BODY ARC PERSONAL TRAINING WAIVER AND RELEASE AGREEMENT

READ COMPLETELY BEFORE SIGNING

1. TYPES OF ACTIVITIES. I hereby acknowledge that my participation in the personal training activities, events or programs offered or provided by Body Arc may involve activities which include, but are not limited to, the following: stretching, weight-lifting, running, jumping, cycling, stepping, strength training, and boot-camp training. Such activities may also involve the use of various types of strength and conditioning equipment which include, but are not limited to, the following; medicine ball, stationary exercise bicycle, hand weights, free weights, weight machines, a step, resistance band, jump rope and/or strength and conditioning equipment. Collectively the aforementioned activities are referred herein as “Body Arc Activities.” 

2. RISK OF INJURY. I understand that my participation in Body Arc Activities may expose me to risks of serious bodily or personal injury, including injury that may be fatal, resulting from any one or more of the following; injury from tripping and falling, foreseen and unforeseen inclement weather, cuts, abrasions, and puncture wounds, broken bones, latex and or other allergic reactions, muscle strains and sprains, concussions, loss of consciousness and heart attack. In addition, I understand that I may be exposed to other risks which may not be foreseeable. I’ve been informed and understand that there are inherent risks and dangers involved in this activity. I knowingly and freely assume any and all such risks and voluntarily participate in Body Arc Activities. I understand that it is my responsibility, as a participant, to engage only those activities for which I have the pre- requisite skills, qualifications, appropriate medical health, preparation and training. 

3. INSTRUCTIONS AND RULES. I acknowledge that I must follow the instructions of Trainer at all times. I agreed to comply with all of such instructions in all rules and regulations posted within Body Arc or otherwise reasonably distributed regarding the use of facilities and equipment. I will conduct myself in a controlled and reasonable manner at all times, and refrain from using any equipment in a manner inconsistent with its intended design and purpose. 

4. INSURANCE COVERAGE. I understand that neither Body Arc nor Trainer provides insurance coverage for my participation in Body Arc Activities and that it is strongly recommended that I obtain my own accident and health insurance prior to participating. 

5. PERSONAL PROPERTY. I understand and agree that neither Body Arc nor Trainer is responsible for any personal property belonging to me that is lost, stolen, or damaged while in, on, or about the Body Arc. 

6. RELEASE. In consideration of my participation in Body Arc Activities, my use of Body Arc’s equipment and facilities, and the training services provided by Trainer (who I acknowledge is an independent contractor of the Club), I, on behalf of myself, my spouse (if any), my heirs, successors and assigns, hereby release, discharge, and agree to indemnify, defend, and hold harmless the owner(s) of Body Arc, its affiliates, and their respective officers, members, managers, employees, agents, insurers, successors, and assigns, as well as Trainer, from any and all claims, liability (including, but not limited to, court costs and reasonable attorneys’ fees), demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out of my participation in Body Arc Activities use Body Arc’s equipment and facilities, and interaction with Trainer. By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or be caused by my action or inaction. 

7. RELIANCE. Body Arc, Trainer, and the other persons, companies or organizations released will have the legal right to rely fully on all statements, agreements and promises that I make in this waiver and release (“Release”). This Release is binding on my executors, administrators, successors and assigns, as well as upon me. 

8. CERTIFICATION. I hereby certify that I am of legal age, that I have every right to contract in my own name, and I have read or have had read to me each and every word of this Release prior to its execution and I’m fully familiar with the contents thereof. IF UNDER 18 YEARS OF AGE, THE SIGNATURE OF A PARENT OR GUARDIAN IS REQUIRED.