Participant’s Health Warranty

The Participant warrants and represents that the Participant has no disability, impairment or ailment that prevents him/her from engaging in active or passive exercise, or that will be detrimental or adverse to such person’s health, safety, or physical condition if he/she does so engage or participate. The participant acknowledges and agrees that: 1) 410 FITNESS will rely on the foregoing warranty; 2) 410 FITNESS shall have no obligation to perform a fitness assessment or similar testing to determine the Participant’s physical condition; 3) if any fitness assessment or similar testing is performed by 410 FITNESS, it is solely for the purpose of providing comparative data with which the Participant can track progress in a program and is not for diagnostic purposes; 4) 410 FITNESS shall not be subject to any claim, demand, or injury whatsoever on account of the 410 FITNESS evaluation or interpretation of such fitness assessment or similar testing. Each Participant should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing. 410 FITNESS will encourage Participant to perform their exercises to the best of their ability; however, it is the ultimate responsibility of the Participant to determine their own performance level. Participant warrants that by signing this agreement they assume all risk due to any and all injuries sustained during the course of any and all classes at 410 FITNESS. 

Waiver and Release of Liability

Express assumption of risk: I, the undersigned participant, am aware that there are significant risks involved in any physical training regimen. These risks include, but are not limited to: falls and cardiac issues, which can result in serious injury or death due to negligence on the part of myself, employees or agents of 410 FITNESS, due to improper use or failure of equipment. Injury may also result simply from the physical training itself. 

By its very nature, physical training seeks to have me push beyond my limits in order to produce a physical adaptation by my body. This requires feedback from me to my trainer regarding what is happening with my body. Excessive work can result (in rare cases) in exertional rhabdomyolysis. I should look for signs of excessive soreness, darkened urine, and pain in the kidney areas in the days following a particularly intense workout. While this type of injury is relatively rare, it can occur due to a number of factors, including (but not limited to) genetic predisposition or dehydration that may be beyond the control of my trainer. 

This Waiver and Release of Liability includes, without limitation, injuries which may occur as a result of first aid, emergency treatment or any other services which are negligently rendered or failed to be rendered by released parties, emergency personnel or Good Samaritans, or our negligently preventing a Good Samaritan from rendering first aid. I am aware that any of these above mentioned risks may result in serious injury or death to myself and/or my partner(s). I willingly assume full responsibility for any and all risks that I am exposing myself to, and accept full responsibility for any injury or death that may result from participation in any activity or class while training with 410 FITNESS, at all locations. 

I, the undersigned, acknowledge that I have no physical impairments or pre-existing conditions or illnesses that I know of that will endanger others or myself. 

Release: In consideration to the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities available at 410 FITNESS, I, the undersigned participant hereby release Andrea Alamo and 410 FITNESS, their principals, agents, employees and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activities at 410 Fitness during the course of business, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties.

This agreement shall be binding upon me the participant, my successors, representatives, heirs, executors, assignees, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with 410 FITNESS to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and/or surgical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child.

Indemnification: The Participant recognizes that there is risk involved in the types of activities offered by 410 FITNESS. Therefore, the participant accepts financial responsibility for any and all injuries that the participant may experience, or cause either to him/herself or to any other participant due to his/her negligence or in the normal course of workout activities. I agree to indemnify and hold harmless Andrea Alamo and 410 FITNESS, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by 410 FITNESS as the participant.

Photo/Video Release: I hereby grant 410 FITNESS permission to use my photograph/video image in any and all publications for 410 FITNESS, including web site entries, without payment or any other consideration in perpetuity. 

I hereby authorize 410 FITNESS to edit, alter, copy, exhibit, publish or distribute all photos and images. I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my photo appears. I waive any right to royalties or other compensation arising from or related to the use of the photograph or video images. 

I hereby hold harmless and release and forever discharge Andrea Alamo, 410 FITNESS, agents or employees from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on behalf of my estate which I may have or may have by reason of this authorization. 

I the participant warrant that I am competent to contract in my own name. I have read this release, and fully understand the contents, meaning, and impact of this release and sign this agreement freely and understand to hold 410 Fitness, Andrea Alamo and any agents or employees of 410 Fitness harmless in the event of any and all injuries sustained during classes and workout sessions, including negligent actions of employees or agents and in the normal course of business.

I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.