Waiver and Release of Liability and Assumption of Risk

This Agreement is entered into by and between you (“you” or “Client”) and Frank’s Fitness LLC. (“Company”).

1. Frank’s Fitness is an in-person and online personal training, spray tanning, bodybuilding competition and fitness service provider.
2. I, Client has requested one or more of the following Frank’s Fitness services including but not limited to:  Conduct personal fitness training / coaching sessions in my home, Frank’s Fitness personal residence or online, compete in a Frank’s Fitness hosted bodybuilding competition, Frank’s Fitness spray tanning services.
3. Frank’s Fitness or Client will provide equipment to be used in connection with our workouts, including but not limited to equipment detailed below.
4.  If in Client home, Client has complete control over the area in which we will perform our workouts.

For and in consideration of the foregoing premises and for the express contention of carrying out the purposes of a personalized in person, at-home and online fitness training program, the parties do hereby agree as follows:

Acknowledgement of Purchase

I, “client” through the purchase of training sessions, have agreed to participate voluntarily in a program of physical exercise, including, but not limited to, strength training, flexibility development, nutrition guidance and aerobic exercise (“Activities”), under the guidance of Frank’s fitness its authorized agents, employees, and contractors (“Trainer”).

Acknowledgement of Health

I declare myself physically and mentally sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in training sessions, online program guidance or my use of Equipment (as defined below).  I acknowledge I have been informed of the need for a physician’s approval for my participation in an exercise/fitness activity or in the use of Equipment.  I recognize it is my sole responsibility to obtain an examination by a physician prior to involvement in any exercise program. I acknowledge I have either had a physical examination and been given my physician’s permission to participate, or if I have chosen not to obtain a physician’s permission prior to beginning this exercise program with Frank’s Fitness, I acknowledge I am doing so at my own risk.

Equipment

Trainer or Client will provide the equipment or machinery to be used in connection with workouts, including, but not limited to, benches, dumbbells, barbells, and similar items (“Equipment”), and I will have control over the area in which we perform our workouts.  I represent and warrant any and all “Equipment” I provide for training sessions (“My Equipment”) is for personal use only.  Trainer has not inspected my Equipment and has no knowledge of its condition.  I understand I take sole responsibility for My Equipment.  I acknowledge that although Trainer takes precautions to maintain the Equipment provided by Trainer (“Frank’s Fitness Equipment”), Frank’s Fitness Equipment and/or My Equipment (“Frank’s Fitness or My Equipment”) may malfunction and/or cause Injuries and Changes (as defined below) and that I take sole responsibility to inspect any and all of Frank’s Fitness or My Equipment.  Furthermore, I take sole responsibility for any Injuries or Changes I (Client) sustain while using My Equipment to demonstrate an Activity, or otherwise use, and agree to indemnify Frank’s Fitness for any and all medical expenses and lost wages related to his use of My Equipment.

Assumption of Risk

I understand and am aware that “Activities”, including the use of My Equipment and Frank’s Fitness equipment, are potentially hazardous activities.  I acknowledge the possibility that injuries and physical and mental changes (“Injuries and Changes”) arising during and/or resulting from engaging in “Activities” does exist.  Injuries and Changes include, but are not limited to, abnormal blood pressure, fainting, disorders in heartbeat, heart attack, and, in some instances, death.  I understand Injuries and Changes could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life.

I am voluntarily participating in “Activities” and using My Equipment or Frank’s Fitness equipment with knowledge of the dangers involved.  I understand and take sole responsibility for any and all Injuries and changes that may occur to myself and/or others, including but not limited to Frank’s Fitness, related to any and all Activities associated with Frank’s Fitness instruction, even if not specifically set forth in this document, whether or not they fall within the scope of reasonably foreseeable injuries related to such Activities, and whether or not undertaken in Trainer’s presence.  Although Trainer will take precautions to ensure my safety, I expressly assume and accept sole responsibility for my safety and for any and all Injuries and Changes that may occur.

