DECLARATIONS: This Agreement is entered into between personal trainer

Coach Ron Fitness & Nutrition (“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 endeavor. 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.

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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

Maryland 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.

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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.

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