Your participation in Max Fitness of Pennsylvania, LLC’s Personal Training class, event, or program, may involve activities which include, but are not limited to, the following: stretching, weight-lifting, running, jumping, kicking, boxing, kickboxing, yoga, indoor cycling, dancing, step aerobics, martial arts, strength training and boot-camp training. It may also involve training activities which use various types of strength and conditioning equipment which include, but are not limited to, the following: inflatable exercise ball, medicine ball, stationary exercise bicycle, hand weights, free weights, weight machines, a step, resistance bands, jump rope and/or other strength and conditioning equipment. Collectively, the aforementioned activities are referred herein as “Max Fitness Training.”
Your participation in Max Fitness Training may expose you to risks of property damage and bodily or personal injury, including injury that may be fatal, and any one or more of the following: injury from tripping and falls; foreseen and unforeseen inclement weather; cuts; abrasions and puncture wounds, broken bones; muscle strains and sprains; concussions; loss of consciousness; and heart attack. In addition, you may be exposed to other risks which may not be foreseeable. There are inherent risks and dangers involved in this activity. You assume any and all such risks and voluntarily participate in this activity. It is your responsibility, as the participant, to engage only in those activities for which you have the prerequisite skills, qualifications, preparation and training.
You must follow the instructions of the Max Fitness Training leader at all times. In addition, Max Fitness of Pennsylvania, LLC does not provide insurance coverage for your participation in the Max Fitness Training and that it is strongly recommended that you obtain your own accident and health insurance prior to participating.
In exchange for the use of equipment, materials, supplies and for being allowed to participate in this program, you release and forever discharge the Max Fitness of Pennsylvania, LLC, its officers, agents and employees from any and all claims, demands, rights, expenses, actions, and causes of action, of whatever kind, arising from or by reason of any personal injury, bodily injury, property damage, or the consequences thereof, whether foreseeable or not, resulting from or in any way connected with my participation in this activity. You agree that, in exchange for participation in Max Fitness Training, you will hold forever harmless and will not take legal action against Max Fitness of Pennsylvania, LLC, its members individually, and their officers, agents, and employees for any claim for damages arising or growing out of my participation in this activity whether caused by negligence or otherwise.
Furthermore, you acknowledge that you have reviewed the Physical Activity Readiness Statement (PARS) contained in this waiver. You represent that you have not experienced any of the seven conditions outlined in the PARS.
PHYSICAL ACTIVITY READINESS STATEMENT (PARS)
For most people, physical activity should not pose any problem or hazard. PARS is designed to identify the small number of individuals for whom physical activity might be inappropriate or those who should have medical advice concerning the type of activity most suitable for them.
If you have experienced any of the following, vigorous exercise must be postponed and it is required that medical clearance be obtained prior to participating in Max Fitness Training:
- Your doctor has said that you have heart trouble.
- You frequently suffer from pains in your chest.
- You feel faint or have spells of severe dizziness.
- A doctor has said that your blood pressure was too high.
- A doctor has told you that you have a bone or joint problem such as arthritis that has been aggravated or might be made worse by exercise.
- There is good physical reason not mentioned here why you should not follow an activity program even if so desired.
- You are over 55 and are not accustomed to vigorous exercise.
No judgment of your fitness level was exercised by Max Fitness of Pennsylvania, LLC in allowing you to participate in Max Fitness Training. In addition, you represent that you understand prior to exercising, it is recommended that you consult a physician if you are over 45 years (male) or 55 years (female) of age, have a known heart condition, have any of the major heart disease risk factors (high blood pressure, high blood cholesterol, diabetes, cigarette smoker, or family history of heart disease), are pregnant or severely overweight.
You hereby irrevocably consent to and authorize the use by Max Fitness of Pennsylvania, LLC to use the undersigned’s image and/ or likeness as follows:
Max Fitness of Pennsylvania, LLC shall have the right to photograph, publish, re-publish, adapt, exhibit, reproduce, edit, distribute, display or otherwise use or reuse any image and/or likeness in connection with any product or service in all markets, media or technology now known or hereafter developed. Images may become part of Max Fitness of Pennsylvania, LLC’s photograph file and it may be distributed to other organizations or individuals for use in publication without compensation in connection with the use of your image.