Assumption of Risk
Indemnification and Hold Harmless Agreement
Acknowledgment of Risk
By signing the Assumption of Risk Form, I understand that personal training activity, strenuous physical activity, fitness and conditioning exercises, group fitness participation, and dieting or otherwise modifying eating habits (all referred to as “Personal Training Services” herein), by their very nature, present certain inherent risks to me and my property that cannot be eliminated regardless of the care the personal trainer may take to avoid them, including risks resulting from my own personal health condition(s). For instance, Personal Training Services may involve exertions of strength using various muscle groups, quick movements involving speed and change of direction, balancing, sustained physical activity that places stress on the cardiovascular system, and use of heavy equipment and/or complex machines maintained by myself or others that have the potential to malfunction or cause injury. I understand and acknowledge that the potential risks associated with Personal Training Services include, without limitation: (1) minor injuries such as scratches, bruises, aches, muscle strains, skin conditions or infections and sprains; (2) although rare, major injuries such as ligament damage, broken bones, joint or back injuries, concussions and heart attacks; (3) although extremely rare, catastrophic injuries including paralysis and death; and (4) property damage and/or monetary loss. I understand that Kroger Enterprises, LLC (dba Sozo Health and Fitness) strongly recommends that I consult with my personal physician and obtain appropriate health screenings prior to undertaking Personal Training Services. I agree to promptly advise Kroger Enterprises, LLC (dba Sozo Health and Fitness) of any health conditions that may impact my ability to engage in the Personal Training Services, including but not limited to heart conditions, pregnancy and injuries.
Assumption of Risk and Release of Claims
As a material condition to Kroger Enterprises, LLC (dba Sozo Health and Fitness) agreeing to provide me with Personal Training Services as I have requested, I expressly and voluntarily assume and take full and complete responsibility for all risks and losses associated with my engagement of Kroger Enterprises, LLC (dba Sozo Health and Fitness) for Personal Training Services, whether caused by myself or anyone else. By signing below,I release, waive, discharge and covenant not to sue Kroger Enterprises LLC (dba Sozo Health and Fitness), as well as its owners, officers, employees, personal trainers, affiliates, contractors, volunteers, representatives, agents and insurers (the “Released Parties”), and release the Released Parties from liability from any and all claims arising from or any way related to or arising out of the Personal Training Services provided by the Released Parties, regardless of cause or fault, including, without limitation, claims arising from ordinary negligence; claims resulting from damage to or loss or theft of personal property; claims resulting from the use of facilities, premises or equipment provided by Kroger Enterprises, LLC (dba Sozo Health and Fitness) or third parties; and claims of personal injury or death from accidents, injuries or illnesses arising directly or indirectly from Personal Training Services directed, suggested or planned by any of the Released Parties. I understand that this release means that I, my family and any anyone else will not be able to hold the Released Parties responsible or liable for any injury, loss or liability whatsoever resulting from the Personal Training Services.
Indemnification
I agree to indemnify and hold harmless, to the fullest extent permitted by law, the Released Parties from any and all claims, liabilities, demands, suits, damages, losses, costs, fees (including without limitation reasonable attorneys’ fees and costs), and expenses arising out of, associated with or in any way related to the Personal Training Services provided to me and my use of any facilities, premises or equipment (whether provided by Kroger Enterprises, LLC dba Sozo Health and Fitness or otherwise) in connection with the Personal Training Services.
Additional Acknowledgements
I have read and fully understand this Agreement, and I agree to be bound by it. I understand that this is a promise not to sue and a release and indemnity for claims relating to the Personal Training Services provided to me by Kroger Enterprises, LLC (dba Sozo Health and Fitness). I agree that if any portion of this Agreement is found to be invalid, illegal or unenforceable, it will be limited so as to render it enforceable, and if it cannot be so limited, it will be severed, and the balance of this Agreement will continue in full force and effect. I understand that this Agreement is intended to be all-encompassing and is to be applied as broadly as permitted by applicable law. I understand that this Agreement will be binding on my family, heirs, personal representatives, successors and assigns. I agree that the exclusive jurisdiction and venue for any dispute regarding this Agreement will be the City and County of Denver, Colorado, and this Agreement will be governed by Colorado law.
I understand that a facsimile, electronic, pdf or DocuSigned signature will have the same force and effect as an original.