HEALTH WARNING AND LIABILITY DISCLAIMER:
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.
NOTHING STATED OR POSTED ON THE EVOLVINGALPHA.COM AND EVOLVINGALPHA SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.
YOUR USE OF THE EVOLVINGALPHA.COM AND EVOLVINGALPHA SERVICES IS AT YOUR OWN RISK.
EVOLVINGALPHA.COM AND ANYONE ASSOCIATED WITH EVOLVINGALPHA.COM SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE EVOLVINGALPHA.COM AND EVOLVINGALPHA SERVICES.
I enter into this Agreement by and between The Bayley Body L.L.C. also doing business as Evolving Alpha, which will be providing services through its employees (hereinafter referred to as “Trainer”). Client has requested that Trainer conduct Client’s coaching program online or at any other location, (hereinafter referred to as “Location”), with said Coaching session to be provided pursuant to the fee schedule herein, and Trainer agrees to provide said Training sessions subject to Client’s agreement to the following additional terms and conditions as follows:
ASSUMPTION OF THE RISK: I am aware that all activities associated with receiving personal training instruction and/or lifestyle coaching from Trainer including, but not limited to activities involving aerobic exercise, stretching exercise, running and weight lifting, as well as nutrition advice, and additional strenuous exercise and/or exertion of strength, and other sustained physical activities which place stress on the cardiovascular and muscular systems (collectively referred to herein as “Training”), are and can be hazardous activities that include certain risks and dangers, including but not limited to, injuries, including paralysis, sprains, strains and other. I VOLUNTARILY ACCEPT FULL RESPONSIBILITY OF ALL RISKS INVOLVED, INCLUDING RISKS FROM PARTICIPATING IN ANY WAY IN THE TRAINING USE OF EQUIPMENT PROVIDED BY THE TRAINER OR USE OF EQUIPMENT I PROVIDE, WHETHER THE TRAINING OCCURS AT THE STUDIO, MY HOME, OFFICE OR ANY OTHER LOCATION.
WAIVER: In consideration of my participation in the training provided by Trainer I, for myself, my heirs, executors, administrators or assigns, do hereby release, waive, discharge and covenant not to sue Trainer and/or its members, managers, officers, directors, agents, employees, and affiliated entities (Hereinafter referred to as “Releases”) from liability, from any and all claims, including the negligence of Trainer resulting in personal injury, accident or illnesses and property loss arising from, but not limited to, participation in the training and use of facilities, premises or equipment wherever located and by whomever provided. In further consideration for the right to use equipment provided by Trainer or equipment at another location, I acknowledge and agree that Trainer has not inspected the equipment at the Location or the suitability of the area for the training. I expressly release, hold harmless, discharge and indemnify (Including costs and attorney’s fees) Trainer and Releases for any loss, injury or damage from any cause, including negligence arising out of any Location, and/or arising out of the use of my equipment or equipment or facilities provided by Trainer.
SEVERABILITY AND JURISDICTION: I further expressly agree that the foregoing provisions in this Agreement are intended to be as broad and inclusive as permitted by the laws of the Louisiana and if any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I further acknowledge and agree that this Agreement shall be governed by and shall be construed in accordance with the laws of Louisiana.
INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD Trainer and all Releases harmless of any and all claims, actions, suits, procedures, costs, expenses, duties and liabilities, including lawyers’ fees brought as a result of my Training with Trainer and to reimburse Trainer for any such expenses incurred.
PHYSICIAN APPROVAL: I have represented to Trainer that I have either a) been given a physician’s permission to participate in the Nutrition and Training, or b) voluntary participate in the Nutrition and Training and all risks related to the Nutrition and Training without the approval of my physician(s). I represent that I am not aware of any medical or physical condition that would prevent me from participating in the Nutrition or Training or from using equipment or facilities which pose a serious health risk to me. I further acknowledge that Trainer has relied on my statements as being accurate and complete, as a condition to entering into this Agreement. Trainer’s coaching is in no way a substitute for medical advice. It is my responsibility to seek medical advice or attention when needed. I further acknowledge and agree that I am not obligated to participate in any Training that I do not wish to participate in. I will inform Trainer immediately if I do not wish to participate in any specific Training.
NAME AND LIKENESS RELEASE: I understand that Trainer, may photograph or video me prior to, during the delivery of Training, or at the completion of Training and I agree to allow Trainer to use photographs and videos of me, as well as, name and likeness for promotional purposes. If you do not wish to have any of your photos used, simply provide that statement in written form to support@EvolvingAlpha.com.
COACHING PROGRAMS: I acknowledge that this specific contract, release of liability, consent, and agreement is continuously valid indefinitely. I understand The Bayley Body L.L.C. also doing business as Evolving Alpha has the right and the authority to terminate the program at any time, with no refund, if I do not follow the program or fail to conduct myself in an appropriate manner. I understand that appointments will begin and end promptly as scheduled. If I arrive late, I will be charged for the full session, even though I may not receive the full amount of time. I will not expect or ask my trainer to run overtime. We are not required to offer refunds for this or any of our products or services. FOR BILLING QUESTIONS: please email Support@EvolvingAlpha.com.