Waiver and Release of Liability

In consideration of Trainer’s agreement to instruct, assist, and train me, or when competing in a Frank’s Fitness sponsored event: I hereby agree to hold harmless Frank’s Fitness, its respective representatives, executors, agents, and assigns from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected to my participation in any and all Activities, use of Equipment, or any and all acts or omissions, including negligence by Frank’s Fitness and representatives.  This waiver and release of liability includes, but is not limited to, (a) Injuries and Changes to myself and/or others, including but not limited to Trainer, that may occur as a result of (i) Equipment that may malfunction or break; (ii) any and all defects, latent or apparent, in the design or condition of Equipment; (iii) any and all slips, falls, or dropping of Equipment; (iv) any and all improper maintenance of Equipment or facilities; (v) any hazardous condition that may exist on the premises, including, but not limited to, the specific workout area; and (vi) Frank’s Fitness negligent instruction or supervision; (b) damage to property, including but not limited to, Equipment and the premises.

Conclusion

I acknowledge and agree no warranties or representations have been made to me regarding the results I will achieve from this program. I understand results are individual and may vary.

I acknowledge I have thoroughly read this waiver and release and fully understand it is a waiver and release of liability. By signing this document, I am waiving any right I, or my heirs and/or assigns, may have to bring any and all legal actions or assert any and all claims against Frank’s Fitness, its respective representatives, executors, and/or assigns.

I represent and warrant I am signing this agreement freely and willfully and not under fraud or duress.  I further represent and warrant no social relationship exists between Frank’s Fitness and me, or if such a social relationship exists, for purposes of my training sessions, Frank’s Fitness and I have assumed a strict business relationship, and I understand any social relationship does not render this waiver invalid.  These exculpatory clauses are intended to apply to any and all activities occurring during the time for which I have contracted with Frank’s Fitness.

Personal Training Contract / Agreement

Congratulations on your decision to participate in an exercise program! With the help of Frank’s Fitness, you greatly improve your ability to accomplish your training goals faster, safer, and with maximum benefits. The details of these training sessions can be used for a lifetime.

In order to maximize progress, it will be necessary for you to follow program guidelines during supervised and (if applicable) unsupervised training days. Remember, exercise and healthy eating are EQUALLY important!

During your exercise program, every effort will be made to assure your safety. However, as with any exercise program, there are risks, including increased heart stress and the chance of musculoskeletal injuries. In volunteering for this program, you agree to assume responsibility for these risks and waive any possibility for personal damage. You also agree that, to your knowledge, you have no limiting physical conditions or disability that would preclude an exercise program.

By submitting the Frank’s Fitness online coaching signup form, you accept full responsibility for your own health and well-being AND you acknowledge an understanding that no responsibility is assumed by Frank’s Fitness.

Personal Training Terms and Conditions

1. Personal training sessions that are not rescheduled or canceled 24 hours in advance will result in forfeiture of the session and a loss of the financial investment at the rate of one session.
2. Clients arriving late will receive the remaining scheduled session time, unless other arrangements have been previously made with the trainer.
3. The expiration policy requires completion of all personal training sessions within 120 days from the date of the contract. Personal training sessions are void after this time period.
4. No personal training / Online Coaching refunds will be issued for any reason, including but not limited to relocation, illness, and unused sessions.
5. Client data, meal programs, training plans and all correspondence provided by Frank’s Fitness are to be kept confidential between client and Frank’s Fitness.

Testimonial and Photo Release Form

In consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I, the undersigned, hereby grant to Frank’s Fitness and his/her agents the right to use my name, biographical information, photographs, images, story and/or testimonial, in whole or in part, and without restriction as to changes or alterations.  The rights granted herein shall extend in perpetuity, unless revoked in writing to Trainer by me, throughout the world and for any purpose whatsoever, including without limitation for marketing and advertising purposes of Trainer, and in any and all media, including without limitation Trainer’s website.  I acknowledge that Trainer has no obligation to return any photographs or images to me.

I hereby RELEASE, WAIVE and FOREVER DISCHARGE any and all claims arising out of, or in connection with, such use by Frank’s Fitness, including without limitation any and all claims for libel or invasion of privacy.

I hereby warrant and represent that I am at least 18 years of age and have the right to contract in my own name.  I have read the above Release and am fully familiar with the contents thereof. This Release contains the entire agreement between the parties hereto as to the subject matter contained herein.