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Recourse Coaching, LLC Release and Waiver of Liability
I (“Client”) agree to the following:
1. Client understands they are participating in fitness instruction and/or health and/or dementia care coaching offered by Recourse Coaching (“Recourse Coaching”).
2. Client agrees and understands that participation in fitness instruction and/or health and/or dementia care coaching is undertaken at Client’s sole risk and discretion. Client affirms understanding of the inherent risk of injury in the event Client does not adhere to safety instructions, protocol, or acts negligently while participating in fitness classes.
3. Client affirms that they are in suitable physical and mental health. Engaging in fitness classes or training may require intense physical exertion, and therefore Client affirms they are physically fit to engage in strenuous activity. Additionally, Client affirms that they have no medical condition that would prevent full or modified participation in Recourse Coaching’s personal training or fitness classes. Client recognizes that participation in physical activity may cause or aggravate an existing injury or medical condition. It is Client’s responsibility to consult a physician prior to participation in strenuous physical activity. Additionally, Client affirms that they have consulted with their physician if necessary, and is adhering to the provided advice.
4. Client understands that participation in strenuous physical activity may result in injury, aggravate pre-existing injuries, or in rare cases, death. Client understands their physical limitations and is sufficiently self-aware to cease participation or modify accordingly when necessary. Client agrees that should injury result from engaging in Recourse Coaching’s fitness classes or personal training, Client will not hold Recourse Coaching liable. With the knowledge and understanding of the risks involved, Client chooses, of their own will and volition, to continue participating.
5. As previously stated, Recourse Coaching recommends consulting with your physician prior to beginning any exercise or health coaching program. Recourse Coaching does not claim to be or act as a licensed medical care provider and represents that she cannot diagnose, examine, or treat medical conditions of any kind. The information provided is not intended to be a substitute for professional medical advice, diagnosis or treatment. All dementia care information is non-medical, quality-of-life support. Client acknowledges that each individual’s health, fitness, nutrition, and dementia care success depends on her background, dedication, desire, and motivation. Therefore, individual results may vary.
6. Client acknowledges and agrees that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any of Recourse Coaching’s virtual fitness classes, personal training sessions, or online and written material is strictly prohibited without Recourse Coaching’s prior written authorization. Any violation of this policy is grounds for exclusion from future participation in virtual Recourse Coaching’s classes or training sessions. Client further agrees to indemnify, defend, and hold harmless Recourse Coaching, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage, or cost of any kind (including reasonable attorneys’ fees) resulting from Client’s violation of this policy.
7. In no event shall Recourse Coaching’s liability arising out of or related to this agreement, whether in contract, tort, or any other theory of liability, exceed the cost paid by you and received by Recourse Coaching at the time of the first instance giving rise to the liability. Notwithstanding and subject to the foregoing, in no event shall Recourse Coaching have liability to you for any indirect, incidental, punitive, consequential, or special damages of any kind or nature however caused, whether in contract, tort, or any other theory of liability.
8. Client certifies and warrants that they are 18 years of age or older and mentally competent to enter into this Waiver and Release. If signing this waiver on behalf of a minor, Client certifies they are the parent or guardian authorized to enter the child into this Waiver and Release.
9. Any provision of this Liability Waiver and Release, which by its terms imposes continuing obligations on either of the parties, shall survive termination of this Release.
10. If any portion of this Liability Waiver and Release is deemed illegal, void or unenforceable, then the remaining agreement shall remain in effect.
11. In the event of a dispute between the Parties relating to or arising out of this Waiver and Release, the Parties shall first attempt to resolve the dispute in good faith. If this resolution attempt fails, the Parties shall submit the dispute to binding arbitration. Arbitration shall be conducted by a single arbitrator. The arbitrator shall be bound by applicable governing federal law as well as the law of Arkansas. Each party shall pay their own costs and fees. Claims that may necessitate arbitration include but are not limited to contract claims, tort claims, claims based on federal, state, and local laws, ordinances, statutes, or regulations.
12. This Waiver and Release shall be governed by and construed in accordance with the laws of Texas.
Client acknowledges that they have read, understood, and fully agrees to the terms of this Waiver and Release.