DECLARATIONS: This Agreement is entered into between personal trainer and 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: There is inherent risk participating in any exercise program at any facility consisting the use of exercise equipment. By hiring Session 41 LLC, you assume the risks inherent in such activities, including injury during a prescribed session, injury resulting from the facility and its equipment, damage to personal property, damages resulting from the trainer’s associates, and any other damages associated with your time spent exercising or not exercising. Assumption of risk includes but is not limited to use of any exercise equipment, sports fields or courts, parking lots, stairs, sidewalks, exercise facility areas, saunas, pools, steam rooms, hot tubs, lobbies, or any other general areas. You assume risk by participating in any activity, instructional class, or fitness program including but not limited to strength training, walking, jogging, sprinting, cycling, indoor cycling, elliptical machines, treadmills, aquatic activities, and other recreational sporting or physical activity. You understand and agree that by participating in the aforementioned activities, both with and without the supervision of a trainer, you assume all risk of injury, illness, death, damage, or loss to personal property that could result, without limitation and whether or not arising from the negligence of a trainer or otherwise.

RELEASE: You agree on behalf of yourself (and all personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge the trainer(s) and affiliates, related entities, employees, agents, representatives, successors, and assigns from any and all claims or causes of action (known and unknown) arising out of the negligence of the trainer(s) and affiliates. This waiver and release of liability includes without limitation: injuries that may occur as a result of your use of any exercise equipment or facilities which may malfunction or break, improperly maintained exercise equipment or facility premises, negligent instruction or supervision included in personal training, travel to an from sessions, negligent hiring or retention of employees, and or slipping or falling during personal training or the reasonable premises, including anyone else’s negligent inspection of or maintenance the area.

INDEMNIFICATION: By execution of this agreement, you agree to hold the trainer and any affiliates harmless from any loss, liability, damage, or cost the trainer may incur due to the provision of personal training by the trainer to you.

ACKNOWLEDGEMENTS: 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 Florida, and that if any portion thereof in held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that the services offered by Session 41 LLC encompass the entire recreational and or fitness spectrum. Session 41 LLC is not in the business of selling fitness equipment or supplements to the public, and the use or recommendation of such items is incidental to the service provided, but use thereof is the client’s sole responsibility. You acknowledge that the trainer(s) 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. You acknowledge that you have carefully read through this waiver and release and fully understand that it is a release of liability, express assumption of risk, and an indemnity agreement. You are aware that by agreeing to this waiver and release, you are giving up your right to bring legal action or assert a claim against the trainer’s or trainers’ negligence, or for any defective product used while receiving personal training from the trainer(s). You agree that you have read and will voluntarily sign this waiver upon presentation at the initial consultation, agreeing that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.