This Liability Waiver and Release of Claims ("Waiver") is entered into by and between Zey Enterprises, LLC (DBA Integrated Fitness Coaching), a Colorado limited liability company ("Coach") and ________________________ ("Client"), as of the date of execution below.
For purposes of this Waiver, the term "Released Parties" means Zey Enterprises, LLC (DBA Integrated Fitness Coaching); Arthur Zey; and each of their respective members, managers, owners, employees, contractors, agents, representatives, affiliates, successors, and assigns.
Acknowledgement of Risks
The Client acknowledges that participation in fitness coaching services involves inherent and significant risks, including, but not limited to the following:
- musculoskeletal injuries (eg, strains, sprains, tears, joint injuries)
- overuse injuries and fatigue-related conditions
- cardiovascular stress, events, or complications
- adverse physiological responses to exercise or exertion
- adverse reactions to dietary changes, supplementation, or caloric manipulation
- illness, dizziness, fainting, or other acute responses
- aggravation of pre-existing injuries or medical conditions
- risks associated with independent exercise performed without direct supervision
- risks associated with implementing lifestyle or behavioral changes
- risks associated with facilities, equipment, or environments not controlled by the Coach
The Client understands that these risks may arise from any of the following:
- physical exertion
- improper technique or execution
- equipment use
- environmental conditions
- individual health status
- unknown or latent conditions
The Client acknowledges that not all risks can be predicted or eliminated. The Client further acknowledges that the specific examples listed above are illustrative and do not limit the scope of risks assumed.
Voluntary Assumption of Risk
Participation in coaching, including the implementation of any recommendations related to exercise, diet, nutrition, recovery, lifestyle, behavior, and other aspects of fitness development, is voluntary and undertaken entirely at the Client's own risk. The Client may decline or discontinue any activity at any time. The Client accepts full responsibility for monitoring his or her own physical and mental condition, readiness, and capacity and for exercising independent judgment in deciding whether and how to implement any recommendation.
The Client further acknowledges that coaching services may be delivered remotely and that the Coach may not directly supervise the Client's exercise, dietary implementation, use of equipment, supplementation decisions, or other conduct. The Client assumes full responsibility for the selection of exercise environment, equipment, pacing, exercise execution, dietary implementation, supplementation, and for discontinuing any activity, protocol, or recommendation the Client believes may be unsafe, inappropriate, or inconsistent with the Client's condition or abilities. The Client acknowledges that such risks exist regardless of whether the Coach is present, supervising, or otherwise involved at the time of any activity or implementation.
Health Representations and Disclosures
The Client represents and warrants the following:
- All medical conditions, injuries, limitations, and relevant health information, whether or not clinically diagnosed, including, but not limited to, chronic and acute physical injuries, diseases, eating disorders or disordered eating patterns, and any psychiatric or psychological conditions, that may bear on participation in coaching services, have been disclosed to Coach.
- Client has disclosed all medications, pharmaceuticals, supplements, and drugs being used to Coach, whether they are over-the-counter, prescribed by a physician, or otherwise procured.
- Client will promptly disclose any material change in health status, physical condition, psychological condition, medication use, supplement use, or functional capacity that may affect participation in coaching services.
- Client has obtained, or will obtain, medical clearance where appropriate before participating in exercise, dietary changes, supplementation, or other recommendations made in connection with coaching services.
- Client understands that failure to disclose relevant information may increase the risk of harm and may affect the Coach's ability to provide safe and appropriate coaching services.
The Client further represents and warrants that the Client is physically and mentally capable of participating in coaching services and implementing any recommendations, or, where appropriate, has obtained clearance from a licensed professional before doing so.
Client acknowledges that Coach relies on the accuracy, completeness, and timeliness of Client's disclosures regarding health conditions, injuries, medications, limitations, prior history, and other relevant circumstances when providing recommendations.
