DECLARATIONS:
This Agreement is entered into between personal trainer Sydney Stuart (“Trainer”) and the undersigned (“Client”). The provision of personal training services by Trainer to Client, and Client’s use of any premises, facilities, or equipment are contingent upon this Agreement.

PRIVATE RESIDENTIAL FACILITY ACKNOWLEDGMENT:
Client acknowledges that all training sessions are conducted at a private residential home gym located at 1720 Simpson Court, Kelowna, BC, V1X 7C1, Canada. This location is not a commercial facility. As such, certain amenities, equipment, or safety features typical of commercial gyms may not be present. Client assumes all risks associated with training in this private setting.

ASSUMPTION OF RISK:
You agree that if you engage in any physical exercise or activity, including personal training, or enter the premises or use any facility or equipment at the above address for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns.

Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sidewalks, parking areas, stairs, or other areas of the residential premises.

You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, or any other sporting or recreational endeavor.

You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.

HEALTH DECLARATION:
Client represents that they are in good physical condition and have no medical reason, impairment, or disability that might prevent them from participating in physical activity. Client acknowledges that they have either had a physical examination and been given physician approval to participate, or that they have decided to participate without physician approval and accept full responsibility for this decision.

COMMUNICABLE DISEASE ACKNOWLEDGMENT:
Client understands that participation in activities may expose them to communicable diseases, including but not limited to COVID-19. Client voluntarily assumes all such risks.

RELEASE:
You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns.

This waiver and release of liability includes, without limitation, injuries which may occur as a result of:
(a) your use of any exercise equipment or facilities which may malfunction or break,
(b) improper maintenance of any exercise equipment, premises or facilities,
(c) negligent instruction or supervision, including personal training,
(d) slipping or tripping and falling while on any portion of the premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility.

INDEMNIFICATION:
By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to you.

PHOTO & VIDEO RELEASE:
Client grants Trainer permission to use photographs, videos, or audio recordings taken during training sessions for promotional or educational purposes, unless otherwise requested in writing.

ACKNOWLEDGMENTS:
You expressly agree that the foregoing release, waiver, assumption of risk, and indemnity agreement is intended to be as broad and inclusive as permitted by the law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

You acknowledge that Trainer offers a service to her clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer. You acknowledge and agree that Trainer does not place such items into the stream of commerce.

This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk, and indemnity agreement.

You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Trainer for Trainer’s negligence, or for any defective product used while receiving personal training from Trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia.

EMERGENCY CONTACT INFORMATION:
Emergency contact name and phone number must be provided prior to participation in any training sessions.

SIGNATURE:
By submitting this waiver electronically, you confirm that you have read, understood, and agree to all terms stated above. You acknowledge that this submission constitutes a binding agreement.

IF UNDER 18 YEARS OF AGE:
If the Client is under the age of 18, this section must be completed by a parent or legal guardian:

I am the parent or legal guardian of the minor participating in training sessions. I have read and fully understand this agreement and its terms. I understand that it releases and waives legal rights that I and/or the minor would otherwise have. I consent to the minor’s participation and agree to be bound by this Agreement.