burn Boot Camp Client PAR-Q
YES [] NO 1. Has your doctor ever said that you have a heart condition and that you should only do
[] physical activity recommended by a doctor?
YES [] NO 2. Do you feel pain in your chest when you do physical activity?
[]
YES [] NO 3. In the past month, have you had chest pain when you were not doing physical activity?
[]
YES [] NO 4. Do you lose your balance because of dizziness, or do you ever lose consciousness?
[]
YES [] NO 5. 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 6. Is your doctor currently prescribing drugs (for example, water pills) for your blood
[] pressure or heart condition?
YES [] NO 7. Do you know of any other reason why you should not do physical activity?
[]
If you answered YES to one or more questions:
Talk with your doctor by phone or in person BEFORE you start becoming more physically active and BEFORE you have a fitness appraisal. Tell your doctor about the PAR-Q and to which questions you answered YES. Talk with your doctor about the kinds of activities you wish to participate in and follow his/her advice. Find out which community programs are safe and helpful for you.
If you answered NO honestly to all PAR-Q questions, you can be reasonably sure that you 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.
PLEASE NOTE:
If your health changes so that you then answer YES to any of the above questions, tell your Burn Trainer. Ask whether you should change 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.
Name_____________________________________________________________________DOB______________________________
Email_____________________________________________________________________Phone_____________________________
City_________________________________________________State________________Zip_________________________________
Trial Start Date__________________________________________ Trial End Date_________________________________________
Signature__________________________________________________________ Date_____________________________________
Good Judgment and Good Conduct by Releasee. Releasee warrants and represents that Releasee is capable of using and shall use good judgment with regard to Releasee’s conduct and Releasee’s participation in activities (the “Activities”) and/or Child Watch services (the “Services”) at or via {insert your business entity’s name} (the “Company”). Most of the Activities shall involve some level of physical exertion, sometimes significant physical exertion, and Releasee must and shall decide to participate in Activities only if and to the extent Releasee can reasonably participate and is comfortable doing so. Releasee promises to not participate in Activities or Services if Releasee is uncomfortable or unsure regarding the safety or appropriateness of participating. Releasee 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. Releasee warrants and represents that Releasee is in appropriate and sufficient good health and medical, physical, mental, and emotional condition to participate in the Activities that Releasee will be participating in at or via Company and that Releasee has no problems or issues which would endanger Releasee or others due to such participation. Releasee further warrants and represents that Releasee 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. Releasee is only participating after giving informed consent, including by way of this Agreement. By volunteering to participate in the Activities, Releasee assumes the risk of any 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 Releasee is not aware of the risks which may come by participating in the Activities, Releasee should not participate until and unless Releasee has sought and received information from the Company which allows Releasee to have a fair and reasonable opportunity to know and understand said risks.
As to Services, Releasee 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 Releasee 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. Releasee and anyone who can claim or recover through Releasee 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, from any and all rights, claims of injury, demands, causes of action, damages, liabilities, or loss that Releasee and anyone who can claim or recover through Releasee 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 Releasee participating in or being present at any Company sponsored, organized, or affiliated event or program or being on property owned or controlled by Company. Releasee further covenants not to sue or otherwise bring a claim or complaint against Company 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 Company somehow be found liable despite this Agreement, Releasee agrees that the maximum damages Company shall be liable for is the total amount Releasee has paid to Company in the preceding twelve (12) months.
Company Indemnified, Defended, and Held Harmless. Releasee hereby agrees to indemnify, defend, and hold harmless the Company, at no cost to Company, as to any claims or causes of action against Company due or related to Releasee’s participation in the Activities or utilization of the Services or related to any action or inaction of Releasee while on Company’s property 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 Releasees, 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 Releasee and Company which results in a legal or quasi-legal action being initiated, {insert state of Company’s choosing, usually where Company is located} 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 {insert preferred city and state}. Each party will bear its own court costs and attorneys’ fees except that if there is a dispute regarding Releasee’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.
Releasee’s Agent Executing on Behalf of Releasee. If the Releasee 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 Releasee (the “Releasee’s Agent”), the Releasee’s Agent hereby warrants, represents, and swears that (s)he has the authority to execute this legally binding agreement on behalf of the Releasee and that Company absolutely and materially relies on that warranty, representation, and sworn indication.
THIS IS A BINDING LEGAL AGREEMENT
