This Agreement is entered into between Athena Warrior Fitness, LLC d/b/a Athena Mobility & Strength and all Athena Mobility & Strength affiliates, related entities, employers, employees, agents, representatives, successors, and assigns (hereafter collectively, “AMS”) and the undersigned {name} (“Client”). The provision of personal training services by AMF 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, group classes, workshops/seminars 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 and whether or not you are under the supervision of a AMS coach or within a structured group/private training session.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 AMS or otherwise, including injuries or damages arising out of the negligence of AMS, whether active or passive, or any of AMS’s affiliates, related entities, employers, 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), dressing rooms, sidewalks, parking lots, stairs, 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 apparatus Pilates training, yoga, weightlifting, walking, jogging, running, aerobic activities, 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 AMS or otherwise. This agreement also includes any spouse, dependent, and/or other guest of studio.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge AMS (and AMS’s affiliates, related entities, employers, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) of AMS or any of AMS’s affiliates, related entities, employers, 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 AMS’s or anyone else’s negligent inspection or maintenance of the facility or premises.
COMMITMENT: By purchasing Private Training Sessions, Group Training Sessions, and/or Classes, Client is making a commitment to his/her health. Clients should follow the Program and instructions of AMS to the best of their ability to maximize results and better achieve their goals. Remember, the ultimate results are up to the Client: AMS will show Client how to work his/her muscles correctly and encourage him/her to go to his/her safe limit, but Client is the only one who can make sure s/he works out consistently, eats properly, gets plenty of sleep, and lives a healthy lifestyle. AMS warrants and/or promises no specific results.
SPECIFICS OF MEMBERSHIPS/CONTRACTS: AMS and Client shall agree upon the time, program type, content, and location of Training Sessions/Classes at the rate set forth in the designated contract agreement (see separate membership document agreement).
LENGTH OF SESSIONS: Training Session times will vary depending upon the structure and safety of the client(s). Private training sessions will last 40-50 minutes and may consist of any combination of supervised exercise, lifestyle coaching, and other discussion as pertinent to the client’s individual needs and goals. Group training sessions will last 45-50 minutes and will consist of supervised exercise coaching and lifestyle discussion as warranted within the group programming . AMS may opt to vary the length of Session(s) at his/her discretion.
PUNCTUALITY: Client shall be attired as discussed below and ready to train at the time specified by AMS and Client (start of scheduled group or private session time). Failure to be prepared to timely train may result in a shortened workout or possible cancellation of a Session if Client is more than twenty (20) minutes late. If Client anticipates running late, s/he should contact AMS as soon as possible. Clients who are participating in small group training are reminded to respect their fellow participants as delayed arrival to a group session will impact the ability of the session to proceed as scheduled.
ATTIRE: Client must wear comfortable workout attire in anticipation of movement that may involve breaking a sweat, getting up and down off the floor, and other exercises as determined by the program. Acceptable workout attire includes, but not limited to, clean t-shirts, shorts, tights, sweats, and/or tracksuits. Athletic shoes must be supportive and functional, although yoga socks and/or bare feet are acceptable for many exercises (this can be discussed with your coach and is based on your personal preference). Please do not hesitate to ask AMS for advice on what type of clothing and shoes are appropriate. *During wet or snowy conditions, please bring a dry pair of shoes to change into prior to your session to help protect our floors and maintain a clean environment for others.
STOPPING EXERCISES: Client may refuse or stop any exercise for any reason. It is Client’s responsibility to notify AMS of any discomfort or pain arising from or during exercise, as well as, any and all other known limitation(s) Client has or experiences so that AMS may accommodate Client and substitute another exercise to work that particular muscle group.
MINORS: Although we believe in the importance of leading by example, we must look out for the best interest of all Clients that are using the studio, especially in the interest of collective safety. Children below the age of fifteen (15) are not permitted to participate in Classes. Children aged fifteen (15) or over will be considered a Client and therefore must follow the regular package pricing and onboarding process, unless a session is specifically designated as open to the public.. Parents may bring their children to sessions with prior arrangement/discussion with AMS staff. Staff cannot provide supervision for any children during sessions, so please ensure that your child comes prepared to sit quietly with entertainment off the main floor. Children under 15 are not permitted to use any equipment. By signing this Agreement, Parent specifically waives his/her right on behalf of his/her minor child, to bring any legal action or assert any claim against AMS, its employees, entities, employers, affiliates, agents, representatives, successors, and assigns for AMS’s negligence, or for any defective product, and/or for any injury whatsoever resulting from the presence of his/her child on the premises of AMS.
PHOTOGRAPHS/VIDEOS: Client acknowledges that by signing this agreement, s/he is acknowledging and agreeing that s/he may be photographed and/or visually recorded by AMS for use in its website, marketing, or other promotional/business materials. If Client objects to his/her photograph/image being used in such a manner, s/he should so inform AMS. Client explicitly waives any and all claims for harm, liability, and/or compensation for the use of his/her photograph/image by AMS.
HOLD HARMLESS: Client shall hold harmless AMS from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever (including without limitation all claims for monetary loss, personal injury and/or wrongful death), arising out of, in any way whatsoever, any acts, omissions, or negligence on the part of AMS, its affiliates, related entities, employers, employees, agents, representatives, successors, and assigns.
ENTIRE AGREEMENT: This Agreement represents the entire agreement between the parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the parties related to such matters. Any amendments to this agreement must be made in writing, and signed by both parties.
ENFORCEABILITY, SEVERABILITY, AND REFORMATION: If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The intent of the Parties is to provide as broad an indemnification as possible under Pennsylvania law. In the event that any aspect of this Agreement is deemed unenforceable, the court is empowered to modify this Agreement to give the broadest possible interpretation permitted under Pennsylvania law.
APPLICABLE LAW: This Agreement shall be governed exclusively by the laws of Pennsylvania, without regard to conflict of law provisions.
BY SIGNING BELOW, YOU AGREE TO THE PRECEDING AND FOLLOWING TERMS:
** 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
AMS, its employees, entities, employers, affiliates, agents, representatives, successors, and assigns for AMS’s negligence, or for any defective product used while receiving personal training from AMS. You have read and voluntarily sign the waiver and release and further agree that no oral representations, statements, or inducements apart from the foregoing written agreement have been made.**
I am signing on behalf of my minor child.