Terms and Conditions for Use of Training Services and Website
Last Updated: February 20, 2018
DECLARATIONS: This Agreement is entered into between Smithtown Fitness, LLC (“Trainer”) and the user of any fitness training program or any product or services provided by Trainer (“Client”). The provision of personal training services by Trainer to Client, and Client’s use of any premises, fitness training programs, facilities or equipment are contingent upon this Agreement. Trainer is not a medical or health professional and we are not Doctors, nothing contained in Trainer’s products or services or website should be considered medical advice. If you have any questions or doubts regarding your health then please consult with a medical professional directly prior to using any of Trainer’s products or services or website. Trainer’s products and services and website are only intended for use by adults who are 18 years of age or older and within the United States of America (“USA”). By using Trainer’s products or services or website you certify that you are at least 18 years of age, living in the USA and do not have any existing medical conditions that would prevent you from safely participating in exercise and you herby agree to these terms just as if you had signed this agreement. These terms may change any time and without notice. An online and current copy of these terms can be found on this web page. If you do not agree to these terms then do not use Trainer’s products or services or website.
SECTION 1: ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter any premises or use any facility or equipment on any premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to you. ACKNOWLEDGMENTS: 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 New York and that if any portion thereof is held invalid, it is agreed that the balance shall,
notwithstanding, continue in full legal force and effect. You acknowledge that Trainer offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer. You acknowledge and agree that Trainer 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.
SECTION 2: PHOTO RELEASE
I hereby grant Trainer permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration.
I understand and agree that all photos will become the property of Trainer and will not be returned.
I hereby irrevocably authorize Trainer to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
I hereby hold harmless, release, and forever discharge Trainer all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
By using Trainer’s products or services or website or participating in fitness training provided or recommended by Trainer, you acknowledge that you are at least 18 years of age, agree to all the DECLARATIONS and have carefully read this waiver and agreement and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by use of this fitness training program, or any products or services provided by Trainer, you are agreeing to this waiver and release and you are giving up your right to bring a legal action or assert a claim against trainer for trainer’s negligence, or for any defective product or service or training program used while receiving personal training from Trainer or following any fitness training program provided by Trainer. You have read and voluntarily agree to this waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. If you are not at least 18 years of age and / or do not agree with the DECLARATIONS or this ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY then do not use the program.
Last Updated: February 20, 2018
DECLARATIONS: This Agreement is entered into between Smithtown Fitness, LLC (“Trainer”) and the user of any fitness training program or any product or services provided by Trainer (“Client”). The provision of personal training services by Trainer to Client, and Client’s use of any premises, fitness training programs, facilities or equipment are contingent upon this Agreement. Trainer is not a medical or health professional and we are not Doctors, nothing contained in Trainer’s products or services or website should be considered medical advice. If you have any questions or doubts regarding your health then please consult with a medical professional directly prior to using any of Trainer’s products or services or website. Trainer’s products and services and website are only intended for use by adults who are 18 years of age or older and within the United States of America (“USA”). By using Trainer’s products or services or website you certify that you are at least 18 years of age, living in the USA and do not have any existing medical conditions that would prevent you from safely participating in exercise and you herby agree to these terms just as if you had signed this agreement. These terms may change any time and without notice. An online and current copy of these terms can be found on this web page. If you do not agree to these terms then do not use Trainer’s products or services or website.
SECTION 1: ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter any premises or use any facility or equipment on any premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to you. ACKNOWLEDGMENTS: 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 New York and that if any portion thereof is held invalid, it is agreed that the balance shall,
notwithstanding, continue in full legal force and effect. You acknowledge that Trainer offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer. You acknowledge and agree that Trainer 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.
SECTION 2: PHOTO RELEASE
I hereby grant Trainer permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration.
I understand and agree that all photos will become the property of Trainer and will not be returned.
I hereby irrevocably authorize Trainer to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
I hereby hold harmless, release, and forever discharge Trainer all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
By using Trainer’s products or services or website or participating in fitness training provided or recommended by Trainer, you acknowledge that you are at least 18 years of age, agree to all the DECLARATIONS and have carefully read this waiver and agreement and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by use of this fitness training program, or any products or services provided by Trainer, you are agreeing to this waiver and release and you are giving up your right to bring a legal action or assert a claim against trainer for trainer’s negligence, or for any defective product or service or training program used while receiving personal training from Trainer or following any fitness training program provided by Trainer. You have read and voluntarily agree to this waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. If you are not at least 18 years of age and / or do not agree with the DECLARATIONS or this ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY then do not use the program.
