LIABILITY WAIVER, AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK
By attending training sessions both online and in-person, classes, events, activities, and other programs (the “Session”) and using premises, facilities and equipment (the “Studio”) rented, owned, or operated whether in-person or a virtual setting, by CDP Fitness (“CDP Fitness”), you acknowledge on behalf of yourself, your heirs, representatives and/or assigns, that there are certain inherent risks associated with the Sessions and Studio.
You understand and are aware that strength, flexibility and aerobic exercise, including the use of equipment, are potentially hazardous activities, more so if in an online or remote training environment. You also understand that fitness activities involve the risk of injury, and that you are voluntarily participating in these activities, and using equipment and machinery, knowing the dangers involved. You agree to assume full responsibility for any and all injuries which are sustained or aggravated by you in relation to the Sessions regardless if you are training remote or in-person, with or without an instructor present and supervising.
At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by a CDP Fitness instructor, regardless if the instructor is present or if you are receiving instruction online via virtual training or live-streaming. You will use all reasonable efforts to ensure your physical safety. You understand that equipment used in fitness instruction can be dangerous if used improperly. You also understand and agree that CDP Fitness is not responsible for any injury sustained due to defects, damages, or lack of maintenance in your individually owned equipment, or equipment used not while under in-person direction from CDP Fitness.
You declare yourself to be physically sound enough to participate in a Session with CDP Fitness. You do not suffer from a condition, impairment, disease, infirmity or other illness that would prevent your participation, or use of equipment, except as noted by a CDP Fitness agent; in this instance your Session will be modified accordingly. You will notify CDP Fitness immediately of any change in medical condition, including pregnancy. You acknowledge and understand that if you are pre/post-natal, you increase the risk to yourself and, if applicable, your unborn child. In participating in a Session, you assume all associated risks to yourself, and if applicable, your unborn child. If you are pre/post-natal you have permission from your physician to participate in a pre/post-natal exercise program.
You agree that if you experience any symptoms such as shortness of breath, chest pain, unusual fatigue, dizziness or fainting, or extreme pain, whether or not you are under direct supervision of a trainer or instructor, you will immediately stop exercising and inform a representative of CDP Fitness of your symptoms. You authorize any representative of CDP Fitness to obtain emergency medical treatment for you, including transportation to a hospital, urgent care, or other medical facility.
You understand that you are the intended recipient of a Session, which, in some instances may include videos or other digital training materials. You agree that access to such training material is for your use only. You will not upload any videos or materials provided by CDP Fitness to any online forum such as a personal website, YouTube, or social media. You also agree to not video any part of CDP Fitness’s material or Sessions without express written consent and to not share, copy, video, summarize, or reproduce in any way the materials received as they are protected under the United States copyright laws, including the U.S. Copyright Act of 1976. You grant CDP Fitness, its representatives, employees, and agents the right to take photographs and video footage of you, including videoing an entire Sessions, to be used for any lawful purpose.
In consideration of being allowed to participate in and access the Sessions and Studio, you release, indemnify, and hold harmless CDP Fitness, its direct and indirect parent, subsidiary, affiliates and entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Sessions, use of the Studio (including ingress and egress to the hosting space), or training with CDP Fitness in any way.