Assumption of Risk, Waiver And Release Of Liability, Indemnity Agreement
DECLARATIONS: This agreement is entered into between the training and coaching service CMase Fitness and the Client. The provision of training and coaching services by CMase Fitness to Client, and Client's use of any programs, plans, coaching, or guidance, are contingent upon this Agreement.
ASSUMPTION OF RISK:You agree that by engaging in any Fitness Training and/or Nutrition Coaching you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer. This includes injury or damage sustained while and/or resulting from using any programs, plans, coaching, guidance, or equipment, including injuries or damages arising out of negligence of CMase Fitness, whether active or passive, or any CMase Fitness' affiliates, employees, agents, representatives, successors, and assigns.
Your assumption of risk includes, but is not limited to, your use of any fitness program, nutrition plan, coaching, guidance, and exercise equipment(mechanical or otherwise).
You assume the risk of your participation in any fitness program including, but not limited to weightlifting, jumping, running, jogging, aerobic activities, and stretching.
You assume the risk of your participation in any nutrition coaching including, but not limited to meal planning, meal tracking, dieting, recipes, coaching, and guidance.
You assume the risk of your participation in group/community interactions including, but not limited to messaging, photos, and videos.
You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss whether arising out of the negligence of CMase Fitness or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executioners, administrators, agents, and assigns) to release and discharge CMase Fitness (and CMase Fitness affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of negligence of CMase Fitness, whether active or passive, or any of CMase Fitness' affiliates, employees, agents, representatives, successors, and assigns.
This waiver and release of liability includes, without limitations, injuries which may occur as a result of your use of any fitness program, fitness equipment, nutrition plan, negligent coaching or guidance.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless CMase Fitness from any loss, liability, damage or cost CMase Fitness may incur due to the provision of Fitness Training and/or Nutrition Coaching by CMase Fitness to you.
ACKNOWLEDGEMENTS: 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 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 you have carefully read this waiver and release and fully understand that is a release of liability, express assumption of risk and indemnity agreement.
You are aware and agree that by signing up, purchasing, and participating in CMase Fitness services you are executing this waiver and release. With executing this waiver and release, you are aware and agree that you are giving up the right to bring legal action or assert a claim against CMase Fitness for CMase Fitness negligence while receiving Fitness Training and/or Nutrition Coaching from CMase Fitness. You have read and voluntarily agree to the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
All transactions will be made in the Trainerize App with Credit/Debit.
All purchases are final and Non-Refundable.
One-Time Payment: Clients will be charged once for products/services.
Recurring Payments: Clients will be charged on a recurring basis for the duration of the product/service until the client discontinues.
Clients are expected to be positive, polite, and respectful during group/community engagement.
Harassment of any kind will not be tolerated and will result in client removal and termination of services.
Negativity towards anyone based on race, color, religion, sexual orientation, sex, gender identity, national origin, or disability will not be tolerated and will result in client removal and termination of services.
Body Shaming of any kind will not be tolerated and will result in client removal and termination of services.
Clients are expected to give their best effort and adhere to the provided training/coaching. Lack of effort and adherence will result in the discontinuation of services.