Release of Liability
To the fullest extent permitted by law, the Client hereby releases, waives, discharges, and covenants not to hold liable the Released Parties from and against any and all claims, demands, causes of action, liabilities, damages, losses, costs, or expenses of any kind, whether known or unknown, suspected or unsuspected, arising out of or related to any of the following:
- participation in coaching services
- implementation of recommendations
- physical activity or exercise
- dietary or nutritional changes
- behavioral or lifestyle changes
This release applies to claims sounding in negligence, personal injury, bodily injury, property damage, economic loss, emotional distress, wrongful death, and any other loss, harm, or damage arising from or related to the foregoing, except in cases of gross negligence or willful misconduct where such limitation is prohibited by law.
The Client expressly acknowledges that the foregoing risks are inherent in the activities described and that this release is intended to apply to all such risks, whether specifically enumerated above or not. The Client acknowledges that this release includes claims arising from the ordinary negligence of the Released Parties.
Covenant Not to Sue
The Client agrees that neither the Client nor the Client's heirs, estate, personal representatives, successors, assigns, or next of kin will initiate, pursue, assist in, or permit to be brought any lawsuit, claim, arbitration demand, administrative complaint, or other proceeding against any of the Released Parties arising out of or related to the matters released under this Waiver, except to the extent prohibited by law. This covenant is intended to operate as a complete and unconditional bar to any such claim or proceeding to the fullest extent permitted by law.
Indemnification
The Client agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees and costs of defense, arising out of or relating to the Client's actions or omissions, the Client's participation in coaching, the Client's implementation or misuse of recommendations, the Client's use or misuse of materials or services provided by the Coach, or any third-party claims arising from the Client's conduct.
No Reliance on Medical or Other Professional Advice; Limitation of Care
The Client acknowledges that the Coach is not acting as a physician, physical therapist, psychologist, psychiatrist, registered dietitian providing medical nutrition therapy, or other licensed healthcare provider, and is not providing medical advice, diagnosis, treatment, rehabilitation, psychotherapy, emergency response, or crisis services. The Client understands that the Coach is not responsible for monitoring the Client's condition in real time, for identifying medical or psychiatric emergencies, or for responding to urgent or emergent situations. The Client is solely responsible for seeking appropriate medical, psychological, nutritional, or emergency care when necessary. Any reliance on coaching recommendations is at the Client's own risk.
Severability
If any provision of this Waiver is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall remain in full force and effect. Any such invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to render it valid and enforceable while preserving, to the greatest extent possible, the intent of the original provision.
Governing Law; Relationship to Agreement
This Waiver shall be governed by and construed in accordance with the laws of the State of Colorado. If the Client has executed a coaching agreement relating to the coaching services described in this Waiver (the "Coaching Agreement"), the dispute-resolution provisions of the Coaching Agreement shall apply to any dispute arising out of or relating to this Waiver to the fullest extent permitted by law. This Waiver is intended to supplement, and not to narrow, limit, replace, or supersede, any protections, disclaimers, releases, indemnification obligations, risk allocations, or liability limitations contained in the Coaching Agreement or any related addendum executed in connection with such coaching services. To the extent there is overlap, this Waiver and the Coaching Agreement shall be given cumulative effect to the fullest extent permitted by law.
Acknowledgement
By signing below, the Client acknowledges that this Waiver has been read and fully understood, that the Client is knowingly and voluntarily giving up substantial legal rights, including the right to bring certain claims against the Released Parties, that the Client has had the opportunity to ask questions and, if desired, to consult independent legal counsel before signing, and that the Client signs this Waiver freely, voluntarily, and without coercion. The Client further intends this Waiver to be interpreted broadly and enforced to the fullest extent permitted by law.
This Waiver shall be binding upon the Client and the Client's heirs, estate, personal representatives, successors, assigns, and next of kin.
The Client agrees that this Waiver is intended to be as broad and inclusive as permitted by the laws of the State of Colorado.