Personal Training Agreement

Congratulations on your decision to participate in an exercise program! With the help of your personal trainer, 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 agreeing to purchase, you accept full responsibility for your own health and well-being AND you acknowledge an understanding that no responsibility is assumed by the leaders of the program.

User’s Representations, Express Assumption of All Risks, and Release of Liability Agreement

Purpose of This Binding Agreement

By reading and signing this document, “You,” the undersigned, sometimes also referred to as “User” or “I,” will agree to release and hold Alal Day Endurance ("Personal Trainer" or “We”) harmless from, and assume all responsibility for, all claims, demands, injuries, damages, actions or causes of action to persons or property, arising out of or connected with your use of the Personal Trainer's services. The agreement and release is for the benefit of the Personal Trainer, its employees, agents, independent contractors, other users of the Personal Trainer. This agreement includes your release of these persons from responsibility for injury, damage, or death to yourself because of those acts or omissions claimed to be related to the ordinary negligence of these persons. This agreement also includes your representations as to important matters which the Personal Trainer will rely upon.

A. Representations

The undersigned, You, represent: (a) that you understand that use of the Personal Trainer's services and programs includes an inherent risk of injury to persons and property; (b) that you are in good physical condition and have no disabilities, illnesses, or other conditions that could prevent you from exercising and using the Personal Trainer's equipment/facilities and services without injuring yourself or impairing your health; and (c) that you have consulted a physician concerning an exercise program that will not risk injury to yourself or impairment of your health. Such risk of injury includes, but is not limited to, injuries arising from or relating to use by you or others of exercise equipment and machines; injuries arising from or relating to participation by you or others in supervised or unsupervised activities or programs; injuries and medical disorders arising from or relating to use of the exercise services including heart attacks, sudden cardiac arrests, strokes, heat stress, sprains, strains, broken bones, and torn muscles, tendons, and ligaments, among others; and accidental injuries occurring anywhere. Accidental injuries include those caused by you, those caused by other persons, and those of a “slip-and-fall” nature. If you have any special exercise requirements or limitations, you agree to disclose them to the Personal Trainer before starting an exercise plan; and when seeking help in establishing an exercise program, you hereby agree that all exercise and use of the Personal Trainer's services and programs are undertaken by you at your sole risk. As used herein, the terms “include,” “including,” and words of similar import are descriptive only, and are not limiting in any manner.

You do hereby further declare yourself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent your participation or use of equipment or machinery except as hereinafter stated. You do hereby acknowledge that you have been informed of the need for a physician’s approval for your participation in an exercise/fitness activity or in the use of exercise equipment and machinery. You also acknowledge that it has been recommended that you have a yearly or more frequent physical examina- tion and consultation with your physician as to physical activity, exercise, and use of exercise and training equip- ment so that you might have his recommendations concerning these fitness activities and equipment use. You acknowledge either that you have had a physical examination and have been given your physician’s permission to participate, or that you have decided to participate in activity and use of equipment and machinery without the approval of your physician and do hereby assume all responsibility for your participation and activities, and utilization of equipment and machinery in your activities.

B. Express Assumption of All Risks

You have represented to us and acknowledged that you understand and appreciate all of the risks associated with your participation in various activities and in the use of equipment/facilities recommended by the Personal Trainer, including the risks of injury, disability, and death. Knowing and appreciating all of these risks and enhanced risks, you have knowingly and intelligently determined to expressly assume all risks associated with all of your activities and use of equipment/facilities recommended by the Personal Trainer.

You understand and are aware that strength, flexibility and aerobic exercise, including the use of equipment, is a potentially hazardous activity. You also understand that fitness activities involve the risk of injury and even death, and that you are voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers involved. We have also reviewed the risks with you on the date when you signed this Agreement and answered any questions that you may have had. You hereby agree to expressly assume and accept any and all risks of injury or death including those related to your use of or presence at this facility, your use of equipment, and your participation in activity, including those risks related to the ordinary negligence of those released by this Agreement and including all claims related to ordinary negligence in the selection, purchase, setup, maintenance, instruction as to use, and use and/or supervision of use, if any, associated with all equipment and facilities.

C. Agreement and Release of Liability

In consideration of being allowed to participate in the activities and programs of the Personal Trainer in addition to the payment of any fee or charge, you do hereby waive, release, and forever discharge the Personal Trainer and its directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, and all others from any and all responsibilities or liability from injuries or damages resulting from your participation in any activities or your use of equipment/facilities or machinery in the above-mentioned activities. You do also hereby release all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage to yourself, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with your participation in any activities of the Personal Trainer. This provision shall apply to ordinary acts of negligence but shall not apply to gross acts/omissions of negligence, willful or wanton acts/omissions, or those of an intentional/criminal nature.

Acknowledgment: "I have read and received a completed copy of this Agreement and all of its Exhibits, as well as any Rules and Regulations of the Personal Trainer which are incorporated herein by reference. I agree to be bound by the terms and conditions of the Agreement and the Rules and Regulations of the Personal Trainer, as same exist or as same may be amended from time to time hereafter. This Agreement shall be binding upon me and my spouse, my heirs, my estate, my executors, my administrators, and my successors and/or assigns. I realize that this Agreement is designed to prevent me and/or them from filing any personal injury or other lawsuit based upon ordinary negligence, including negligent battery, or even negligent wrongful death, loss of consortium, or any other similar lawsuit arising out of any injury to me which I or they may possess hereafter.The undersigned, on behalf of myself and my heirs, executors, administrators, successors, and assigns hereby agree to indemnify the Personal Trainer and all those hereby released and to hold them absolutely harmless if anyone, including the undersigned, should hereafter file suit against the Personal Trainer or those released hereby for any matter intended to be released by this Agreement, including claims based upon ordinary negligence such as but not limited to personal injury, wrongful death, loss of consortium, or other similar actions."