ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
DECLARATIONS: This Agreement is entered into between CJK Personal Training LLC (“Trainer”) and the undersigned (“Client”). The provision of online personal training services by CJK Personal Training LLC to Client, and Client’s use of any advice, premises, facilities or equipment are contingent upon this Agreement.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises or in your home/residence for any purpose, 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 including a client’s home/residence, or using any equipment, whether provided to you by CJK Personal Training LLC or otherwise, including injuries or damages arising out of the negligence of CJK Personal Training LLC, whether active or passive, or any of CJK Personal Training LLC affiliates, employees, agents, representatives, successors, and assigns.
Your assumption of risk includes, but is not limited to, your use of advice, use of any exercise equipment (mechanical or otherwise), sports fields, parks, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment.
You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to online training, weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, 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 CJK Personal Training LLC or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge CJK Personal Training LLC (and CJK Personal Training LLC 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 CJK Personal Training LLC, whether active or passive, or any of CJK Personal Training LLC 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 and online training, (d) negligent hiring or retention of employees, 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 CJK Personal Training LLC or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless CJK Personal Training LLC from any loss, liability, damage, or cost CJK Personal Training LLC may incur due to the provision of personal training or online personal training by CJK Personal Training LLC 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 Commonwealth of Massachusetts 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 CJK Personal Training LLC offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. CJK Personal Training LLC 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 CJK Personal Training LLC.
You acknowledge and agree that CJK Personal Training LLC does not place such items into the stream of commerce. 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.