Release of Liability & Hold Harmless Agreement
Waiver of Liability, Indemnity Agreement, and Assumption of Risk
By participating in this program, I acknowledge that I have chosen to participate in a program of progressive, physical exercise, by a Certified Personal Trainer and/or Health Coach employed by Serio & Shaw LLC.
I acknowledge that I have been informed of the need to obtain a physician's examination and/or approval prior to the beginning of this exercise program, if applicable.
Waiver: In consideration of permission to use today, and on all future dates, the properties, facilities, and services associated with Serio & Shaw LLC (hereafter referred to as "S&S"). I, on behalf of myself, my heirs, personal representatives, or assigns, do hereby release, waive, discharge, and covenant not to sue “S&S,” from liability and ANY and ALL claims arising from the ordinary negligence of “S&S” during participation in one of the LLC’s program(s). This Agreement applies to the following:
A. Personal injury (including death) from accidents or illnesses arising from the participation in “S&S's” activities including, but not limited to, personal training, organized fitness activities, group fitness classes, observation, and individual use of facilities, premises, or equipment.
B. ANY and ALL claims resulting from the damage to, loss of, or theft of property.
Indemnification & Hold Harmless: I agree to HOLD HARMLESS and INDEMNIFY “S&S” from all claims
resulting from negligence during participation in one of the LLC’s program(s) and to reimburse “S&S” for any
expense incurred by the LLC investing and defending a claim or suit if my claim is withdrawn, or to the extent a court or arbitration determines that “S&S” is not responsible for the injury or loss.
Severability and Venue: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of Maryland and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Assumption of Risks: Progressive physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. “S&S” have facilities for and/or provide home-based, on-site corporate services, and virtual DIY programs for activities that include, but not limited to, anaerobic training (strength training), aerobic training (cardiovascular activities/machines), and nutritional guidance. Some of these activities, unrelated to nutritional guidance, involve some strenuous exertions of strength using various muscle groups; some involve quick movements such as speed and change of direction; and others involve sustained physical activity, which places stress on the cardiovascular system. The specific risks vary from one activity to another, but in each activity the risks range from the following:
1. Minor injuries such as scratches, bruises, and sprains.
2. Major injuries such as loss of sight, joint or back injuries, concussions, and heart attacks.
3. Catastrophic injuries including paralysis and death.
I have read the previous paragraphs and I know the nature of the activities given by “S&S.” I understand the demands of those activities relative to my physical condition and skill level, and I appreciate the types of injuries, which may occur as a result of activities made possible by “S&S.” I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
Acknowledgment of Understanding: I have read this waiver of liability, indemnification agreement, and the assumption of risks, and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability, and a complete assumption of the inherent risks of participating or observing in recreational activities with “S&S,” to the greatest extent allowed by law in the State of Maryland.