GYMGUYZ Participant Liability Waiver & Release

Stanford Executive Performance Program

First Name *

Last Name *

Phone *

Email *

Emergency Contact *

Emergency Contact Number *

By checking this box, I understand that my Stanford Executive Performance Program is designed to be a comprehensive physical fitness program and may consist of all or some of the following components: cardiovascular conditioning, strength training, core conditioning, postural/corrective exercise, balance/agility training, sport specific exercises and static/dynamic stretching. I understand that a regular exercise program has been shown to have definite benefits to general health and wellbeing. However, I also realize this physical activity and exertion may cause or aggravate a physical injury or medical condition.

By checking this box, I understand that no exercise program is without inherent risks regardless of the care taken by GYMGUYZ, LLC, its parents, affiliates, franchisees and any of their employees or contractors (collectively “GYMGUYZ”) and that my personal safety cannot be guaranteed. I realize that when participating in any exercises, particularly those that induce cardiovascular stress, there is a chance of injury (e.g., heart attack, stroke, other cardiovascular accidents, paralysis) or death. There may also be other risks not known or reasonably foreseen at this time. I am fully aware of and assume the risks and hazards incident to such participation and the associated damages or loss which I may sustain. I am voluntarily participating in the Fitness Program.

As valid consideration for: (i) participation in activities and exercises offered; and (ii) use of the equipment and other services offered (collectively, the “FitnessProgram”), I agree as follows:

