This General Liability Waiver and Release of Claims ("Agreement") is entered into by the undersigned individual ("Client") and HMB Personal Training ("Trainer") effective as of the date signed below.
Acknowledgment of Risks
I, the Client, understand and acknowledge that physical exercise and training, including but not limited to strength training, cardiovascular exercise, stretching, and other fitness-related activities (collectively, "Exercise Activities") involve inherent risks of injury, illness, or even death. These risks include, but are not limited to, muscle strain, joint injuries, and heart or lung-related issues. I voluntarily and knowingly assume all risks associated with participating in these Exercise Activities.
Release of Liability
In consideration for receiving personal training services from the Trainer, I, for myself, my heirs, executors, administrators, and assigns, hereby fully and forever release and discharge the Trainer, their agents, employees, contractors, and representatives from any and all claims, demands, or causes of action that may arise due to personal injury, illness, or damage sustained during or after participation in the Exercise Activities.
Medical Clearance
I represent and warrant that I am in good health and have no medical condition that would prevent me from participating in Exercise Activities. I understand it is my responsibility to consult with a physician before engaging in physical exercise or beginning a fitness program, especially if I have any pre-existing medical conditions, injuries, or concerns.
Indemnification
I agree to indemnify and hold harmless the Trainer and all related parties from any and all claims, losses, liabilities, costs, or expenses (including attorneys' fees) arising out of or in connection with my participation in Exercise Activities, including any injuries or damages resulting from my failure to follow instructions, from my own actions or negligence, or from any other cause related to my participation.
Assumption of Risk
I acknowledge that I have been advised of the risks involved in Exercise Activities and that my participation is entirely voluntary. I agree to accept full responsibility for my participation and any consequences arising from it.
Emergency Medical Treatment
In the event of an injury or medical emergency, I consent to the Trainer or their agents seeking emergency medical treatment for me, including contacting emergency services and arranging transportation to the nearest hospital if necessary. I accept full responsibility for any medical costs incurred as a result of such treatment.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of California, USA, without regard to its conflicts of law principles.
Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.
Entire Agreement
This Agreement constitutes the entire understanding between the Client and the Trainer concerning the subject matter and supersedes all prior or contemporaneous agreements, discussions, or representations.