ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
DECLARATIONS: This Agreement is entered into between personal trainer Lina Duseviciene (“Trainer”) and the undersigned (“Client” The provision of personal training services by Trainer to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns.
Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment.
You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavour.
You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns.
This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment,
premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to you.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
You acknowledge that Trainer offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer.
You acknowledge and agree that Trainer does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement.
You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against trainer for trainer’s negligence, or for any defective product used while receiving personal training from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
1. Membership Types & Access
• Your membership gives you access to our scheduled small group training sessions.
• We keep our sessions small so you get personalised coaching and plenty of attention.
• Functional Fitness classes are available on a monthly subscription.
• Olympic Weightlifting classes are offered in blocks of 4 or 8 sessions, or you can also join with a drop-in fee.
2. Booking & Cancellations
• To save your spot, please book your sessions in advance using our booking app or online system.
• If you’d prefer, you can be permanently booked into a regular class time each week, just let us know! In this case, don’t forget to cancel through the app or online if you can’t make it.
• Life happens! Just cancel at least 12 hours before your session to avoid losing the session or incurring a fee.
• Late cancellations or no-shows may result in the session being deducted or a small fee applied.
3. Payments & Renewals
• Memberships are billed monthly unless otherwise arranged.
• Payments are non-refundable and non-transferable.
• If a payment doesn’t go through, we kindly ask that it be resolved within 7 days to keep your access active.
• Olympic Weightlifting block bookings: 4-session blocks are valid for 2 months
and 8-session blocks are valid for 3 months.
• Any unused drop-in session fee can be applied within 6 months of purchase.
4. Freezes & Holds
• Members may freeze their membership for up to 4 weeks per calendar year if they are away for 10 consecutive days or more.
• Please give us at least 7 days’ notice and make the request in writing.
• Freezes aren’t applied retroactively and are best aligned with your billing cycle.
5. Attendance & Studio Etiquette
• Try to arrive about 5 minutes early so you’re ready to go and don’t miss anything.
• To keep things running smoothly, we may not be able to let you join if you’re more than 5 minutes late.
• We appreciate everyone treating the space, equipment, and each other with care and respect.
• If you miss a session and gave proper notice, you’re welcome to make it up within a month as an extra session alongside your regular schedule.
6. Safety & Medical Info
• For your safety, we ask all members to complete a health waiver and PAR-Q form before starting.
• If you have any medical conditions, a quick note from your doctor might be
required.
• If you experience any new or changing medical condition, please inform us and provide a doctor’s clearance confirming it is safe for you to take part in physical activity.
7. Membership Changes & Cancellations
• If you need to cancel your membership, just give us 14 days’ written notice before your next billing date.
• We’ll always give you a heads-up if there are any updates to our policies.
Thank You!
We’re so glad to have you as part of our training community.
Our mission is to help you move better, feel stronger, and reach your goals in a supportive, empowering environment.
Let us know if you ever have questions, we’re here for you!
16. Are you taking medication?
18. Are you currently pregnant?
20. Any high risk factors?
22. Do you suffer from chronic pain?
26. Have you had any orthopaedic injuries?
30. Has your doctor ever said you have a heart condition and that you should only do physical activity recommended by a doctor?
31. Do you feel pain in your chest when you do physical activity?
32. In the past month, have you had a chest pain when you were not doing physical activity?
33. Do you lose you balance because of dizziness or do you ever lose consciousness?
34. Do you have a bone or joint problem (for example, back, knee, hip) that could be made worse by a change in your physical activity?
35. Do you suffer from any social or behavioural issues due to neurological diverse conditions such as Autism, Attention Deficit, Bipolar or Aspergers Syndrome?
37. Do you have any allergies or sensitivities?
39. Do you know of any other reason why you should not do physical activity?
