I acknowledge that I should always consult with a doctor before beginning this or any exercise program.
I acknowledge that I will not share passwords or media from this coaching and site.
I after being informed of the potential risks involved voluntarily agree to participate in a fitness program (herein after referred to as the “Fitness Program”) provided to me by Down Dog Fitness, LLC.
In consideration of Down Dog Fitness, LLC’s agreement to instruct and train me, I, for myself and my personal representatives, heirs and next of kin do hereby agree that:
1. I understand that the Fitness Program of the nature provided to me by Down Dog Fitness, LLC, is intended to be a vigorous and challenging, and at times may push me to my physical limits.
2. I acknowledge and understand that despite the instruction, encouragement, or challenges requested or demanded of me by Down Dog Fitness, LLC, and its trainer(s), I am free to slow down and/or stop exercising or participating in the Fitness Program at any time.
3. I will make my own determination as to whether or not I am able to safely participate in the Fitness Program provided by Down Dog Fitness, LLC.
4. I acknowledge that Down Dog Fitness, LLC and its trainer, Ann Marie Veletsos, are not physicians and have not evaluated and will not evaluate my medical health or my ability to safely participate in the Fitness Program or any other physical activity, but have informed me that it is important to consult a physician before participating in the Fitness Program provided by Down Dog Fitness, LLC in order to determine if it is medically safe for me to do so.
5. I have either consulted with a physician and been told that it should be medically safe for me to participate in the Fitness Program provided by Down Dog Fitness, LLC or I have chosen not to consult a physician despite being aware of the risks involved in participating in such activities. In any event, I acknowledge that exercise including the fitness instruction of the nature provided by Down Dog Fitness, LLC in connection with the Fitness Program, always involved risk of injury, including without limitation, risk of dizziness, nausea, exhaustion, fainting, sprains, strains, fractures and broken bones, overheating and heatstroke, and in some instances heart attack, stroke or even death during or shortly after such exercise, and by my participation, I assume any and all risks associated therewith.
6. I also recognize that any advice dispensed by or through the Down Dog Fitness, LLC or its trainer Ann Marie Veletsos, may not be appropriate for me, and it is my responsibility to make this determination myself.
7. I AM VOLUNTARILY PARTICIPATING IN THE FITNESS PROGRAM AND HEREBY ASSUME ANY AND ALL RISKS OF PERSONAL INJURY OR DEATH.
8. RELEASE: I, FOR MYSELF AND MY PERSONAL REPRESENTATIVES, ASSIGNS, EXECUTORS, HEIRS,A ND NEXT OF KIN HEREBH RELEASE, WAIVE, DISCHARGE, ACQUIT AND COVENANT NOT TO SUE ANN MARIE VELETSOS, AND HER AGENTS, REPRESENTATIVES, HEIRS, SUCCESSORS, AND ASSIGNS, AND DOWN DOG FITNESS, LLC AND ITS SUCCESSORS, ASSIGNS, AGENTS, PARTNERS, MEMVERS, MANAGERS, OFFICERS, EMPLOYEES, TRAINERS, ATTORNEYS AND REPRESENTATIVESM (ALL FOR THE PURPOSE HEREIN REFERRED TO AS “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, AND DAMAGES, INCLUDING WITHOUT LIMITATION CLAIMS FOR SERIOUS BODILY INJURY TO ME OR MY DEATH, ALL OF WHICH IS CAUSED OR ALLEGED TO BE CAUSED, IN WHOLE, OR IN PART BY THE NEGLIGENCE OR GROSS NEGLICENC OF THE RELEASED PARTIES IN CONNECTION WITH MY PARTICIPATION IN THE FITNESS PROGRAM PROVIDED BY DOWN DOG FITNESS, LLC, (ALL FOR THE PURPOSE HEREIN REFERRED TO AS THE “RELEASED CLAIMS”). THE RELEASED CLAIMS SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE RELEASE OF ANY CLAIMS CAUSED OR ALLEGED TO BE CAUSED BY: (1) THE FAILURE OF MALFUNCTION OF ANY EQUIPMENT BELONGING TO OR PROVIDED BY TRAINER OR MYSELF THAT MAY MALFUNCTION OR BREAK; (2)ANY SLIP, TRIP, FALL, DROPPING OF EQUIPMENT BY RELEASED PARTIES, MYSELF OR OTHERS; (3)AND/OR NEGLIGENT INSTRUCTION OR THE FAILURE TO SUPERVISEME OR OTHERS IN THE PERFORMANCE OF THE FITNESS PROGRAM.
9. INDEMNIFICATION: I, FOR MYSELF AND MY PERSONAL REPRESENTATIVES, ASSIGNS, EXECUTORS, HEIRS, AND NEXT OF KIN HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, ANN MARIE VELETSOS AND HER AGENTS, REPRESENTATIVES, HEIRS AND SUCCESSORS AND DOWN DOG FITNESS, LLC AND ITS SUCCESSORS, ASSIGNS, AGENTS, PARTNERS, MEMBERS, MANAGERS, OFFICERS, CONTRACTORS, EMPLOYESS, TRAINERS, ATTORNEYS AND REPRESENTATIVES (ALL FOR THE PURPOSE HEREIN REFERRED TO AS “INDEMNIFIED PARTIES”) FROM AND AGAINST, AND SHALL REIMBURS THE INDEMNIFIED PARTIES FOR ANY AND ALL LIABILITES, LOSSES, COSTS, CLAIMS, CAUSES OF ACTION, DAMAGES, EXPENSES, JUDGMENTS, PENALTIES, FINES, FINANCIAL RESPONSIBVILITES OR OBLIGATIONS OF ANY NATURE WHATSOEVER (COLLECTIVELY, “INDEMNIFIED COSTS”)ARISING OUT OR IN ANY WAY RELATING TO MY ARTIUCIPATION IN THE FITNESS PROGRAM PROVIDED BY DOWN DOG FITNESS, LLC, INCLUDING WITHOUT LIMITATION ANYSUCH INDEMNIFIED COSTS ARISING OUT FO OR RELATING TO THE ACTUAL OR ALLEGED NEGLIGENCE OR GROSS NEGLIGENCE OF ANN MARIE VELETSOS OR DOWN DOG FITNESS, LLC, WHETHER BY ACT OR OMISSION.
10. I agree that the foregoing release and indemnification is intended to be as broad and inclusive as is permitted by the law of the province or state in which the Fitness Program is being operated, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I hereby warrant that I am above 18 years of age and have every right to contract in my own name in the above regard. I state further that I have read the above authorization, release and agreement, prior to its execution, and that I am fully familiar with the contents thereof. I do hereby voluntarily sign the Release and Waiver of Liability and Indemnity Agreement.