I acknowledge that my participation is completely voluntary and I understand the potential physical risks.
I understand that certain physical touching may be necessary to ensure proper technique and body alignment and acknowledge that it is my responsibility to let my trainer know if I prefer not to be touched or adjusted.
I understand that the achievement of health or fitness goals cannot be guaranteed.
I have asked questions regarding any concerns I have and have had those questions answered to my satisfaction.
I am in good physical condition and have no impairment which might prevent my participation in the Fitness Program. I understand that it is my responsibility to consult with a physician prior to engaging in physical activity or participating in the Fitness Program, and to receive prior approval. I have not been advised by a health care professional to refrain from participating in strenuous activities. I understand that I am responsible for determining whether I am physically and medically able to participate or whether I should discontinue my participation in any physical activity at any time. I understand that GYMGUYZ assumes no duty to me to ensure my physical or medical ability to participate in any physical activity, whether before, during or after such activity. I agree not to participate unless I am medically able and have been cleared for exercise by my healthcare provider. I acknowledge that if I am pregnant or may be pregnant, it is my responsibility to consult my physician prior to participating in the Fitness Program.
I understand that any recommendation for changes in diet including the use of food supplements, weight reduction, and or bodybuilding enhancements products are entirely my responsibility and I should consult with my physician prior to undergoing any dietary or food supplement changes.
I understand that I should cease exercise immediately if I experience unusual discomfort and/or feel the need to stop for any reason.
I agree that I will not utilize any equipment provided in connection with the Fitness Program unless and until I have inquired about and understand the proper use and I will operate such equipment in strict accordance with instructions.
In the event of any emergency, I authorize GYMGUYZ to secure from any licensed hospital, physician, and/or medical personnel any treatment deemed necessary for my immediate care and agree that I will be responsible for the payment of any and all medical services rendered.
I understand, acknowledge and agree that a trainer will be assigned to me. In addition, I agree not to utilize the services of any trainer with whom I have met and/or used through my association with GYMGUYZ outside of that association.
I understand that my trainer and I shall agree upon the time, program type, content, and location of the Fitness Program sessions. I have been made aware that all sessions are 1 hour in duration and I will be charged the full session rate even if I request to have an abbreviated session of less than 1 hour.
I understand that I will receive a free re-assessment every fifteen (15) weeks. The first re-assessment will be conducted no earlier than fifteen (15) weeks after the first Fitness Program session.
I understand that I will not receive a refund or a credit for missed appointments, or for appointments which are canceled with less than twenty-four (24) hours’ notice. If my payments are not made in a timely fashion, I understand that the Fitness Program sessions may be suspended until my outstanding invoice is current.
I understand that I will receive a pro-rated refund on all monies pre-paid for unused training sessions if GYMGUYZ determines, in itssole discretion, that I am unable to safely continue with the Fitness Program or for any other non-discriminatory reason that does not involve fault on my part. Termination of this Agreement due to my inappropriate conduct such as my verbal or physical abuse, sexual or other harassment, or rude or discourteous conduct toward anyone associated with GYMGUYZ will not result in a refund.
I agree to allow myself to be filmed and photographed for GYMGUYZ marketing purposes, unless I otherwise request not to be, in writing. Fitness Program sessions may be filmed or photographed and used for promotional purposes on websites, social media, print or television ads and anywhere else necessary. I will not receive any compensation for the use of any photos or videos in which I appear.
I understand that information regarding how GYMGUYZ uses information provided to it can be found in the Privacy Policy on the GYMGUYZ website.
I, for myself and on behalf of my heirs, executors and administrators, forever release and discharge GYMGUYZ, LLC, its parents, affiliates and franchisees (including all of their past, present and future directors, principals, owners, subsidiaries, divisions, affiliates, agents, officers, employees and contractors) collectively (the “Released Parties”), of and from any and all liabilities, claims, demands and causes of actions (including reasonable attorney’s fees and costs) based upon personal injuries or illness (including death), damages or loss to myself and others, as well as property damage arising out of or relating to my participation, whether passively or actively in the Fitness Program, including but not limited to my use of any equipment or services and I agree not to bring any suits, claims, causes of action, demands or legal actions against the Released Parties. The release contained herein will be construed to apply to the greatest extent permitted by law and, if permitted by law, will apply even if any such injury or damage is caused in whole or in part by the Released Parties’ own negligence or the negligence or willful conduct of any other individual who is participating in the Fitness Program with me.
I, for myself and on behalf of my heirs, executors and administrators, agree to indemnify and hold harmless the Released Parties, against all actions, claims, demands, judgments, executions, debts, costs of litigation and attorney fees of every kind and nature whatsoever, which may in any way arise out of or result from my acts or omissions in connection with the Fitness Program. The indemnity contained in this paragraph will apply even if any such injury or damage is caused, in part, by the Released Parties’ own negligence.
In the event any provision of this Personal Training Agreement is found to be legally invalid or unenforceable for any reason, all remaining provisions will remain in full force and effect. In the event any provision of this document is found by a court of competent jurisdiction to exceed the limits permitted by any applicable law or to be invalid or unenforceable as written, such court(s) may exercise its discretion in reforming such provision(s) to the extent necessary to make it reasonable and enforceable.
It is agreed that all disputes, controversies, or claims shall be submitted to binding arbitration and decided on an individual basis, and not on a class-wide or multiple plaintiff basis or in an action where any party hereto acts in a representative capacity, unless prohibited by law. Any such arbitration shall be filed with the American Arbitration Association in accordance with its Consumer Arbitration Rules. It is understood that any such arbitration will be final and binding and that by agreeing to arbitration, the parties are waiving their respective rights to seek remedies in court, including the right to a jury trial. The parties waive, to the fullest extent permitted by law, any right they may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to this Personal Training Agreement whether based in contract, tort, statute (including any federal or state statute, law, ordinance or regulation), or any other legal theory.
It is expressly understood and agreed that: a party’s right to appeal or vacate, or seek modification of, the arbitration award, is strictly limited by law. Questions regarding the enforceability and scope of this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act. Otherwise, the terms of this Personal Training Agreement shall be governed by the laws of the State where I participate in the Fitness Program. Unless otherwise agreed by the parties, any arbitration will take place in the State and County where I participate in the Fitness Program. It is acknowledged and agreed that in any such arbitration, each party will be solely responsible for payment of his/her/its own counsel fees, and each party will pay their required share for the arbitration.
I understand that IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE FITNESS PROGRAM (HOWEVER ARISING, INCLUDING NEGLIGENCE). The laws of certain states or other jurisdiction may not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply and I may have rights in addition to those contained herein.

I have read and understand the above agreement and I am freely signing this agreement. I understand that I have the right to have an attorney of my choosing review and advise me as to the terms and conditions. I am aware that I will be charged for any cancelled appointments for which I do not provide at least 24 hours’ notice.

Clear

Date Signed *

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