REPWERKS: DAILY TRAINING PROTOCOL
Waiver of Liability, Assumption of Risk, and Release of Claims
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Please read this agreement carefully before accessing or participating in any workout program, exercise plan, or fitness content provided through this website or associated email communications. By accessing, downloading, or following any program or content, you acknowledge that you have read, understood, and agree to be bound by the terms of this agreement.
1. Parties
This Waiver of Liability, Assumption of Risk, and Release of Claims (the "Agreement") is entered into between you ("Participant," "you," or "your") and the online personal training program operator and its owners, coaches, employees, contractors, agents, affiliates, heirs, and successors (collectively, "Program Provider").
2. Nature of the Program
The Program Provider offers digitally delivered personal training content, including workout plans, exercise programming, nutritional guidance, and related fitness information distributed via website and email (the "Program"). The Program is provided for general informational and fitness purposes only and does not constitute medical advice.
3. Assumption of Risk
You acknowledge and voluntarily assume all risks associated with participation in the Program, including but not limited to:
- Physical injury, including muscle strains, sprains, fractures, or other bodily injury
- Aggravation of pre-existing medical or physical conditions
- Cardiovascular events, including heart attack or stroke
- Death
- Psychological or emotional distress
- Property damage resulting from exercise or physical activity
You understand that these risks may result from your own actions or inactions, the actions of others, or conditions beyond the Program Provider's control. You expressly assume full responsibility for all such risks.
4. Release and Waiver of Liability
In consideration of being permitted to access and participate in the Program, you, on behalf of yourself, your heirs, personal representatives, and assigns, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Program Provider from any and all claims, demands, losses, liabilities, and causes of action of any kind or nature, whether known or unknown, arising from or related to your participation in the Program, including any claim arising from the Program Provider's negligence, to the fullest extent permitted by applicable law.
This release includes, but is not limited to, claims for personal injury, property damage, wrongful death, and any other loss or damage, whether foreseeable or not.
5. Medical Clearance and Fitness to Participate
You represent and warrant that you are in good physical health and have no medical condition that would prevent safe participation in an exercise program. You acknowledge that the Program Provider strongly recommends that you consult with a licensed physician or healthcare professional before beginning any new exercise program, particularly if you have any known or suspected health conditions, are pregnant or postpartum, or have been sedentary for an extended period of time.
You agree to discontinue participation and seek medical attention immediately if you experience pain, dizziness, shortness of breath, chest pain, or any other symptom suggesting injury or illness.
6. Independent Judgment and Modification of Exercises
You acknowledge that the Program is delivered remotely and digitally, and that the Program Provider cannot observe, supervise, or monitor your exercise form or physical condition in real time. You agree to use your own judgment in determining whether any exercise or activity is safe and appropriate for your fitness level. You accept full responsibility for modifying or substituting any exercise that is unsafe or unsuitable for your individual circumstances.
7. Indemnification
You agree to indemnify, defend, and hold harmless the Program Provider from and against any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your participation in the Program; (b) your breach of this Agreement; or (c) any third party's participation in the Program under your account or at your direction.
8. No Warranties; Limitation of Liability
The Program is provided on an "as is" and "as available" basis without warranties of any kind, express or implied. To the maximum extent permitted by applicable law, the Program Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from or related to your use of the Program.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. To the extent any provision of this Agreement is unenforceable under the laws of any other jurisdiction, the remaining provisions shall remain in full force and effect.
10. Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
11. Entire Agreement
This Agreement constitutes the entire agreement between you and the Program Provider with respect to the subject matter hereof and supersedes all prior negotiations, representations, warranties, and understandings. This Agreement may not be modified except in writing signed by the Program Provider.
12. Acknowledgment
By accessing or participating in the Program, you acknowledge that you have read this Agreement in its entirety, that you fully understand its terms, and that you voluntarily agree to be bound by it. If you do not agree, do not access or participate in the Program.
Electronic Acceptance
If this Agreement is presented via a checkbox or electronic acceptance mechanism on the Program Provider's website or email link, clicking "I Agree," checking a confirmation box, or otherwise affirmatively indicating acceptance constitutes your electronic signature and agreement to all terms herein, with the same legal effect as a handwritten signature.