Liability Waiver and Release

I understand that physical exercise can be strenuous and subject to risk of serious injury and acknowledge that I have been advised to obtain a physical examination from a licensed physician prior to beginning any exercise or personal training. I agree that by participating in these physical exercise sessions or personal training or fitness coaching activities I do so entirely at my own risk. I have completed a health history questionnaire and I intend my responses thereto become part of this liability waiver and release.

I understand that the use of RetroFIT Training Center (RFTC) facilities, and to participate in RFTC classes and programs at the facility or at sponsored events outside the facility is at my own risk. This includes, without limitations: a. use of all amenities and equipment in the facility and at off-site locations and participation in any activity, classes, program, personal training, fitness coaching, or instruction; b. the sudden and unforeseen malfunctioning of any equipment; c. our instruction, training, supervision or dietary recommendations. This assumption of risk further includes the possibility of the presence of, or transmission of any bacteria, viruses, or infectious diseases.

I agree that I am voluntarily participating in these activities and the use of these facilities and premises and assume all risk of injury and/or illness.

I expressly agree to release and discharge RetroFIT Training Center LLC itself, all members of the LLC and company, my personal trainer, fitness coach, instructor, acts or omissions of third parties including but not limited to customers, contractors or employees of RFTC from any and all claims, causes of action, or damages for personal injury or property damage, including attorney fees. I also agree to indemnify, protect, defend and hold harmless the released parties from and against all liabilities, claims, actions, damages to my person or personal property, including attorney fees.

Additionally, you understand that RFTC will occasionally photographs/videotapes client events/sessions and you consent your approval for RFTC to use these images or video in any and all media for promotional purposes with no financial or other remuneration due to you.

I acknowledge and understand that RFTC is not a medical, nursing, rehabilitative or physical therapy provider and that RFTC is not licensed under the laws of the State of New Jersey or any other jurisdiction to provide the aforementioned services to its clients. I understand this without regard to whether I was referred to RFTC by a licensed physician or medical provider as set forth above or not. I understand that RFTC is in the business of training athletes and not healing them. Accordingly, I understand that RFTC does not in any way guarantee that if I have a pre-existing injury of any kind be it physical, mental or emotional that RFTC training will heal that condition. I also understand that in this regard that RFTC shall not be responsible to me or my dependents if I aggravate any pre-existing condition as defined previously in this paragraph or sustain any new injury at RFTC whether I have deviated from the instructions of my RFTC trainer or not. I understand that injury is an inherent risk in athletic training. As such I assume all of the risk of injury contemplated by this paragraph in addition to the assumption of risk I have agreed to elsewhere in Liability and Waiver form. Thus, I release, Discharge, Indemnify and Hold Harmless RFTC and its agents, and employees in the manner more specifically set forth in the fourth paragraph of this Liability Waiver and Release form from any claim and lawsuit whatsoever contemplated by this paragraph.

Additionally, I waive and disclaim all liability against RFTC and its agents and employees of any kind pursuant to the reasons set forth in this fifth paragraph of this Liability and Release form and in the manner more specifically set forth in the sixth and following paragraph of this Liability and Waiver Form.

I have read this waiver and release, and fully understand its terms. I expressly agree to release and discharge RetroFIT Training Center, all affiliates, employees, contractors, agents, representatives from all liability and waive any right to bring legal action against the organization for any and all acts or omissions including but not limited to negligence, intentional torts, strict liability, breach of warranty and personal injury or property damage or loss.
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