Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

 

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

Vitality Personal Training (“the Studio”) and Michael Ball (“the Trainer”) have put in place preventative measures to reduce the spread of COVID-19; however, the Studio and the Trainer cannot guarantee that you will not become infected with COVID-19. Further, attending the Studio could increase your risk of contracting COVID-19.

 

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending the Studio and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Studio and Trainer may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the Studio or the Trainer employees, volunteers, and program participants and their families.

 

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at the Studio or participation in Studio or Trainer programming (“Claims”). On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless the Studio and the Trainer, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Studio and the Trainer, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Workout sessions. 

I do NOT have a temperature higher than 99.2 degrees today. 

I do NOT feel sick. 

I do NOT have a cough or shortness of breath. 

I have NOT been in close contact (6 feet) for a prolonged period of time (10 min) with anyone who has tested positive for Covid within 48 hours after such person first developed symptoms within the last 14 days. 

No healthcare provider advised me that I am presumptively positive for Covid and I am not tested positive within the last 14 days. 

1. Client represents that he/she is in physically condition to start exercise/rehabilitation and is aware of no physical reason which would prohibit him/her from safely participating in a diet and exercise program.

2. Client understands that Michael Ball is not a medical practitioner. Client agrees or put him or her at risk from such participation to discuss any questions or concerns of health or ability to safely comply with the program, with client’s own physician and to report the results of such discussions, as well as the concerns, to Michael Ball immediately. 

3. Client agrees that all diet, exercise, and uses of facilities, are undertaken by client, at the sole risk of  client, and that no claims for any injuries or damages whatsoever to person or property of client arising out of the client’s participation in Michael Ball’s Exercise/Rehabilitation Program shall be made.

4. Client grants permission to be photographed or videotaped and grants permission to Michael Ball for online and print use to promote his business like on social media and other ways of advertisement. 

5. Client agrees to inform Michael Ball immediately when running late or if client needs to cancel or reschedule.

6. Client understands that a work out session can vary from 30 to 120 minutes depending on the type of workout.

7. Client agrees to turn off his/her phone while working out at the gym and to put away anything brought into the gym in a locker. 

8. Client agrees to pay $35.00 returned check fee in case of a bounced check payment and $25.00 for every week payment is late. 

 

My tardiness policy:

I have a very busy schedule; therefore time is very important to me. Please arrive at the gym a few minutes before your appointment time, so you have time to get ready. If you are late arriving for a training session, you may not get the full amount of time allotted for your workout.

For in-home clients, please be ready upon my arrival, so we can start your workout right away and I can leave on time for my next client.

My rescheduling and cancelation policy:

I operate on a scheduled appointment basis for all Private Training Sessions and I have limited selected clients. 

Client will pay for a full session for appointments cancelled with less than 12 hours prior notice. 

You may cancel or reschedule your appointment at NO charge with 12 hours or more prior notice. 

Please call or TEXT me as soon as you find out that you won’t be able to make your appointment. 

 

Payment options:

I accept payment in the form of Cash, Check, Credit Card, Venmo, PayPal, Apple Pay, Apple Cash and Square. 

Refund Policy:

Client agrees that all sales are final. No refunds. Refunds of unused pre-paid sessions are available for only the following two reasons:

1. Client notifies Michael Ball that client is canceling this agreement, prior to midnight of the first business day following the first personally supervised exercise session.

2. Client will be granted a pro-rata refund for sessions and services not performed effective within 72 hours after client has provided Michael Ball with a medical doctor’s written statement that client should not continue the sessions and services due to medical reason(s). 

Waiver & Release Form

 

1. In consideration of being allowed to participate in the personal fitness training activities and programs of Michael Ball and to use his facilities, equipment and services, in addition to the payment of any fee or charge, I do hereby forever waive, release and discharge Michael Ball and its officers, agents, employees, representatives, executors and all others acting on his behalf from any and all claims or liabilities for injuries or damages to my person and/or property, including those caused by the negligent act or omission of any of those mentioned or others acting on his behalf, arising out of or connected with my participation in any activities, programs or services of Michael Ball or the use of any equipment at various sites, including home, provided by and/or recommended by Michael Ball. 

 

2. I have been informed of, understand and am aware that strength, flexibility and aerobic exercise, including the use of equipment, are potentially hazardous activities. I also have been informed of, understand and am aware that fitness activities involve a risk of injury, including a remote risk of death or serious disability, and that I am voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death. 

 

3. I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in these activities or use of equipment or machinery. I do hereby acknowledge that I have been informed of the need for a physician’s approval for my participation in the exercise activities, programs and use of exercise equipment. I also acknowledge that it has been recommended that I have a yearly or more frequent physical examination and consultation with my physician as to physical activity, exercise and use of exercise equipment. I acknowledge that either I have had a physical examination and have been given my physician’s permission to participate or I have decided to participate in the exercise activities, programs and use of equipment without the approval of my physician and do hereby assume all responsibility for my participation in said activities, programs and use of equipment. 

 

4. I understand that Michael Ball providing and maintaining an exercise/fitness program for me does not constitute an acknowledgment, representation or indication of my physiological well-being or a medical opinion relating thereto. 

Note: Should any part of this agreement is found by a court of law to be against public policy or in violation of any state statute or case precedence, then the remainder of this document will remain in full force. 

I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL. 

Print Name: _____________________________________________

Date: _____________________

Signature: _______________________________________________