LIABILITY WAIVER, AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK
By participating in fitness activities, both online (application-based or live-stream) and in-person, including but not limited to: personal training, group fitness, events, workshops, and other programs (the “Activity”), with HOODFIT LLC (“HOODFIT”) I on behalf of myself, my heirs, executors, administrators, assigns, and/or personal representatives, knowingly and voluntarily enter into this agreement, acknowledge the inherent risk associated with the Activity, and assume all such risks.
I understand and am aware that strength, flexibility and aerobic exercise, including the use of exercise equipment (that either I own or am using during the Activity, whether or not owned by HOODFIT), are potentially hazardous activities, more so if in a virtual training environment. I will, at all times, use all reasonable efforts to ensure my own physical safety. I will comply with all stated and posted safety rules, and verbal instructions given to me by a HOODFIT instructor, regardless if the instructor is physically present or if I am receiving instruction online via virtual training or live-streaming. I also understand that fitness activities involve the risk of injury, and that I am voluntarily participating in these activities, and using equipment, knowing the dangers involved. I agree to assume full responsibility for any and all injuries which are sustained or aggravated by me in relation to the Activity, either training virtual or in-person, and with or without an instructor present and supervising.
I also understand that equipment used in fitness instruction can be dangerous if used improperly. I further agree that HOODFIT is not responsible for any injury I sustain due to defects or damages in equipment used while under the operation of HOODFIT, whether or not owned and/or mainlined by HOODFIT, or defect, damages, or lack of maintenance in my individually owned equipment, or equipment used not while under in-person direction from HOODFIT. In the event that any damage to equipment or facilities occurs as a result of my neglectful or reckless actions, or those for whom I am responsible, I agree to be held liable for any and all costs.
I declare myself to be physically sound enough to participate in an Activity with HOODFIT. I have not been advised by a medical doctor to avoid physical activity similar to that of an Activity and assume all responsibility and risk for participating in activities to which I have been advised against. I do not suffer from a condition, impairment, disease, infirmity or other illness that would prevent my participation, or use of equipment, except as noted by HOODFIT; in this instance the Activity will be modified accordingly. I will notify HOODFIT immediately of any change in medical condition, including pregnancy. I acknowledge and agree that if I am pre/post-natal, the Activity may increase the risk to me and, if applicable, my unborn child. In participating in the Activity, I assume all associated risks to myself, and if applicable, my unborn child.
I agree that if, during a Session or immediately after, I experience any symptoms such as shortness of breath, chest pain, unusual fatigue, dizziness or fainting, or extreme pain, whether or not I am under direct or physically present supervision of a trainer or instructor, I will immediately stop exercising. I authorize any representative of HOODFIT to obtain emergency medical treatment for me and, if necessary, including transportation to a hospital, urgent care, or other medical facility if needed. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment.
In consideration of my participation in the Activity, I agree to indemnify, release, and hold harmless HOODFIT against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including any related costs, and hereby waive any and all rights, claims, or causes of action of any kind whatsoever arising out or in connection to my participation in the Activity, and release and forever discharge HOODFIT its direct and indirect parent, subsidiary, affiliates and entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to, that I may suffer as a direct result of my participation in the Activity, including traveling to and from, or ingress or egress to the Activity.