PLEASE FILL out these 3 forms before your first session
Release and Waiver Agreement
In consideration for the personal training programs and services that I will receive through the program offered by Best Day LLC, I (“Client- Name Below”), for myself, and for my agents, assigns, personal representatives, estate, and heirs, agree as follows:
1. Client hereby acknowledges and agrees that Client is aware that participation in strength, flexibility and aerobic exercises and use of exercise equipment and machinery in connection with such exercises can be strenuous and potentially hazardous, and the risks inherent in such activities can result in serious personal injury or death. With any type of vigorous high-level physical exercise, there is the possibility of risk occurring. These risks include fainting, irregularities in heartbeat, and in exceptional cases, heart attack and sudden death. In addition, the stresses on the musculoskeletal systems may cause tendon and muscular injury ranging from stiffness and sore muscles and tendons through to muscular tears and bone fracture. Client acknowledges that Client should consult with a physician prior to participating in any exercise or using any exercise equipment or machinery. Client further acknowledges that this Release and Waiver Agreement constitutes “informed consent” of the risk associated with physical training.
2.Client hereby represents to Best Day LLC. That Client is in good health and physically capable of participating in the described activities, and Client does further hereby represent to Best Day LLC. That Client will use good judgment in engaging in the described physical activities and in using the equipment and machinery provided as part of the instruction and that Client will follow the Instructions provided by Best Day LLC and its agents or employees.
3.Client hereby agrees to assume and accept the risk incidental to participating in the described activities and the use of the equipment and machinery provided as part of the instruction, including but not limited to those risks set out above, and Client does hereby assume and accept the risk that Client will follow the instructions provided by Best Day LLC and its agents or employees. Client permits Best Day LLC agents and employees to render immediate first aid should become in need of immediate assistance before the arrival or paramedics.
4.Client does hereby forever release, waive, and discharge Best Day LLC, its agents or employees, from any and all liability, claims, actions, suits, damages, costs or expenses, and demands of any nature arising out of or in any way connected with Client’s participation in the exercise activities and programs of Best Day LLC, as well as the use of Best Day LLC’s facilities equipment and machinery.
5.Client further agrees to indemnify and hold harmless Best Day LLC and its agents or employees, against any and all liabilities, claims, actions, damages, costs or expenses, including but not limited to attorney’s fees and attorney’s fees on appeal and disbursements.
6.Client understands and agrees that this Release and Waiver Agreement waives any claims based in whole or in part on the negligence, actions, or omissions of Best Day, LLC and its agents or employees, and Client waives any claims for bodily injury, death, or property damage whether suffered by Client before, during, or after participation in Best Day LLC’s exercise activities and programs, as well as the use of Best Day LLC’s facilities, equipment, and machinery.
7.Client hereby agrees and covenants not to sue Best Day LLC and its agents or employees for any reason arising from Client’s participation in the exercise activities and programs of Best Day LLC, and/or arising from the use in whole or in part of Best Day, LLC’s facilities, equipment, and machinery.
THIS RELEASE AND WAIVER AGREEMENT IS A LEGALLY BINDING CONTRACT. BY SIGNING IT, I AGREE THAT I HAVE READ IT, UNDERSTAND IT, OR I HAVE ASKED QUESTIONS ABOUT ITEMS I DID NOT UNDERSTAND AND THE QUESTIONS WERE ANSWERED SO I DO UNDERSTAND.