Adrien Cotton, Wellness Expert Fitness WaiverÂ
Fitness on the Run, LLC d/b/a Alexandria Wellness
Waiver, Release and Assumption of Risk (Agreement)
Through Fitness on the Run LLC d/b/a Alexandria Wellness (collectively, “Wellness”), I am voluntarily participating in online programs, personal training sessions, wellness counseling, nutritional counseling or other related events (“Activities”), which, along with my use of any media, Wellness facilities or equipment require me to sign this Agreement. I understand that Wellness’ employees, agents, representatives, successors or assigns (“Wellness Parties”) are not medical doctors and do not diagnose disease.
ASSUMPTION OF RISK: I understand that before beginning any exercise program or undergoing any dietary or food supplement changes, I should first consult with my physician. I have been informed of, understand and agree that any exercise or nutrition program, whether or not it requires use of equipment, is a potentially hazardous activity. I have also been informed of, understand and agree that the Activities involve a risk of injury, abnormal changes in blood pressure, fainting, and a risk of heart attack, stroke, other serious disability or death. I agree that if I engage in any Activities, or enter Wellness’ premises or use any facility or equipment on Wellness’ premises for any purpose, I do so at my own risk and assume the risk of any and all injury and/or damage I may suffer, whether while engaging in exercise or not. This includes injury or damage sustained while and/or resulting from taking any supplements, using any facilities or equipment, whether provided to me by Wellness or otherwise, including injuries or damages arising out of Wellness’ negligence, whether active or passive, or any Wellness Parties. My assumption of risk includes, but is not limited to, my use of any supplements, equipment (mechanical or otherwise), sports fields, or other areas, sidewalks, parking lots, stairs, any general areas of
any facilities, or any equipment. I assume the risk of my participation in all Activities, including weightlifting, walking, running, aerobic or any other sporting or recreational activity. I agree that I am voluntarily participating in the Activities and assume all risks of injury, illness, death, paralysis, damage, or loss to me or my property that might result, including any loss or theft of any personal property, whether arising out of Wellness’ negligence or otherwise. This release is not intended as an attempted release of claims of gross negligence or
intentional acts.Â
RELEASE: As consideration for the right to participate in the Activities, I agree on my behalf (and all my personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Wellness and Wellness Parties from any and all claims or causes of action (known or unknown) arising out of Wellness’ or Wellness Parties’ negligence, whether active or passive. This waiver and release of liability includes any physical or psychological injuries which may occur as a result of (a) my use of any equipment or facilities which may malfunction or break, (b) improper maintenance of any equipment, premises or facilities, (c) negligent instruction/supervision, including personal training, (d) negligent hiring or retention of employees or agents, and/or (e) slipping/tripping/falling while on any portion of premises or while traveling to/from Activities, including injuries resulting from Wellness’ or Wellness Parties’ negligent inspection or maintenance of the facility or premises.
I agree I am being instructed for my personal health and benefit and not for qualification or certification to train/instruct others. I agree that attempting to train/instruct others could result in injury to another party who may attempt to hold me liable. I expressly forever release, discharge, and agree to hold harmless Wellness and Wellness Parties from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or related to any such activity.
I also acknowledge and agree that: I am physically and mentally sound and except as may be disclosed on my Health History, suffering from no condition, impairment, disease or other illness that prevents my participation in Activities and that I have disclosed any and all known medical or genetic conditions, medications I use, and any significant personal or family medical history. If I know or suspect I have an injury or health condition, now or in the future, I agree it is my responsibility to seek qualified medical supervision and clearance before participating in any Activities and to inform Wellness in writing. Any recommendations that I follow for changes in diet, including but not limited to the use of food supplements, are entirely my choice and my responsibility. If any Activities cause pain or swelling, I will discontinue the Activity immediately and understand that I should consult a physician for diagnosis and treatment. If I notice damaged equipment and/or facilities, I will immediately notify a trainer/instructor.
If Activities occur at my home, they are at my request and I will provide the equipment (“Equipment”). I will control the workout area and warrant that all Equipment is for personal use only. I understand that Wellness will not inspect the Equipment and does not know its condition. I take sole responsibility for the use of all Equipment and understand that it may malfunction, and injuries may result. I take sole responsibility to inspect all Equipment I take sole responsibility for any injuries incurred by Wellness by using the Equipment.Â
This Agreement supersedes all prior agreements with Wellness in relation to the waiver, release, or assumption of risk relating to my participation in the Activities. I have carefully read this Agreement and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. I am aware and agree that by signing below I am giving up my right to bring a legal action or assert a claim against Wellness or any Wellness Parties for such party’s negligence, or for any defective product used while participating in Activities. I have read and voluntarily signed the Agreement and agree that no oral representations, statements or inducement apart from the foregoing written agreement have been made.