RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISK
This Liability Waiver and Release ("Agreement") is entered into by and between Shirley Sainte / 50 & Fierce, located in Albuquerque, New Mexico ("Trainer"), and the undersigned participant ("Participant").
1. ASSUMPTION OF RISK
I understand that participating in virtual fitness classes, including but not limited to strength training, Afrobics, dance cardio, mobility work, and any other exercise programs offered by 50 & Fierce, involves inherent risks of injury. These risks include, but are not limited to: muscle strains and sprains, joint injuries, cardiovascular incidents, falls, and aggravation of pre-existing conditions. I voluntarily assume all risks associated with my participation, whether or not foreseeable.
2. RELEASE OF LIABILITY
In consideration of being permitted to participate in 50 & Fierce virtual fitness programs, I hereby release, discharge, and hold harmless Shirley Sainte, 50 & Fierce, and their officers, agents, employees, and affiliates from any and all claims, demands, damages, costs, expenses, and causes of action arising out of or related to any loss, damage, or injury (including death) that may be sustained by me during or as a result of my participation in any fitness activities, whether caused by negligence or otherwise.
3. MEDICAL CLEARANCE
I affirm that I have consulted with a physician or other qualified healthcare provider regarding my fitness to participate in an exercise program, or I voluntarily choose to participate without such consultation. I confirm that I have no medical conditions that would prevent my safe participation, or I have disclosed all relevant conditions to the Trainer. I understand that I am responsible for monitoring my own condition during exercise and will cease activity immediately if I experience pain, dizziness, or discomfort.
4. VIRTUAL PROGRAM ACKNOWLEDGMENT
I understand that 50 & Fierce programs are conducted virtually (online via Zoom or other platforms). I acknowledge that the Trainer cannot physically observe or correct my form in the same manner as in-person training. I accept full responsibility for ensuring I have a safe exercise environment in my home, including adequate space, appropriate flooring, and any necessary equipment.
5. EMERGENCY CONTACT & PERSONAL RESPONSIBILITY
I understand that in the event of a medical emergency during a virtual session, the Trainer may not be able to provide direct physical assistance. I accept responsibility for having emergency contact information readily available and for informing someone in my household when I am participating in a virtual fitness session.
6. INDEMNIFICATION
I agree to indemnify and hold harmless Shirley Sainte and 50 & Fierce from any claims made by third parties arising from my participation in 50 & Fierce programs.
7. GOVERNING LAW
This Agreement shall be governed by the laws of the State of New Mexico. Any disputes arising under this Agreement shall be resolved in the courts of Bernalillo County, New Mexico.
8. ACKNOWLEDGMENT
I have carefully read this Agreement and fully understand its terms. I acknowledge that I am giving up substantial rights, including my right to sue. I sign this Agreement freely and voluntarily without any inducement.
