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 Peak Performance Training & Nutrition 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 Peak Performance Training and Nutrition facilities, premises, or services. The agreement and release is for the benefit of Peak Performance Training and Nutrition facilities, its employees, agents, independent contractors, other users of Peak Performance Training and Nutrition and all persons on the premises of Peak Performance Training and Nutrition. 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 Peak Performance Training & Nutrition will rely upon.
A. Representations
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The undersigned, You, represent: (a) that you understand that use of Peak Performance Training and Nutrition premises, facilities, equipment, 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 Peak Performance Training & Nutrition's equipment/facilities 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, locker rooms, spa and other wet areas, and other Peak Performance Training & Nutrition facilities; injuries arising from or relating to participation by you or others in supervised or unsupervised activities or programs through Peak Performance Training & Nutrition; injuries and medical disorders arising from or relating to use of Peak Performance Training & Nutrition facilities 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 in Peak Performance Training & Nutrition including lobbies, hallways, exercise areas, locker rooms, steam rooms, pool areas, Jacuzzis, saunas, and dressing rooms. 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 Peak Performance Training & Nutrition before using Peak Performance Training & Nutrition facilities; and when seeking help in establishing an exercise program, you hereby agree that all exercise and use of Peak Performance Training & Nutrition facilities, services, programs, and premises 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 also acknowledge and represent that you realize and appreciate that access to and use of Peak Performance Training & Nutrition facilities during nonsupervised times increases and enhances certain risks to you. You realize that if you use Peak Performance Training & Nutrition during nonsupervised hours, any emergency response to you in the event of need for same may be impossible or delayed. While we encourage you to use the Peak Performance Training & Nutrition facility with a partner during nonsupervised times, you may choose to do so without a partner, therefore enhancing and increasing the risks to you as to the provision of first aid and emergency response. You realize that a delay in the provision of first aid and/or emergency response may result in greater injury and disability to you and may cause or contribute to your death. Use of Peak Performance Training & Nutrition with no one else present to supervise or watch your activities is not recommended and would not be allowed unless you agree to assume all risks of injury, whether known or unknown to you. 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 examination and consultation with your physician as to physical activity, exercise, and use of exercise and training equipment 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.
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B. Express Assumption of All Risks
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You have represented to us and acknowledged that you understand and appreciate all of the risks associated with your participation in various activities at Peak Performance Training & Nutrition and in the use of equipment/facilities at Peak Performance Training & Nutrition, including the risks of injury, disability, and death. You have also acknowledged that there are greater, enhanced, and even other risks to you if you decide to use the Peak Performance Training & Nutrition’s facility during nonsupervised times. 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 at Peak Performance Training & Nutrition. 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
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In consideration of being allowed to participate in the activities and programs of Peak Performance Training & Nutrition and to use its equipment/facilities and machinery in addition to the payment of any fee or charge, you do hereby waive, release, and forever discharge Peak Performance Training & Nutrition 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 Peak Performance Training & Nutrition. 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.
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D. Loss or Theft of Property
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Peak Performance Training & Nutrition is not responsible for lost or stolen articles. You should keep any valuables with you at all times while using the facilities. Storage space or lockers do not always protect valuables. Consequently, by executing this Agreement and any accompanying documents, you do hereby agree to assume all responsibility for your own property and that of any dependent(s) and to insure that property against risk of loss as you see fit. By the execution hereof, you expressly, on behalf of yourself and any dependents, do hereby knowingly agree to forego, waive, release, and prospectively give up any right to institute any claim or action against Peak Performance Training & Nutrition relating to lost or stolen property, including property lost or stolen due to the negligent act or omission of Peak Performance Training & Nutrition. You agree to indemnify and save Peak Performance Training & Nutrition and all of its personnel harmless from any action, claim, suit, or subrogated claim or suit instituted at any time hereafter against Peak Performance Training & Nutrition related to the theft or loss of your or your dependents’ property at Peak Performance Training & Nutrition. Peak Performance Training & Nutrition shall be indemnified by you for all costs, expenses, fees, including attorney fees, incurred by Peak Performance Training & Nutrition or its personnel by reason of any such action.
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YOU HAVE READ THE FOREGOING, ACKNOWLEDGE THAT YOU UNDERSTAND THE TERMS AND
CONDITIONS SET FORTH IN THE PRECEDING PARAGRAPHS AND AGREE TO SAME.
Signature:
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User shall receive a copy of the foregoing Agreement at the time of its initialing and signing and hereby acknowledges User’s receipt of same. This Agreement shall be interpreted according to the laws of the State of. If any part of this Agreement should ever be determined by a court of final jurisdiction to be invalid, the remaining portions hereof shall be deemed to be valid and enforceable.
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YOU HAVE READ THE FOREGOING, ACKNOWLEDGE THAT YOU UNDERSTAND THE TERMS AND
CONDITIONS SET FORTH IN THE PRECEDING PARAGRAPHS, AND AGREE TO SAME.
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Signature:
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Acknowledgment
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I have read and received a completed copy of this Agreement and all of its Exhibits, as well as any Rules and Regulations of Peak Performance Training & Nutrition 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 Peak Performance Training & Nutrition, 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 Peak Performance Training & Nutrition and all those hereby released and to hold them absolutely harmless if anyone, including the undersigned, should hereafter file suit against Peak Performance Training & Nutrition 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.
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Signature:
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Late / No Show / Cancellation Policy
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Our main goal is to provide the best possible service to our clients. Peak Performance Training & Nutrition works on an appointment based schedule to allow you the time required for your personal training session. Sessions will generally be 75 minutes. Please be on time for your appointments. If you are late for a session it will still end at the scheduled time. If you are more than 15 minutes late for a session, it will be considered a no-show and you will be required to pay the fee for the session. Due to this schedule it is important that you give us sufficient notice when you need to cancel an appointment. This means a cancellation should be made at least 24 hours before the scheduled appointment. Failure to cancel a training session within this time will result in you being charged for the session. Should you wish to reschedule an appointment, a minimum of 24 hours notice is required. We will do our best to accommodate this. We understand that emergencies happen. We provide every client with one free short-notice cancellation. You will not be charged for your first cancellation with less than 24 hour notice. Subsequent short-notice cancellations will be charged for the session. The free short-notice cancellation only applies if we are notified prior to the session start time. No-shows are not eligible for the free cancellation. I have read the above policy and agree to its terms as it applies to my personal training package.
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Signature:
