RELEASE AND WAIVER OF LIABILITY AND PROGRAM AGREEMENT BY SIGNING THIS AGREEMENT, YOU ARE AGREEING TO THE STIPULATIONS AND REQUIREMENTS OF THE PROGRAM. Participation I agree to participate in the training program for the previously agreed-upon fee. I understand that payment is required before the session(s) take(s) place. Furthermore, I understand that there will be no refunds after payment/payments has/have been made. I understand that I must cancel a scheduled session at least 24 hours prior to the scheduled appointment. If I fail to do this, I will forfeit the session without a refund. Furthermore, more than two cancellations per month will result in being charged whether or not 24 hour notice is given. Sessions are good for a maximum of 6 months from date of payment. Medical Liability I understand that this program is not a medically supervised program and that it was developed for a healthy person with no medical conditions or risks, either physical or psychological. In addition to the terms above, I represent that I am in good physical condition and have no reason or impairment that might prevent me from participating in the program. As such, I acknowledge that Rush Into Fitness, Samantha Rush, did not give me any medical advice before this program and cannot give me any during or after the program, related to my physical condition and ability to participate. If I have any physical or medical concerns now or after the program, I will discuss them with my doctor. The information provided to me by Rush Into Fitness, Samantha Rush, is not intended to diagnose, treat, cure prevent or give medical advice of any kind. If I have an existing medical condition, before I can begin the program, I will present Rush Into Fitness, Samantha Rush with a medical release form, signed and dated by my personal physician. This form represents my physician's approval to participate in any program that is assigned to me by Rush Into Fitness, Samantha Rush. I grant permission to Rush Into Fitness, Samantha Rush to contact my physician/dietitian or health care professional if I require supervision during my participation in the program. I understand that nutrition supplementation may be recommended as part of the program and is NOT required. However, it will be my responsibility to purchase and obtain, if I choose to take any. The training programs are designed to help participants achieve their fitness goals by altering or maintaining body composition through proper application of the 4 components of fitness: nutrition (food intake), cardiorespiratory training, resistance training and professional assistance). These programs focus on changes in body composition and circumference measurements; not weight loss. During the program, I should not expect to lose more than a maximum of two pounds per week. I agree to read and complete all of the forms and bring them with me to the first session, unless other arrangements have been made. I also agree to attend scheduled appointments with Rush Into Fitness, Samantha Rush and comply to the 4 components that will assist in the achievement of my goals. Gym Facilites I understand that using gym facilities and workout equipment and other activities involved in the program and any other programs or offerings by Rush into Fitness, Samantha Rush involves risk of injury to me, whether I or someone else causes it. Specific risks vary from one activity to another and the risks range from minor to major injuries, such as catastrophic injuries, including, but not limited to, death. I acknowledge that any injuries may be compounded by negligent emergency response or rescue operations. I acknowledge that I am knowingly and voluntarily participating in the program and any other programs or offerings by Rush into Fitness, Samantha Rush with an express understanding of the danger involve and hereby agree to accept and assume any and all risks of injury, death, or property damage, whether caused by the negligence of the company or its agents or employees. In consideration of my participation in the activities offered by Rush Into Fitness, Samantha Rush, I understand and voluntarily accept this risk and agree that Rush Into Fitness, Samantha Rush will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, economic loss or injury to me resulting from the negligence of Rush Into Fitness, Samantha Rush or anyone using the facility or equipment, whether related to the exercise program or not, and expressly waive and release any and all claims, now known or hereafter known, in any jurisdiction against Rush Into Fitness, Samantha Rush, its officers, employees, agents, successors and assigns. I covenant not to make or bring any such claim against Rush Into Fitness or Samantha Rush. Furthermore, I understand and acknowledge that Rush Into Fitness, Samantha Rush does not manufacture fitness or other equipment, but purchases or leases equipment. I understand and acknowledge that Rush Into Fitness, Samantha Rush is providing training services and is not liable for defective or faulty products. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This agreement is not effective until it is signed and dated. By signing below, I acknowledge and agree that I have read the foregoing and know of the nature of the activities and agree to all the terms of this agreement. By selecting the "I Accept" button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting "I Accept" you consent to be legally bound by this Agreement's terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide GYV Inc.or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as"E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Rush Into Fitness. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement. You further agree that each use of your E-Signature in obtaining a Rush Into Fitness onLine service constitutes your agreement to be bound by the terms and conditions of the Rush Into Fitness.
