Assumption of Risk

I, the undersigned participant, am aware that there are significant risks involved in any physical training regimen. These risks include, but are not limited to: falls and cardiac issues, which can result in serious injury or death due to negligence on the part of myself, employees or agents of Outlast Health and Performance, due to improper use or failure of equipment. Injury may also result simply from the physical training itself.

By its very nature, physical training seeks to have me push beyond my limits in order to produce a physical adaptation by my body. This requires feedback from me to my trainer regarding what is happening with my body. Excessive work can result (in rare cases) in exertional rhabdomyolysis. I should look for signs of excessive soreness, darkened urine, and pain in the kidney areas in the days following a particularly intense workout. While this type of injury is relatively rare, it can occur due to a number of factors, including (but not limited to) genetic predisposition or dehydration that maybe beyond the control of my trainer.

This Waiver and Release of Liability includes, without limitation, injuries which may occur as a result of first aid, emergency treatment, or any other services which are negligently rendered or failed to be rendered by released parties, emergency personnel, or Good Samaritans, or are negligently preventing a Good Samaritan from rendering first aid. I am aware that any of these above mentioned risks may result in serious injury or death to myself and/or my partner(s). I willingly assume full responsibility for any and all risks that I am exposing myself to, and accept full responsibility for any injury or death that may result from participation in any activity or class while training with Outlast Health and Performance, at all locations.

I, the undersigned, acknowledge that I have no physical impairments or pre-existing conditions or illnesses that I know of that will endanger others or myself.

Participant’s Health Warranty

The Participant warrants and represents that the Participant has no disability, impairment or ailment that prevents him/her from engaging in active or passive exercise, or that will be detrimental or adverse to such person’s health, safety, or physical condition if he/she does so engage or participate. The participant acknowledges and agrees that:

1) Outlast Health and Performance will rely on the foregoing warranty;

2) Outlast Health and Performance shall have no obligation to perform a fitness assessment or similar testing to determine the Participant’s physical condition;

3) If any fitness assessment or similar testing is performed by Outlast Health and Performance, it is solely for the purpose of providing comparative data with which the Participant can track progress in a program and is not for diagnostic purposes;

4) Outlast Health and Performance shall not be subject to any claim, demand, or injury whatsoever on account of the Outlast Health and Performance evaluation or interpretation of such fitness assessment or similar testing.

Each Participant should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing. Outlast Health and Performance will encourage the Participant to perform their exercises to the best of their ability; however, it is the ultimate responsibility of the Participant to determine their own performance level. Participant warrants that by signing this agreement they assume all risk due to any and all injuries sustained during the course of any and all classes at Outlast Health and Performance.

Photo/Video Release

I hereby grant Outlast Health and Performance permission to use my photograph/video image in any and all publications for Outlast Health and Performance, including web site entries, without payment or any other consideration in perpetuity.

I hereby authorize Outlast Health and Performance to edit, alter, copy, exhibit, publish or distribute all photos and images. I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my photo appears. I waive any right to royalties or other compensation arising from or related to the use of the photograph or video images.

Indemnification

The Participant recognizes that there is risk involved in the types of activities offered by Outlast Health and Performance. Therefore, the participant accepts financial responsibility for any and all injuries that the participant may experience, or cause either to him/herself or to any other participant due to his/her negligence or in the normal course of workout activities.

I agree to indemnify and hold harmless Outlast Health and Performance, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by Outlast Health and Performance as the participant.