ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
DECLARATIONS: In consideration of the provision of personal training and/or nutritional coaching services by Slimm Fitness Inc. (“Slimm Fitness”) and the undersigned (“Client”), the Client agrees to the following assumptions of risk, waiver and release of liability and indemnity in favor of Slimm Fitness:
ASSUMPTION OF RISK: As the Client, you agree that if you engage in any physical exercise or activity, including the provision of personal training or nutritional coaching services by Slimm Fitness, including the use of a facility or equipment, whether supplied by Slimm Fitness or not, 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 nutritional adjustment or not. This includes participation in the program offered by Slimm Fitness, which shall include any activity, class, program, instruction, or event, including but not limited to weightlifting, weight training, calisthenics, walking, jogging, running, aerobic activities, hockey, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. Your assumption of risk also includes any risks including but not limited to nutritional coaching, guidance, meal planning and other related activities.
Always consult a physician prior to beginning any exercise or diet program. Slimm Fitness is not a provider of licensed physicians or a medical provider, but rather offers certified Personal Training and Nutritional Coaching. In no way should the information provided by Slimm Fitness be considered medical advice, and at all times the advice of a medical professional should supersede recommendations from Slimm Fitness. Slimm Fitness assumes no responsibility for the improper use of, and self-diagnosis using, the information conveyed as part of my nutritional coaching or training programs.
The information contained in the nutritional coaching or training programs is provided for informational purposes only and is not meant to act as a substitute for the advice provided by your own physician, or other medical professional. Only you and your doctor can determine what is healthy, right or safe for you. If you fail to consult their physician(s) prior to starting a diet or exercise program with Slimm Fitness, you expressly assume the risk of any adverse effects. None of the information provided by Slimm Fitness is intended to be a treatment protocol for any disease or medical condition, but rather is offered to provide information, choices and suggestions regarding nutritional, diet and training support. The prior results reported by Slimm Fitness are not in any way guaranteed and may not occur in all individuals. Slimm Fitness provides its services on an “as is” basis and makes no representations or warranties of any kind with respect to its information, website, promotional materials, articles, blog posts, videos, nutritional coaching, fitness exercises, programs or any other information conveyed.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Slimm Fitness (and Slimm Fitness’s affiliates, related entities, employees, agents, contractors, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Slimm Fitness, whether active or passive, or any of Slimm Fitness’s affiliates, employees, contractors, 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, (e) incorrect or changing information regarding nutritional needs or requirements; 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 Slimm Fitness’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 Slimm Fitness from any loss, liability, damage, or cost Slimm Fitness may incur due to the provision of personal training by Slimm Fitness 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 Province of Alberta 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 Slimm Fitness offers a service to its clients encompassing the entire recreational, nutritional and/or fitness spectrum. Slimm Fitness is not in the business of selling weightlifting equipment, exercise equipment, nutritional supplements, or other such products to the public, and the purchase and use of such items is incidental to the service provided by Slimm Fitness.
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 Slimm Fitness’ 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. You confirm you have read and fully understand the need for me to consult with my own medical practitioners prior to beginning this or any new program.