Liability Waiver

  • Peak Human Performance
    assumption of risk, waiver, and indemnification agreement
  • Legal Guardian / Emergency Contact
    1. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK. I acknowledge that personal training is a Fitness Program activity offered by Peak Human Performance (Here in referred to as PHP) including its affiliates, subsidiaries, owners, operators, employees, agents, vendors and volunteers (collectively “PHP”).  I understand and agree that there are risks of significant injury, whether caused by me or someone else, by participating in Fitness Program activities, whether on or off PHP premises, including but not limited to my participation in any PHP personal training session, including off-site personal training, individual fitness training session, individual nutrition session, group training program, fitness program assessment or any other Fitness Program activity, sports team rentals or special events.  I understand and agree that participating in Fitness Program activities involves many risks and hazards, some of which are inherent to the very nature of the activities themselves, others of which may result from the negligence of PHP employees, members, other Fitness Program participants, trainers, coaches or any persons encountered while participating in any Fitness Program activity, including but not limited to falling for any reason, as well as dangers arising from equipment failure, malfunction, defect, or misuse, whether or not caused by improper instruction or lack of supervision.  I agree that if I believe conditions are unsafe or that I am physically or mentally unable to complete any part of my Fitness Program activity without sustaining any injury, harm or damage, I will immediately discontinue participating in such Fitness Program activity.  I understand and agree that these risks may result in injury, harm or damage, including but not limited to economic, property, emotional, mental, physical or any other type of damage, including but not limited to sprains, torn muscles or ligaments, broken bones, strokes, heart stress, heart attacks, paralysis, disfigurement, death, or other forms of pain or suffering.  I fully understand, voluntarily accept, and specifically assume responsibility for these risks of injury and all other risks of injury associated with my participation in any Fitness Program activity, whether occurring on or off PHP premises.
    2. WAIVER OF LIABILITY AND INDEMNIFICATION. I agree to release and discharge from all liability, and waive all claims, demands and actions against PHP for any and all injuries, harms, or damages sustained in connection with my participation in any Fitness Program activity resulting from the negligent acts or omissions of me, PHP, PHP members, clients, other participants of any Fitness Program activity, coaches or trainers associated with any Fitness Program, or any persons encountered while participating in any Fitness Program activity. I agree to defend, indemnify and hold PHP harmless against any and all claims brought by anyone against PHP related to such injuries, harms or damages, including but not limited to payment of PHP reasonable attorneys fees and costs incurred in defending a claim demand or action waived herein.
    3. PERMISSION OF USE: As the signee of this form I agree to allow PHP to use images and videos of myself and/or my dependents for which I am signing for any and all of the following: social media, marketing, website content and promotional purposes.
    4. GOVERNING LAW. Program terms and conditions shall be governed by the laws of the great state of Ohio without giving effect to the conflict of laws principles thereof. Any disputes relating thereto shall be brought to the courts of Franklin County, Ohio.
  • I have read the above thoroughly and understand the terms. Participation in any fitness program activity as well as my agreement to the foregoing are both purely voluntary and I elect to do so in spite of the risks.

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