In consideration of being allowed to participate in any way in the personal training programs, fitness activities, and related events offered by David Zabinski Fitness (“Trainer”), I, the undersigned, acknowledge, appreciate, and agree that:
1. Assumption of Risk
The risk of injury from the activities involved in personal fitness training is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES or others, and assume full responsibility for my participation.
2. Waiver of Liability
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS David Zabinski Fitness, David Zabinski, their officers, officials, agents, and/or employees (“Released Parties”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, to the fullest extent permitted by law.
3. Indemnity Agreement
I agree to indemnify, defend and hold harmless the Released Parties from and against any and all claims, demands, losses, liability, costs, and expenses (including attorneys’ fees) arising out of or in connection with my participation in personal fitness training activities, unless such claims arise solely from the gross negligence or willful misconduct of the Released Parties.
4. Medical Clearance & Health Representation
I represent and warrant that I am in good physical condition and have no disability, impairment, or ailment preventing me from engaging in active or passive exercise or that would be detrimental to my health, safety, comfort, or physical condition if I do so. I have either obtained a physician’s approval or have determined through my own assessment that I am physically fit to participate in these activities. I agree to immediately inform my Trainer of any changes to my health status.
5. Informed Consent
I understand that the personal fitness training program I will undertake with David Zabinski Fitness may include, but is not limited to: strength and resistance training, cardiovascular exercise, flexibility and mobility work, nutritional guidance, and movement assessment. I understand that these activities may carry certain risks and hazards, and I consent to participate in these activities with full knowledge of the risks involved.
6. Photography & Media Release
I grant David Zabinski Fitness permission to use photographs, videos, or other media of me taken during training sessions for promotional and educational purposes, including on social media and the website, unless I indicate otherwise in writing. My name will not be used without separate written consent.
7. Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State of Texas. If any provision of this agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.
