In consideration of being permitted by BIOFIT RECOVERY LLC, a Florida Limited Liability Company, CHRISTOPHER G. CHILDS (hereinafter "ESTRENGTH DELIVERED") to participate in its personal training, physical fitness class, and wellness programs, I (the undersigned) hereby waive, release, and discharge any and all claims for damages or personal injury, death, or property damage which I may have or which may hereafter accrue as a result of my participation in said activity.
This release is intended to discharge BIOFIT RECOVERY LLC,ESTRENGTH DELIVERED AND CHRISTOPHER G. CHILDS as well as all of its Members or shareholders and members of its personal training staff and contractors, whether contracted or employed, from and against any and all liability arising out of or connected in any way with any participation in said activity.
Participation in the physical fitness and personal training classes carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries.
THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF (1) EQUIPMENT BELONGING TO ESTRENGTH DELIVERED OR TO MYSELF THAT MAY MALFUNCTION OR BREAK; (2) ANY SLIP, FALL, DROPPING OF EQUIPMENT; (3) AND/OR NEGLIGENT INSTRUCTION OR SUPERVISION.
I have been informed of, understand, and am aware that any exercise program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity. I also have been informed of, understand, and am aware that any exercise and/or fitness activities involve a risk of injury, as well as abnormal changes in blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability, or death, and that I am voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding, and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury, regardless of severity, or death.
I have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program or initiating a substantial change in the amount of regular physical activity performed. If I have chosen not to obtain a physician’s consent prior to beginning this fitness program with BIOFIT RECOVERY LLC, ESTRENGTH DELIVERED AND CHRISTOPHER G. CHILDS, I hereby agree that I am doing so solely at my own risk. In any event, I acknowledge and agree that I assume the risks associated with any and all fitness-related activities and/or exercises in which I participate.
I understand that participating in the physical fitness and personal training classes/sessions provided by BIOFIT RECOVERY LLC, ESTRENGTH DELIVERED AND CHRISTOPHER G. CHILDS may include certain activities that are of a hazardous nature and/or include physical and/or strenuous activity, that serious accidents occasionally occur during the above activity; and that I, as a participant in the activities, can occasionally sustain personal injuries as a consequence thereof. Knowing the risks involved, nevertheless, I have voluntarily applied to participate in said activity, and I hereby agree to assume any and all risks of injury or death and to release and hold harmless BIOFIT RECOVERY LLC, ESTRENGTH DELIVERED AND CHRISTOPHER G. CHILDS , its members, as well as all members of its staff, whether contracted or employed, who might otherwise be liable to me.
I further understand and agree that this hold harmless, waiver, release, and assumption of risks is to be binding on me, my heirs and assigns.
I further agree to indemnify and to hold BIOFIT RECOVERY LLC, ESTRENGTH DELIVERED AND CHRISTOPHER G. CHILDS , as well as all members of its staff, whether contracted or employed, free and harmless from any loss, liability damage, cost, or expense which they may incur as a result of any injury that I may sustain while participating in the class or personal training session.
ECCENTRIC ONLY STRENGTH TRAINING AND BLOOD FLOW RESTRICTION (BFR) CONSENT
Health Declarations:
• Pregnancy: I am not currently pregnant. I understand that if I become pregnant, I should consult with my physician before using BFR.
• Medications: I am not currently taking any medications that may impair my body's natural heat loss mechanisms or inhibit sweating. I understand that certain medications may affect my ability to safely use the red-light infrared sauna or cold plunge.• Medical Conditions: I do not have any medical conditions that may limit or prevent my ability to sweat (e.g., anhidrosis).
• Cardiovascular Health: I do not have unstable angina, have not had a recent heart attack, and do not have peripheral artery disease. I understand that individuals with cardiovascular conditions should consult their physician before using the red-light infrared sauna or cold plunge. I do not have a pacemaker.
• Alcohol and Substance Use: I have not consumed alcohol or drugs prior to this session. I understand that the use of alcohol or drugs before or during ECCENTRIC OR A BFR session may lead to dizziness or unconsciousness.
Usage Guidelines:
• Consult your physician if you are in doubt of your ability to use BFR BLOOD FLOW RESTRICTION or ECCENTRIC ONLY STRENGTH TRAINING for health reasons.
