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ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
DECLARATIONS: This Agreement is entered into between Pocket Blonde Fitness LLC (“Pocket Blonde”) and the undersigned (“Client”). The provision of personal training services and meal planning services by Pocket Blonde to Client are contingent upon this Agreement.
ASSUMPTION OF RISK: You (client) agree that if you engage in any physical exercise or activity, including personal training, 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 Pocket Blonde or otherwise, including injuries or damages arising out of the negligence of Pocket Blonde, whether active or passive, or any of Pocket Blonde’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, use of exercise routines, stretching routines, individual exercises, and diet or meal planning. 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, aquatic 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 Pocket Blonde or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Pocket Blonde (and its affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Pocket Blonde, whether active or passive, or any of Pocket Blonde’s affiliates, 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 meal preparation advice, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Pocket Blonde’s or anyone else’s negligent inspection or maintenance of the facility or premises. You further agree that if you do not see your desired results that this is not the fault of Pocket Blonde and you release them from any claim related to quality, effectiveness, or timeliness of physical fitness and nutritional results. Pocket Blonde does not provide equipment or facilities for training therefore you release Pocket Blonde from the duty to inspect or maintain any equipment.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Pocket Blonde from any loss, liability, damage, or cost Pocket Blonde may incur due to the provision of personal training by Pocket Blonde to you.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Ohio 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 Pocket Blonde offers a service to its clients encompassing the entire recreational, fitness, and nutritional spectrum. Pocket Blonde is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Pocket Blonde. You acknowledge and agree that Pocket Blonde does not place such items into the stream of commerce. You acknowledge that Pocket Blonde and its affiliates are not nutritional scientists and do not have degrees as such. You acknowledge that participation in this program may conclude in results different than what was initially expected. You acknowledge that fitness, training, and dieting take time, effort and dedication to produce results.
This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Pocket Blonde or its affiliates for their negligence, or for any defective product used while receiving personal training from Pocket Blonde. 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.
DECLARATIONS: This Agreement is entered into between Pocket Blonde Fitness LLC (“Pocket Blonde”) and the undersigned (“Client”). The provision of personal training services and meal planning services by Pocket Blonde to Client are contingent upon this Agreement.
ASSUMPTION OF RISK: You (client) agree that if you engage in any physical exercise or activity, including personal training, 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 Pocket Blonde or otherwise, including injuries or damages arising out of the negligence of Pocket Blonde, whether active or passive, or any of Pocket Blonde’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, use of exercise routines, stretching routines, individual exercises, and diet or meal planning. 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, aquatic 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 Pocket Blonde or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Pocket Blonde (and its affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Pocket Blonde, whether active or passive, or any of Pocket Blonde’s affiliates, 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 meal preparation advice, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Pocket Blonde’s or anyone else’s negligent inspection or maintenance of the facility or premises. You further agree that if you do not see your desired results that this is not the fault of Pocket Blonde and you release them from any claim related to quality, effectiveness, or timeliness of physical fitness and nutritional results. Pocket Blonde does not provide equipment or facilities for training therefore you release Pocket Blonde from the duty to inspect or maintain any equipment.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Pocket Blonde from any loss, liability, damage, or cost Pocket Blonde may incur due to the provision of personal training by Pocket Blonde to you.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Ohio 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 Pocket Blonde offers a service to its clients encompassing the entire recreational, fitness, and nutritional spectrum. Pocket Blonde is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Pocket Blonde. You acknowledge and agree that Pocket Blonde does not place such items into the stream of commerce. You acknowledge that Pocket Blonde and its affiliates are not nutritional scientists and do not have degrees as such. You acknowledge that participation in this program may conclude in results different than what was initially expected. You acknowledge that fitness, training, and dieting take time, effort and dedication to produce results.
This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Pocket Blonde or its affiliates for their negligence, or for any defective product used while receiving personal training from Pocket Blonde. 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.