Release of Liability, Assumption of Risk & Indemnification Agreement — BuiltByZay LLC
1. Assumption of Risk
I understand that participation in personal training, strength and conditioning, and related fitness activities provided by BuiltByZay LLC (the “Company”), including its owners, trainers, employees, and agents, involves inherent risks, including but not limited to: muscle strains, sprains, tears, broken bones, injuries to joints and soft tissue, cardiovascular events including heart attack and stroke, and, in rare instances, catastrophic injury or death. I voluntarily choose to participate with full knowledge of these risks, whether occurring during training sessions, assessments, use of equipment, or any activity conducted at any training location, indoors or outdoors.
2. Release and Waiver of Liability
In consideration of being permitted to participate in training services, I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, hereby release, waive, and forever discharge BuiltByZay LLC and its owners, trainers, employees, contractors, and agents from any and all claims, demands, causes of action, damages, or liabilities of any kind arising out of or related to my participation, including those alleged to arise from the ordinary negligence of the Company, to the fullest extent permitted by the laws of the State of California. This release does not extend to claims arising from gross negligence, willful misconduct, or any liability that cannot lawfully be waived.
3. Indemnification
I agree to indemnify and hold harmless BuiltByZay LLC from any loss, liability, damage, or cost (including reasonable attorney's fees) that may arise from my participation in training activities, except to the extent caused by the Company's gross negligence or willful misconduct.
4. Health Acknowledgment
I certify that the health information I have provided in this intake form is complete and accurate, that I have disclosed all known medical conditions, injuries, and medications, and that I have been advised to consult a physician before beginning any exercise program. If I answered YES to any health screening question, I acknowledge that I have been advised to obtain physician clearance before training. I agree to promptly inform my trainer of any change in my health status.
5. Medical Emergency Authorization
In the event of a medical emergency during a training session, I authorize BuiltByZay LLC and its representatives to secure emergency medical treatment on my behalf, at my expense, and to contact my designated emergency contact. I understand the Company's trainers are not medical professionals.
6. Electronic Signature & Severability
I agree that my typed name below constitutes my legal electronic signature with the same force and effect as a handwritten signature. If any portion of this agreement is held invalid, the remainder shall continue in full force and effect. This agreement is governed by the laws of the State of California. I confirm I am at least 18 years of age (or that this form is completed and signed by my parent or legal guardian).