I have enrolled in a virtual exercise program offered by Functional Fitness & Balance LLC that includes strenuous physical activity such as, but not limited to, flexibility training, aerobic dance, weight training, balance and movement training, stability training, and cardiovascular training using equipment in Participant’s possession or as offered by Functional Fitness & Balance LLC (the “Exercise Program”).
Participant acknowledges that the Exercise Program is virtual and agrees that Participant is responsible for requesting clarification or further instruction if she/he does not understand instructions or queuing of any exercise offered during the Exercise Program.
Participant understands the nature of such activities and hereby affirms that Participant is in good physical condition, does not suffer from any disability that would prevent or limit participation in the Exercise Program, and is physically capable of participating in such activities. Because physical exercise can be strenuous and subject to risk of serious injury, Participant acknowledges that Participant was urged to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity or otherwise participating in the Exercise Program.
Participant understands that the activities described in this WAIVER AND RELEASE OF LIABILITY, including the Exercise Program, involve risks of serious bodily injury caused by Participant’s own actions, caused by others participating in the activity, and/or caused by THE NEGLIGENCE OF ROBIN KRUMME OR ANY OTHER INSTRUCTOR TEACHING THE EXERCISE PROGRAM. PARTICIPANT FULLY ACCEPTS AND ASSUMES ALL SUCH RISKS AND ALL RESPONSIBILITY FOR INJURIES, ILLNESS, DEATH, LOSSES, COSTS, AND DAMAGES incurred because of Participant’s participation in the Exercise Program, activities prescribed by the instructors for Functional Fitness & Balance LLC and/or described in this WAIVER AND RELEASE OF LIABILITY.
In consideration of participation in the Exercise Program, Participant and her/his heirs, guardians, spouse and legal representatives hereby agree to release, discharge, hold harmless, and indemnify Robin Krumme and the instructors of Functional Fitness & Balance LLC from any and all damages, losses, injuries, claims, demands and causes of action arising from, or related to, participation in the Exercise Program, including but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries, death, and any other illness, soreness, or injury, however caused, occurring during or after Participant’s participation in the Exercise Program, REGARDLESS OF WHETHER SUCH ALLEGED BODILY INJURY, DEATH OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ROBIN KRUMME AND/OR THE INSTRUCTORS OF FUNCTIONAL FITNESS & BALANCE LLC. THIS RELEASE AND INDEMNITY EXPRESSLY INCLUDES DAMAGES, LOSSES, INJURIES, CLAIMS, DEMANDS AND CAUSES OF ACTION ARISING OUT OF, OR RESULTING FROM, THE NEGLIGENCE OF ROBIN KRUMME AND/OR THE INSTRUCTORS OF FUNCTIONAL FITNESS & BALANCE LLC.
