I, the 'Client' hereby agrees to the following terms and conditions, which shall govern the provision of services and programs by PŪR FITNESS, INC. to the Client (hereinafter referred to as the “Agreement”):
I desire to participate voluntarily in a progressive exercise program and/or fitness testing in an effort to assess and improve my physical wellbeing. I understand that my progressive exercise program is a matter of professional judgment made by PŪR FITNESS, INC. (“PŪR FITNESS”), and will be tailored to meet the goals and objectives either formally or informally agreed to. I understand, however, that PŪR FITNESS cannot guarantee that I will accomplish the goals that are established. I understand that when I elect to train with other clients that fitness programs are designed to best accommodate multiple individuals with varying goals and fitness levels.
DESCRIPTION OF THE EXERCISE PROGRAM
I understand that my progressive exercise program will involve participation in a numerous types of fitness activities and assessment testing. These activities will vary depending upon the objectives that PŪR FITNESS establishes, and may include, but are not limited to:
- Aerobic activities including, but not limited to, the use of treadmills, stationary bicycles, step machines, rowing machines, and bike/run trails
- Strength building exercises including, but not limited to, the use of free weights, weight machines, calisthenics, and exercise apparatuses
- Muscular endurance exercises including, but not limited to, body-weight exercises, pull-ups, push-ups, sit-ups, sprinting, prowlers, movement of irregular objects
- Selected physical fitness and body composition tests including, but not limited to, skin-fold measurements, tape measurements, graded exercise tests
- Other fitness activities and assessment testing as selected by PŪR FITNESS.
DESCRIPTION OF POTENTIAL RISKS
I understand that by participating in any progressive exercise program(s) and/or fitness tests, I assume personal risks that cannot be fully mitigated, and that my personal safety cannot be guaranteed. I understand that these progressive exercise programs and/or fitness tests are designed to gradually increase the workload on my circulatory systems as well as my musculoskeletal system in an effort to improve their function. The reaction of the system(s) to such activities cannot be predicted with complete accuracy. The possibility of certain unusual changes during or following the exercise sessions does exist. These changes could include, but are not limited to: abnormalities in blood pressure or heart rate, ineffective heart function, fainting, muscle soreness, muscle strains, and possibly heart attack or cardiac arrest. I realize that when participating in any exercises, particularly those that induce cardiovascular stress, there is a chance of serious injury (e.g., heart attack, stroke, or other cardiovascular accidents) or catastrophic incident (e.g., death, paralysis). Likewise, I know that engaging in muscular endurance, strength building, and other fitness activities may result in minor injuries (e.g., bruises, musculoskeletal strains and sprains), and/or, more serious injuries (e.g., muscle tears, herniated disks, torn rotator cuffs).
DESCRIPTION OF POTENTIAL BENEFITS
I understand that a regular progressive exercise program has been shown to have definite benefits to general health and wellbeing. I know that benefits can include, but are not limited to, the loss of weight, reduction of body fat, improvement of blood lipids, lowering of blood pressure, improvement of cardiovascular function, reduction in the risk of heart disease, improved strength and muscular endurance, improved posture, and improved flexibility.
I understand and agree that it is my responsibility to:
- Fully disclose any health issues or medications that are relevant to participation in a strenuous exercise program
- Cease exercise and report promptly any unusual feelings (e.g., chest discomfort, nausea, difficulty breathing, apparent injury) during the exercise program
- Clear my participation with my physician, doctor, or medical professional prior to my first exercise session
In agreeing to this exercise program:
- I acknowledge that my participation is completely voluntary;
- I understand the potential physical risks involved in the exercise program and believe that the potential benefits outweigh those risks;
- I give consent to certain physical touching that may be necessary including, but not limited to, proper technique, body alignment, skin-fold measurements;
- I understand that the achievement of health or fitness goals cannot be guaranteed;
- I have a voice in planning and approving the activities selected for my exercise program;
- I have been able to ask questions regarding any concerns I might have, and have had those questions answered to my satisfaction;
- I am in good physical condition, without impairment that will prevent participation in such activities, and will consult with a physician prior to beginning this program; and
- I have been advised to cease activity immediately if I experience unusual discomfort and feel the need to stop.
