FitnAll & Adriana Albritton Fitness Services
1. ASSUMPTION OF RISK
I acknowledge and understand that participating in personal training and fitness activities provided by FitnAll and Adriana Albritton (hereinafter referred to as “Trainer”) involves inherent risks, including but not limited to:
- Strenuous physical exertion, including aerobic exercise, stretching, running, weightlifting, resistance training, and other high-intensity activities.
- Risk of serious injury, including but not limited to muscle strains, sprains, fractures, heart attack, stroke, paralysis, and even death.
- Potential aggravation of pre-existing medical conditions.
- Risks associated with the improper use of fitness equipment or failure to follow Trainer instructions.
- Risks associated with training in outdoor, public, or home settings, including environmental hazards.
I VOLUNTARILY ACCEPT FULL RESPONSIBILITY for all risks involved, including those arising from:
- Participating in any training session.
- Use of equipment provided by the Trainer or equipment I provide.
- Training in any location, including but not limited to the Trainer’s studio, my home, my office, or any other location.
2. WAIVER OF LIABILITY
In consideration of my participation in the fitness training provided by the Trainer, I, for myself, my heirs, executors, administrators, or assigns, hereby release, waive, discharge, and covenant not to sue the Trainer, FitnAll, Adriana Albritton, and any of their members, managers, officers, directors, agents, employees, contractors, and affiliated entities (hereinafter referred to as “Releasees”) from any and all liability, claims, demands, causes of action, or rights to compensation for damages, injury, or death resulting from:
- Negligence of the Trainer or Releasees.
- Personal injury, accidents, or illnesses arising from participation in training.
- Property loss or damage occurring during training or use of facilities.
- The use of facilities, premises, or equipment, regardless of location or ownership.
- The suitability of the area or equipment provided by the Trainer or another location.
I expressly agree to hold harmless, discharge, and indemnify (including covering costs and attorney’s fees) the Trainer and Releasees from any loss, injury, or damage (including death) that may arise due to my participation in training, even if due to negligence, except in cases of gross negligence or intentional misconduct.
3. SEVERABILITY AND JURISDICTION
I further expressly agree that:
- This agreement is intended to be as broad and inclusive as permitted by the laws of the State of New York and California.
- If any portion of this agreement is held invalid, the remaining portions shall continue in full legal force and effect.
- Any legal claims or actions shall be resolved in the state courts of New York or California, and I submit to the jurisdiction and venue of such courts.
4. INDEMNIFICATION AND HOLD HARMLESS
I agree to indemnify and hold harmless the Trainer and all Releasees from any claims, actions, suits, procedures, costs, expenses, duties, and liabilities (including attorney’s fees) arising from my participation in training. I agree to reimburse the Trainer for any expenses incurred in defending such claims.
5. PHYSICIAN APPROVAL & HEALTH DECLARATION
I affirm that:
- I have either received approval from a physician or voluntarily assume all risks related to training without such approval.
- I am not aware of any medical or physical condition that would prevent me from safely participating in training.
- I acknowledge that the Trainer has relied on my statements about my health as a condition for participation.
- I will immediately inform the Trainer if I choose to stop participating in any specific training activity.
6. PAYMENT TERMS & CANCELLATION POLICY
(This section applies only if payments are ongoing. Disregard if payment has been made in full.)
- The initial term of this Coaching Contract shall be for the agreed duration (the “Initial Term”) starting from the date this contract is executed.
- The first payment will be processed at the start of the program, with subsequent payments occurring approximately every 30 days.
- If the contract is canceled before completion, a $250 early cancellation fee will apply.
- After the Initial Term, the contract will automatically renew on a month-to-month basis at the same rate unless the client provides a termination notice at least 14 days prior to the next payment date.
- Electronic Funds Transfer (EFT) Payment Authorization:
- I authorize Trainer or its assigns to make automatic withdrawals from my account for training fees.
- I waive the right to receive prior notice for withdrawals made regarding unpaid balances or service charges.
7. INFORMED CONSENT & TECHNOLOGY USAGE
- I acknowledge that the Trainer is not a medical professional and does not diagnose, treat, or cure any conditions.
- I accept the risks associated with virtual/remote training (e.g., lack of supervision, potential injury, equipment issues).
- I understand that technology (email, text, phone, video calls) may have security risks, and I accept those risks when communicating with the Trainer.
8. RIGHT TO REFUSE SERVICE
FitnAll, Adriana Albritton, and their affiliates reserve the right to refuse or terminate training services at any time if:
- A participant’s behavior is inappropriate, unsafe, or non-compliant with training guidelines.
- A client fails to disclose medical conditions that could affect their safety.
9. ACKNOWLEDGMENT & AGREEMENT
By signing below, I acknowledge that I:
- Have read and understood this Liability Waiver and Release.
- Voluntarily accept all risks associated with fitness training.
- Agree that this waiver is binding and applies to all future training sessions.