• Discontinue BLOOD FLOW RESTRICTION (BFR) or ECCENTRIC STRENGTH TRAINING if you feel light-headed, dizzy, or heat exhausted.
• BFR sessions should be limited to no more than 20 minutes, and I agree that I will be properly hydrated before engaging in BFR
•Assumption of Risks: I acknowledge and assume all risks associated with the use of Blood Flow Restriction (KAATSU & BSTRONG) and Eccentric only strength training, including the possibility of severe injury or death. These risks may arise from my own actions, the actions of others, or the condition of the equipment or facility.
Release of Liability: I, on behalf of myself and my heirs, release and hold harmless BIOFIT RECOVERY LLC, ESTRENGTH DELIVERED AND CHRISTOPHER G. CHILDS, its officers, agents, employees, and any associated third parties from any claims or liabilities for injury, disability, death, or property damage arising from my participation in BFR blood flow restriction and/or eccentric strength workout sessions.
PHOTO/VIDEO/AUDIO RELEASE
By signing below, I fully understand and consent that I may be photographed, video-taped, or audio-taped while exercising. I hereby surrender all rights to such photos, videos, or audio recordings and understand that BIOFIT RECOVERY LLC, ESTRENGTH DELIVERED AND CHRISTOPHER G. CHILDS may or may not choose to use these photos or videos for media or promotional use now or in the future and that I am not entitled to any compensation for the use of same. I understand that if the photos or videos are used, it will be done so in a tasteful and respectful manner.
FINAL AGREEMENT
I HEREBY VOLUNTARILY AND IRREVOCABLY AGREE TO ASSUME ALL OF THE FOREGOING RISKS AND ACCEPT SOLE RESPONSIBILITY FOR ANY INJURY TO MYSELF OR MINOR (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DISABILITY, AND DEATH), ILLNESS, DAMAGE, LOSS, CLAIM, LIABILITY, OR EXPENSE (INCLUDING, WITHOUT LIMITATION, MEDICAL EXPENSE), OF ANY KIND, THAT I OR MINOR MAY EXPERIENCE OR INCUR IN CONNECTION WITH MY AND MINOR’S ATTENDANCE AT BIOFIT RECOVERY LLC, ESTRENGTH DELIVERED AND CHRISTOPHER G. CHILDS OR PARTICIPATION IN BIOFIT RECOVERY LLC, ESTRENGTH DELIVERED AND CHRISTOPHER G. CHILDS PROGRAMMING (COLLECTIVELY, "CLAIMS").
ON MY BEHALF, AND ON BEHALF OF MY MINOR, I HEREBY RELEASE, COVENANT NOT TO SUE, DISCHARGE, AND HOLD HARMLESS BIOFIT RECOVERY LLC, ESTRENGTH DELIVERED AND CHRISTOPHER G. CHILDS , ITS EMPLOYEES, STAFF MEMBERS, INDEPENDENT CONTRACTORS, AGENTS, DIRECTORS, OFFICERS, VOLUNTEERS, AND REPRESENTATIVES, OF AND FROM THE CLAIMS, INCLUDING ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING OUT OF OR RELATING THERETO. I UNDERSTAND AND AGREE THAT THIS RELEASE INCLUDES ANY CLAIMS BASED ON THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF ESTRENGTH DELIVERED, ITS EMPLOYEES, STAFF MEMBERS, INDEPENDENT CONTRACTORS, AGENTS, AND REPRESENTATIVES, WHETHER A BLOOD CLOT OCCURS BEFORE, DURING, OR AFTER PARTICIPATION IN ANY BIOFIT RECOVERY LLC, ESTRENGTH DELIVERED AND CHRISTOPHER G. CHILDS PROGRAM.
BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS HOLD HARMLESS AGREEMENT, WAIVER, AND RELEASE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND BIOFIT RECOVERY LLC, ESTRENGTH DELIVERED, CHRISTOPHER G. CHILDS AND ANY STAFF MEMBER OF BIOFIT RECOVERY LLC, ESTRENGTH DELIVERED AND CHRISTOPHER G. CHILDS WHETHER CONTRACTED OR EMPLOYED.
I acknowledge that I am signing the agreement freely and voluntarily, am over the age of 18, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
