In consideration of being permitted to receive and participate in Sommer Gibson LLC d/b/a Burn Boot Camp
Whitefish Bay (“Company”) personal training services and programs (“Program(s)”), you or your parent(s) and/or legal
guardian(s) if you are a minor, agree to the following:
1. I understand and acknowledge that there are risks inherent in participating in
physical exercise and activities of the nature I will be participating in connection with the
Programs. I accept and assume those risks, and agree that I am solely responsible for my physical
and mental health and any impact on the same that participating in the Programs may have.
2. I acknowledge and agree that by participating in the Programs, I am assuming the
risk of any injury, damage or loss that I may sustain as a result of my participation. Accordingly,
I hereby waive and release the Company, and all of its owners, members, agents, trainers,
representatives, and employees, from any and all liability for negligence based on any injury,
damage or loss I may sustain from participating in the Programs.
3. I understand and acknowledge that the Company does not provide medical advice
of any kind, including regarding my physical health or medical conditions. I understand that I
should not rely on any information provided by the Company as an alternative to medical advice
from my doctor or other professional healthcare provider.
4. By signing this release and waiver, and by agreeing to participate in the Programs,
I am representing and warranting that I am in appropriate and sufficient good health and medical,
physical, mental, and emotional condition to participate in the Programs. I understand that if I
have any question as to whether or not I am fit to participate in the Programs, it is my sole
responsibility to consult with my doctor and/or other professional healthcare provider to the
extent necessary to make sure that the Programs are appropriate for me to participate in
considering my individual condition. I acknowledge and agree that the Company has no
obligation or responsibility to analyze my fitness to participate.
5. By signing this release and waiver, I hereby give my irrevocable consent for the
Company to use my likeness and any video and/or audio of me engaging in the Programs for
promotional and marketing purposes, and I shall have no claim and make no claim regarding
rights to such materials or related to such materials. Any photography or other recording will be
performed openly and with good faith intentions only.
6. If this release and waiver is being signed in order to allow a minor child to
participate in the Programs, I acknowledge that I am the parent and/or legal guardian of said
minor child, and I have full authority to sign this release and waiver on his or her behalf and I
hereby acknowledge that all of the above terms apply in full force to the minor child.
7. I agree that this release and waiver shall be interpreted and governed by the laws
of the State of Wisconsin.
8. I agree that any dispute which arises out of, or is related in any way to, my
participation in the Programs shall be litigated exclusively in the Circuit Court of Milwaukee
County, Wisconsin. I further agree that should any such dispute arise, I hereby waive my right to
a jury trial. In the event the Company is the prevailing party in any such dispute, I agree to pay
the Company’s reasonable costs and expenses associated therewith, including the Company’s
reasonable attorney fees. The Company shall be deemed the “prevailing party” for this purpose if
I obtain lesser relief than demanded in the lawsuit or lesser relief than the Company offers as a
settlement at any time during the lawsuit.
9. I understand and acknowledge that I have read this release and waiver in full
before signing, and that I have been given the opportunity to ask any questions and/or raise any
concerns that I have about any of its terms.
I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS RELEASE AND WAIVER IN
FULL AND THAT I UNDERSTAND AND AGREE TO ITS TERMS, AND THAT I AM
SIGNING VOLUNTARILY.
_____________________________________ __________________
Print Name Date
_____________________________________
Signature
_____________________________________
Name of Minor Child
(if signature above is by guardian on behalf of
minor child.)