5:17 Total Body Transformations (The Studio)
The Studio recommends that you seek the advice of your physician before commencing any exercise routine.
The client assumes any and all risks of injury associated with or in any manner related to his or her use of or presence upon the studio premises, including injury resulting from the negligence of the studio or its employees.
The client assumes any and all risks of injury associated with or in any manner related to his or her use of any exercise equipment (including, but not limited to, treadmills, weight machines, free weights, stair climbing machines, swimming pools, etc.) located within areas utilized by the studio or on other premises.
This waiver applies regardless of whether you are using exercise equipment at the time of the injury or whether your injury occurs as a result of your presence upon the premises regardless of purpose or activity at the time of the injury-causing incident.
Client agrees and covenants not to sue or otherwise attempt to hold the studio liable for any injuries regardless of the cause.
Client agrees to release, indemnify and hold the studio harmless against any and all claims arising out of the member’s presence upon the studio’s premises or those it occupies or those client used while following prescribed programs, including the use of the premises or programs by any family member or guest of the client regardless of cause.
This waiver and release agreement is intended to be as broad as is allowed under applicable law and applies to any and all claims for damages, regardless of whether they are allegedly caused by the negligence of the studio or its employees.
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) the studio’s improper maintenance of any exercise equipment or facilities, (c) the studio's negligent instruction or supervision, including personal training, (d) you slipping and falling while at the facility or on any portion of the premises or areas occupied by studio for any reason, including studio's negligent inspection or maintenance of its facility and occupied areas and (e) any other activity or equipment use while following a program directed by the studio.
Upon signing this Agreement and forever thereafter, you (Buyer, each member and all guests) agree that if you engage in any physical exercise or activity, use any studio facility, or are present on the premises studio occupies, you do so at your own risk and assume the risk of any and all injury and/or damage you might sustain, regardless of whether such injury or damage arises out of or during physical exercise. Your assumption of risk includes but is not limited to your use of any exercise equipment (mechanical or otherwise) or any other part or item in or around the studio facility or areas it occupies.
You agree to assume the risk of your participation in any activity, class, program, instruction, or studio-sponsored event. You agree that you are voluntarily participating in the aforementioned activities and assume all risk, known and unknown, associated with using the studio facilities, equipment and premises including, without limitation, any loss or theft of any personal property. You agree on behalf of yourself (and your spouse, all your, children, personal representatives, heirs, executors, administrators, agents, and assigns) to forever release and discharge studio and our owners, employees, agents, representatives, affiliates, successors, and assigns from any and all claims or causes of action (known or unknown) arising out of the negligence of studio, whether active or passive, or that of any of its 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) studio’s improper maintenance of any exercise equipment or facilities, (c) studio's negligent instruction or supervision, including personal training, (d) you slipping and falling while in the facility or any portion of the premises or areas it occupies for any reason, including studio’s negligent inspection or maintenance of its facility or areas it occupies, and (e) any injury resulting from following any studio program or plan.
By executing this Agreement, you hereby agree to indemnify and hold harmless studio from any loss, liability, damage, or cost studio may incur due to your presence at the studio facility or areas it occupies.
You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the law of the state in which this agreement is entered into, and that if any portion of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that the studio is designed to and does offer a service to its members encompassing the entire fitness spectrum. The studio is not in the business of selling, leasing or otherwise placing into the stream of commerce weight lifting equipment, exercise equipment, or other such products, and the use of any such items is incidental to the service provided by the studio.
Additionally, by signing below you understand your trainer is not a physician or psychologist, and the scope of her consultation services does not include treatment or diagnosis of specific illnesses or disorders. If you, the client, suspect you may have an ailment or illness that may require medical attention, then you are encouraged to consult with a licensed physician without delay. Only a licensed physician can prescribe drugs. Any mention of drugs in the course of consultation is only for the purpose of providing a complete history of drugs that the client is taking and not for trainer to judge the appropriateness of the medication. Any change in prescription or dosage is a decision the client makes with his or her physician.
Rather than dealing with treatment of disease, your trainer focuses on wellness and prevention of illness through the use of non-toxic, natural nutritional therapies to achieve optimal health. She/he primarily educates and motivates clients to assume more personal responsibility for their health by adopting a healthy attitude, lifestyle, and diet.
While people generally experience greater health and wellness as a result of embracing a healthier attitude, lifestyle, and diet, 5:17 Total Body Transformations does not promise or guarantee protection from future illness.
By signing below, you acknowledge that you understand that your trainer is a health consultant and not a physician, and that you should see a doctor if you think you have a medical condition. 5:17 Total Body Transformations will not be held liable for failure to diagnose or treat an illness, nor be liable for failure to prevent future illness.
Additionally, you promise to give your trainer a complete and accurate account of any medical conditions that you may have and any medications that you are taking.