This Consent and Waiver (Waiver) is by and between ________________ (“Client” “You”) and Carly Fauth. In consideration of Client’s participation in the FitFunYou Mentorship Program (“Program”), Client hereby agrees to the following.
GOAL: The goal of the Program is to encourage and partner with people to become knowledgeable about and responsible for their own health and wellness in regard to fitness, and to bring them to a personal optimum level. The Program is designed to improve health, but is not designed to treat any specific disease or medical condition. Reaching the goal of optimum health requires a sincere commitment from You, possible lifestyle changes and a positive attitude.
HEALTH CONCERNS: If You suffer from a medical condition, You need to consult with an appropriate healthcare provider. The FitFunYou Mentorship Program is not a substitute for your family physician or other appropriate healthcare provider. Carly Fauth is not trained or licensed to diagnose or treat pathological conditions, illnesses, injuries or diseases. It is important you always keep your physician informed of changes in your fitness program. Carly Fauth is not a licensed nutritionist, and does not provide nutritional advice.
COMMUNICATION: Every client is an individual, and it is not possible to determine in advance how your body will react to the Program. It is sometimes necessary to adjust your program as it progresses. It is your responsibility to do your part by using the guidelines, listen to your body and let Carly know of anything you feel uncomfortable with.
ASSUMPTION OF RISK: Client understands that all forms of exercise involve some risk of injury. Client accepts complete sole responsibility for his/her health and well-being in this voluntary Program. The following guidelines and recommendations can help You reduce your risk:
Listen to and follow instructions carefully.
Please respect your body’s abilities and limits.
Do not perform movements that are painful.
Ask the instructor if you unsure how to perform a certain movement.
Pregnant women: it is suggested that you consult your health care provider before participating and you may be required to sign our then current pregnancy waiver to participate in any classes or special events.
It is always advisable to consult your physician before embarking on any exercise or nutrition program.
MEDICAL DISCLAIMER: The Program is not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through the Programis not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information You have received during the Program. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If You have or suspect that You have a medical or mental health issue, contact your own health care provider promptly. Carly Fauth and the Program does not provide health care, medical services or attempt to diagnose, treat, prevent, or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease, or condition. We are not giving medical or psychological advice whatsoever.
WAIVER AND RELEASE OF CLAIMS: Client, for themselves, heirs and assigns hereby knowingly and voluntarily releases Carly Fauth and agents from any liability now or in the future, if Client experiences any physical problems as a participant in the Program, and waives any right, actual or presumed, to bring a cause of action against Carly Fauth if Client has any physical problems as a participant, or any injury to themselves and/or Student’s unborn child(ren) unless caused by the gross negligence of Carly Fauth.
LIMITATION OF LIABILITY: Except in cases of gross negligence, Carly Fauth will not be liable to Client for any type of direct, indirect, special, incidental, equitable or consequential damages for any delays, loss, damage, injury, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, as a result of participation in any Services. Client hereby releases Carly Fauth from any and all claims; including, without limitation, those related to personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition, or issue, or otherwise. CLIENT AGREES NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Any claims by the Client arising under this Waiver must be brought forth in a court of competent jurisdiction by Client within six months of when the Client knew or should have known about the action or omission giving rise to the claim, or such claims shall be forever forfeited.
Client attests that he/she is at least 18 years old and has read and accepts these terms. If the Client is a minor, the person making the attestation is the Client’s parent or legal guardian.
By signing below, I confirm that I have read and fully understand the above disclaimer, am in complete agreement thereto and do freely and without duress sign and consent to all terms contained herein.