Loading, please wait...
In consideration of my participation in and physical training with Clarke Athletics, LLC, and Cosmo Clarke individually (collectively, Clarke) and any and all activities related thereto (Activities), I, the Participant, or the Participants Parent or Guardian, all as defined above, acknowledge and agree that:
1. The risk of injury from the Activities or use of any training or other equipment provided by Clarke or by or at any location or facility at which Clarke conducts its training (Facility) is significant, including falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any of the Activities. I acknowledge that I have no physical impairments or illnesses that will endanger me or others;
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN OF PARTICIPATION IN THE ACTIVITIES AND USE OF THE EQUIPMENT OR TRAINING ITEMS (EQUIPMENT) AT THE FACILITY AND USE OF THE FACILITY, REGARDLESS OF WHETHER PARTICIPANT OR CLARKE SELECTS THAT EQUIPMENT OR FACILITY, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERS, AND I ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION;
3. I will comply with the stated and customary terms and conditions for participation in the Activities at the Facility or use of the Equipment. If, however, I observe any unusual significant hazard during my presence or participation, I will remove themselves from participation and bring such to the attention of the nearest official immediately;
4. I, ON MY OWN BEHALF AND ON BEHALF OF MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, HEREBY RELEASE INDEMNIFY, AND HOLD HARMLESS CLARKE, THE FACILITY, AND THEIR OFFICERS, MEMBERS, OWNERS, OFFICIALS, AGENTS AND/OR EMPLOYEES, OTHER PARTICIPANTS, SPONSORING AGENCIES, SPONSORS, ADVERTISERS, AND IF APPLICABLE, OWNERS AND LESSORS OF THE FACILITY (RELEASEES), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW RELATING TO THE ACTIVITIES, THE EQUIPMENT, OR THE FACILITY, INCLUDING ANY CLAIMS AGAINST THE RELEASEES BY THIRD PARTIES OR BY PARTICIPANT(S) AGAINST THE RELEASEES, AND INCLUDING ANY ATTORNEYS FEES ARISING FROM THOSE CLAIMS;
5. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
6. I give full permission for any person connected with Clarke or the Facility to administer first aid deemed necessary to me, and in case of serious illness or injury, I give permission to call for medical and or surgical care for me and to transport me to a medical facility if deemed necessary for my well-being. If I am signing on behalf of a minor child, I also give full permission for any person connected with Clarke or the Facility to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the childs well-being of the child;
7. Any claim, cause of action, or request for monies or damages from Releasees must be commenced within one (1) year from the date on which any alleged claim first arose;
8. I expressly authorize Clarke and/or the Facility to take photographs and/or videotape of me or my minor child, and use them or their likenesses for any advertising, promotion, training, or product efforts by any method or device. Clarke owns all rights in said videotape and/or photographs.
9. I HAVE READ THIS WAIVER AND RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THE RESPECTIVE PARTICIPANT SHEET, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT, as evidenced by my signature set forth above.
1. Terms and Conditions. The parties agree to the following terms and conditions:
a. Client is engaging Company for personal training services to be provided by Companys Trainer(s).b. Personal Training sessions will last 60 minutes.
c. Trainer will create an exercise program geared to Clients fitness level and experience in order to meet Clients objectives.
d. Trainer will be assigned to Client by Company and is subject to change at any time. Client may request a new Trainer and Company will make every effort to accommodate if circumstances allow.
e. Client agrees to sign the attached Informed Consent and Assumption of Risk and Release of Liability.
f. Client agrees to inform Company and Trainer of any and all conditions, medical or otherwise, that may affect his/her ability to participate in Training Sessions.
2. Training Sessions. Training Sessions may include, but are not limited to, the following activities: testing of physical fitness; exercise; aerobics and aerobic conditioning; cardiovascular training; weight lifting and training; and stretching.
3. Training Package and Payments. Client is purchasing "As Selected by Client" Training Sessions at a rate of $_____ "As selected by Client" per Training Session. Client may pay for Training Sessions on a per session basis at the beginning of each session. Client may pay for all of the Training Sessions upon the execution of this Contract at a discounted rate of $______ "Set By Company". All Training Sessions must be used within 120 days of the Effective Date of this Contract. If Client wishes to purchase additional Training Sessions, the Parties will enter into an amendment to this Contract.
4. Cancellation of Training Session. Client shall provide twenty-four (24) hour notice of any necessary cancellation of a scheduled Training Session. Failure to provide twenty-four (24) hour notice shall result in Client being charged the full rate for the cancelled/missed Training Session. Company and Trainer will endeavor to also provide Client twenty-four (24) hour notice of any scheduled Training Session that may need to be cancelled; however, there may be instances where this is not practicable.