WAIVER OF LIABILITY
In consideration for the services provided by PŪR FITNESS to me, on behalf of myself, my heirs, personal representatives, or assigns, I do hereby release, waive, discharge, and covenant not to sue PŪR FITNESS, its owner(s), officers, employees, volunteers, and agents, from liability from any and all claims arising from the services provided by or on behalf of PŪR FITNESS to me, including those claims which may arise due to the negligence of PŪR FITNESS’ owners, officers, employees, volunteers and/or agents.
This agreement applies to:
- Personal injury (including death) from accidents or illnesses arising directly or indirectly from participation in activities directed, suggested, or planned by PŪR FITNESS, including, but not limited to, organized activities, classes, instruction, observation, related activities in a non-supervised setting, and use of facilities, premises, or equipment
- Any and all claims resulting from the damage to, loss of, or theft of property.
INDEMNIFICATION AND HOLD HARMLESS
I also agree to hold harmless and indemnify PŪR FITNESS, its owner(s), officers, employees, volunteers, agents, and insurance carriers from all claims (whether initiated by me or by a third party) and to reimburse them for any expenses incurred as a result of my involvement with PŪR FITNESS. I further agree to pay all expenses, including court costs and attorneys’ fees, incurred by PŪR FITNESS, and the aforementioned parties in investigating and defending a claim or suit resulting from my participation in any PŪR FITNESS health, fitness, nutritional, assessment, and conditioning activities.
SEVERABILITY AND VENUE
I further expressly agree that the foregoing Agreement is intended to be as broad and inclusive as is permitted by the law of the Commonwealth of Virginia and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Likewise, I agree that if legal action is brought, it must be brought in the circuit court of Montgomery County, VA.
ASSUMPTION OF INHERENT RISKS
Fitness and conditioning activities, by their very nature, carry with them certain inherent risks that cannot be eliminated regardless of the care PŪR FITNESS takes to prevent injuries. The personal training activities offered by PŪR FITNESS involve strenuous exertions of strength using various muscle groups, some involve quick movements, involving speed and change of direction, and others involve sustained physical activity that places stress on the cardiovascular system. In addition, many activities will involve equipment and machines, which have the potential of malfunctioning or causing injury. The specific risks vary from one activity to another, but in each activity the risks include, and are not limited to:
- Minor injuries such as scratches, bruises, muscle strains, and sprains
- Major injuries such as ligament damage, broken bones, joint or back injuries, concussions, and heart attacks
- Catastrophic injuries including paralysis and death.
ACKNOWLEDGEMENT OF UNDERSTANDING
I have read this Agreement, and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the Agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability for injury resulting from ordinary negligence to the greatest extent allowed by state law of Virginia.
I acknowledge the nature of the activities at PŪR FITNESS, and understand the demands of those activities relative to my physical condition and skill level, appreciating the types of injuries that may occur as a result of activities made possible by PŪR FITNESS. I hereby assert that my participation is voluntary and that I knowingly and willingly assume all such risks.
Finally, I know and understand that I am entering into a subscription service that auto-renews (bills) every year (annually, and in perpetuity until canceled) without additional authorization from me, starting at the date of purchase, independent of my use of the service. I also understand that I can cancel anytime without penalty, however, no proration of the annual installment is provided and access to the service and all of its features will be immediately suspended. I further understand that PŪR FITNESS offers no warranties or guarantees that I will achieve my desired results across the duration of this program. I understand that cancellation of or lack of participation in the program will not result in a refund.
My acknowledgment of this Agreement indicate my understanding and agreement to the foregoing terms.