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I am a voluntary participant in all training sessions with The MARK Total Body Wellness
Network, LLC (Here out referred to as The MARK). I am aware of the physical risks
involved with strenuous exercise and understand it is my personal responsibility to
consult with my doctor regarding my participation. I have no medical condition that
would prevent me from taking part in the training sessions with The MARK, and I
assume responsibility for any risk or injury I may sustain as a result of my participation.
In consideration for being allowed to participate, I further agree as follows:
1. Risk Factors. The undersigned understands and acknowledges that the use of the
fitness equipment, facilities, and instruction provided involves risks including, but
not limited to, risk of property damage and bodily injury, including, but not
limited to permanent disability, paralysis, and possibly death. These risks may
result from the use of the fitness equipment or facilities, from the activity itself,
from the acts of others, or from the unavailability of emergency medical care in
public while individually participating in an exercise that may be associated with
The MARK.
2. Assumption of Risk. The undersigned voluntarily assumes all risks that may
arise out of or result from the use of the fitness equipment or facilities, including
those risks described in Section 1 above.
3. Indemnify and Defend. The undersigned hereby releases, waives, indemnifies
and holds The MARK, its agents, servants, representatives, successors in interest
and assigns harmless to the extent allowed by law from any and all claims, causes
of action, suits, liability, losses, or damages for any property damage, property
loss or theft, personal injury, death, or other loss arising from or relating to the
undersigneds use of the property and/or facilities associated with The MARK
and/or the instruction received arising from my participation in the program. The release extends to all persons, firms, or corporations with whom The MARK may
be affiliated with in offering The MARK (hereinafter jointly referred to as
indemnitees).
4. Prerequisite Health and Ability. The undersigned acknowledges that he or she
has the requisite physical ability and health necessary to participate in the all
training sessions offered by The MARK. The undersigned agrees that if he or she
has any questions as to whether he or she can participate in the services provided
to participate, then he or she shall direct such questions to his or her personal
physician.
5. Waiver. The undersigned waives to the extent allowed by law the protection
afforded by any statute or law whose purpose, substance, and/or effect is to
provide that a general release shall not extend to claims, material, or otherwise
which the person giving the release does not know or suspect to exist at the time
of executing the release. This means, in part, that the undersigned is releasing
unknown future claims.
6. Representatives. The undersigned enters into this agreement for him/herself,
his/her heirs assign and legal representatives.
7. Jurisdiction. This Assumption of Risk, Waiver, and Release from Liability
The agreement shall be governed in all respects by the laws of the State of Ohio.
8. Severability. If any term, clause, or provision of this Assumption of Risk,
Waiver and Release from Liability Agreement is held to be illegal, invalid or
unenforceable, or the application thereof to any person or circumstance shall to
any extent be illegal, invalid, or unenforceable under present or future laws
effective during the term hereof or of any provisions hereof which survive
termination, then and in any such event, it is the express intention of the parties
that the remainder of this Agreement, or the application of such term, clause or
provision other than to those as to which it is held illegal, invalid or
unenforceable, shall not be affected thereby, and each term, clause, or provision of
this Assumption of Risk, Waiver, and Release from Liability Agreement and the
application thereof shall be legal, valid, and enforceable to the fullest extent
permitted by law.
9. Cancellation Policy. I agree that I will be billed for x number of sessions over
a specific time frame (2 weeks or monthly) in which it will be my responsibility
to make it to these x number of sessions in that time frame. If I am unable to
make it to any of the sessions over that time period, I will forfeit these sessions.
If things arise & a session needs to be rescheduled, we will attempt to reschedule
you but cannot guarantee availability. Coach Walpole is only at the gym around
scheduled times of other clients and these rescheduled sessions will need to be
aligned with this schedule.
For example, if you are billed for 6 sessions, over a two-week time period, it is
your responsibility to schedule 3 sessions in week 1 and 3 sessions in week 2.
Once scheduled, it is your responsibility to make it to these 6 sessions or they will
be forfeited.
10. Acknowledgment. The undersigned has read and fully understands this
agreement and realizes it relates to surrendering and releasing valuable legal
rights and does so freely and voluntarily.