5. Indemnity. Client agrees to indemnify and hold harmless Company and its Trainer(s) for any injuries, illnesses, and the like experienced as the result of Clients Training Sessions.
6. Termination. Either Party may terminate this Contract upon thirty (30) days prior written notice to the other party. In the event of termination by either Party, Company shall refund Client all monies paid for any unused Training Sessions.
7. Warranties. While Company and its Trainer(s) fully believe exercise, specifically exercised personalized to Client, is beneficial to Clients health and wellness, Company and its Trainer(s) cannot guarantee the results of Training Sessions. Company and its Trainers make no representations and/or warranties that Client will lose weight, gain muscle mass, be able to engage in any specific physical and/or athletic activity, or will attain any other particular and/or specific results. Company and its Trainer(s) strongly encourage Client to follow a healthy diet in conjunction with personal training and continued exercise.
8. Entire Agreement. This document reflects the entire agreement between the Parties and reflects a complete understanding of the Parties with respect to the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered or supplemented except in writing signed by both Company and Client.
9. Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful party will be entitled to its legal fees, including, but not limited to its attorneys fees.
10. Legal and Binding Contract. This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Contract.
11. Severability. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
12. Waiver. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that partys right to subsequently enforce and compel strict compliance with every provision of this Contract.
13. Applicable Law. This Contract shall be governed and construed in accordance with the laws of the state where the Property is located, without giving effect to any conflicts of laws provisions. BY SIGNING BELOW, THE CLIENT ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS CONTRACT AND THAT THE CLIENT IS SATISFIED WITH THE TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT. THE CLIENT SHOULD NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THIS CONTRACT AT THE TIME YOU SIGN IT.
In consideration of my participation in and physical training with Clarke Athletics, LLC, and Cosmo Clarke individually (collectively, Clarke) and any and all activities related thereto (Activities), I, the Participant, or the Participants Parent or Guardian, all as defined above, acknowledge and agree that:
1. The risk of injury from the Activities or use of any training or other equipment provided by Clarke or by or at any location or facility at which Clarke conducts its training (Facility) is significant, including falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any of the Activities. I acknowledge that I have no physical impairments or illnesses that will endanger me or others;
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN OF PARTICIPATION IN THE ACTIVITIES AND USE OF THE EQUIPMENT OR TRAINING ITEMS (EQUIPMENT) AT THE FACILITY AND USE OF THE FACILITY, REGARDLESS OF WHETHER PARTICIPANT OR CLARKE SELECTS THAT EQUIPMENT OR FACILITY, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERS, AND I ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION;
3. I will comply with the stated and customary terms and conditions for participation in the Activities at the Facility or use of the Equipment. If, however, I observe any unusual significant hazard during my presence or participation, I will remove themselves from participation and bring such to the attention of the nearest official immediately;
4. I, ON MY OWN BEHALF AND ON BEHALF OF MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, HEREBY RELEASE INDEMNIFY, AND HOLD HARMLESS CLARKE, THE FACILITY, AND THEIR OFFICERS, MEMBERS, OWNERS, OFFICIALS, AGENTS AND/OR EMPLOYEES, OTHER PARTICIPANTS, SPONSORING AGENCIES, SPONSORS, ADVERTISERS, AND IF APPLICABLE, OWNERS AND LESSORS OF THE FACILITY (RELEASEES), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW RELATING TO THE ACTIVITIES, THE EQUIPMENT, OR THE FACILITY, INCLUDING ANY CLAIMS AGAINST THE RELEASEES BY THIRD PARTIES OR BY PARTICIPANT(S) AGAINST THE RELEASEES, AND INCLUDING ANY ATTORNEYS FEES ARISING FROM THOSE CLAIMS;
5. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
6. I give full permission for any person connected with Clarke or the Facility to administer first aid deemed necessary to me, and in case of serious illness or injury, I give permission to call for medical and or surgical care for me and to transport me to a medical facility if deemed necessary for my well-being. If I am signing on behalf of a minor child, I also give full permission for any person connected with Clarke or the Facility to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the childs well-being of the child;
7. Any claim, cause of action, or request for monies or damages from Releasees must be commenced within one (1) year from the date on which any alleged claim first arose;
8. I expressly authorize Clarke and/or the Facility to take photographs and/or videotape of me or my minor child, and use them or their likenesses for any advertising, promotion, training, or product efforts by any method or device. Clarke owns all rights in said videotape and/or photographs.
9. I HAVE READ THIS WAIVER AND RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THE RESPECTIVE PARTICIPANT SHEET, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT, as evidenced by my signature set forth above.