Personal Training Contract Form

On this date, the undersigned individual (hereinafter “the Client”) hereby purchases personal training sessions from Ebb N Flo Maui LLC (hereinafter “the School”), subject to the following terms and conditions and obligations set forth herein.

By checking the boxes below, the Client agrees to each of the rules and regulations outlined below:

Client acknowledges that he/she has no physical impairments and that the activities offered by the School inherently involve the possibility of injury, financial loss or death.  Client knowingly and voluntarily assumes the sole risk, liability and the full responsibility for such injury, financial loss or death resulting from use of the School’s facility, equipment and/or instruction, even if such injury is caused by negligence. 

As additional consideration for this contract, Client does hereby for Client, Client’s heirs, executors, administrators, successors and assigns, release, acquit and forever discharge the School, Ebb N Flo Maui LLC, its employees, agents, contractors, trainers, principals, servants, executors, administrators, successors, insurers, insurer’s agents, and all other persons, firms, corporations, associations and partnerships, from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of services, expenses and compensation whatsoever, whether known and unknown, foreseen or unforeseen anticipated or unanticipated, which the Client may have or which may hereafter accrue on account of or in any way  growing out of the use of the School, its facilities or its courts including any injury, financial loss or death, by Client or guest.

Client declares that this agreement contains the entire agreement between the parties and that the terms are contractual and not merely recitals.  Client is of legal age and capacity and willingly enters into this agreement.  Client has read and understood all provisions of this agreement and agrees to be bound by them.  If any provision is found to be invalid or unenforceable, the remainder will remain valid and enforceable.  Any disputes hereunder will be interpreted in accordance with Hawaii law with venue in Maui County.

Client agrees to accompany at all times any minor child while using school facilities.  It is the responsibility of the Client to provide active supervision for any minor child brought into the School.  Client agrees to the same above terms for any minor child brought into the School.

Client understands and acknowledges that participation in personal training is unreasonably, unnecessarily, and inherently dangerous. Client fully realizes the dangers of participating in personal training and voluntarily assume all the risks associated with such participation. Client understands the risks include, by way of example, and not limitation, the following:  accidents such as falls, equipment failure, other clients or trainers or guests, contact with various hard and soft floor or ground surfaces, other people, and/or over exertion could result in injuries including sprains, concussion, broken bones, torn muscles/tendons, dislocations, puncture wounds, psychological trauma, hospitalization, blindness, and death.

Client agrees that it is their sole responsibility to be familiar with the physical and mental demands associated with personal training. With these demands in mind, Client attests that they have no physical or mental condition, which to their knowledge, would endanger themself or others if they participate in training, or would interfere with their ability to safely participate in the training. Client also agree to abide by any and all established rules and regulations while engaged in training, and with the directions and precautions given by Ebb N Flo Maui LLC, trainers, associates, the property owner(s), and any agents thereof, are facilitating this personal training program (collectively referred to herein as the “facilitator(s)”).  Client is responsible for informing the facilitators of any health concerns or conditions before each session.

Client agrees that any advice or information provided regarding nutrition, exercises, medical matters is for general informational purposes only and should not be considered as professional advice.  It is strongly recommended that Client consults with a qualified healthcare professional, registered dietitian, certified personal trainer for personalized advice related to nutrition, personal training and/or medical concerns.

Client understands that the facilitators have no duty to provide any extraordinary duties or safety measures in relation to personal training and that Client must use reason and judgment in undertakings hereunder. Client consents to anyone providing emergency health or medical assistance if it is determined necessary at the facilitator's discretion, and consent to anyone contacting emergency contact for notification.

In the event of a training package renewal, the Client acknowledges and agrees that the existing waiver and contract terms remain valid.  Client may purchase additional training packages without the requirement of completing a new waiver form.

AUTHORIZATION

I have carefully read this form and fully understand its contents. All information I have provided is true. I am aware that this is a release of liability, a waiver of claims, an agreement not to sue, an indemnity, and a contract between myself and the facilitators described herein, I sign it of my own free will.