PRE/POST-NATAL FITNESS WAIVER, RELEASE AND INDEMNITY AGREEMENT
This is a waiver and release agreement for an (Kaylee Davis Fitness LLC) client and her unborn or recently born child or children (hereinafter “Agreement”). Collectively the (Kaylee Davis Fitness LLC) client and born or unborn children are referred to in the Agreement as “Client.” Client desires to be a customer of (Kaylee Davis Fitness LLC) exercise and training program (“Moms in training”), subject to the terms and conditions determined herein this Agreement. (Kaylee Davis Fitness LLC) is a Florida limited liability company located at (Philadelphia Insurance Companies).
In consideration of being allowed to participate in the exercise and training program (“Moms in training”) of (Kaylee Davis Fitness LLC) via the third-party platform SugarWod, in-home training sessions, or training sessions at third-party locations, in addition to the payment of any fee or charge, I do hereby agree to the following:
1. I understand that participation in any exercise program, while pregnant or immediately following a pregnancy, may increase the risk of injury to myself and, if applicable, my unborn child. I represent that I have consulted with my physician regarding my participation in the Program. My physician has informed me of the risks that I may encounter and has given me permission to participate in the Program. I understand that I would not be allowed to participate if said participation was against my physician’s orders.
2. I understand that the level of my participation in the Program and which exercises to perform must be determined by me, in consultation with my physician, and that the instructor is not responsible for the intensity of my participation.
3. I understand that the instructor is not a physician, nurse, or emergency medical technician, and that the instructor and Kaylee Davis Fitness LLC, by making this Program available, are not undertaking any responsibility regarding my medical condition(s). If my medical condition(s) should change (e.g. pain, bleeding, discharge and cramps), I will discontinue the Program and immediately consult my physician about continuing or resuming participation in the Program.
4. I freely, voluntarily and with such knowledge assume any and all risks associated with participating in the Program. I take full responsibility for the ramifications of my actions and physical condition in connection with my participation in the Program.
5. In the event the Program is conducted via an in-home training session or at a third-party location, the instructor will not inspect my or the third-party location’s equipment and does not know its condition. I take sole responsibility for use of my equipment or the third-party location’s equipment. Equipment may malfunction and injuries may result. I take sole responsibility to inspect any and all equipment I may use.
5. I hereby agree that for myself, my heirs, personal representatives, executors, administrators and assigns to release, indemnify and hold harmless (Kaylee Davis Fitness LLC), its respective directors, officers, agents and the instructors of the Program from any and all liability, claims, demands, personal injuries, costs, or expenses including, but not limited to, attorney’s fees arising from or relating in any way to my or my child’s participation in the Program to the fullest extent permitted under applicable law.
6. Should a provision of this Agreement or portion thereof be found invalid or void against public policy by any court of competent jurisdiction, the remainder of this Agreement shall nonetheless remain in full force and effect.
I hereby represent that I have carefully read, understand and agree to the contents of this Agreement and sign the same voluntarily and of my own free will.