Terms and Conditions

ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT DECLARATIONS: This Agreement is entered into between personal trainer PAIGE ROMANOWSKI, DREW KELLY, SAM ACHILICH AND RACHEL GOODALE (“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. ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises 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), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. 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, aquatic activities, tennis, basketball, volleyball, racquetball, 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. 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) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a 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 or premises. 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. 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 in the State of New York 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 his/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.

 

 

Coronavirus (COVID-19) is an illness caused
by a virus that can spread from person
to person.You can become infected by coming into
close contact (about 6 feet or two
arm lengths) with a person who has
COVID-19. COVID-19 is primarily spread
from person to person. The virus that causes COVID-19 is a new
coronavirus that has spread throughout
the world.

• COVID-19 symptoms can range from mild
(or no symptoms) to severe illness.

•You can become infected from respiratory

droplets when an infected person coughs,
sneezes, or talks.
• You may also be able to get it by touching a
surface or object that has the virus on it, and
then by touching your mouth, nose, or eyes.

Everyone is at risk of
getting COVID-19.
• Older adults and people of
any age who have serious
underlying medical conditions
may be at higher risk for more
severe illness.

 

I acknowledge that I wish to participate in Bodyrite Training workouts outside the facility in various locations throughout the town of Mattituck, NY. I understand that certain risks are inherent in public congregation and other activities in which I will participate on my own volition, and I fully accept those risks. These risks include, but are not limited to, injury, disease or other threat of physical harm to myself and others, risk of infection of COVID-19, and damage to personal property through exercise. I understand that there may be a great variety of other risks not known or reasonably foreseeable. I acknowledge that Bodyrite Training is not responsible for any harm that might occur.

 

I understand and agree to respect the rules and regulations of participating in these workoutsThis includes, but is not limited to taking my temperature prior to working out, wearing a face mask upon arrival to class until I am in the designated workout area, washing my hands prior to working out, refrain from touching anyone during or after workout, maintaining a minimum of 6ft from any other person, remaining in designated workout area for the entirety of my workout, participating in proper warm-up, workout, and stretch following the workout, signing up prior to the workout and cancelling appointment with proper notification or risk being banned from participating in future workouts. I also agree that I will refrain from attending if I show any symptoms of illness. 

 

I understand that the initial liability waiver signed upon gym membership is in full effect, and this is in addition to any previous agreements signed henceforth. I fully release and discharge Bodyrite Training and its employees, officers, and agents from all liability in connection with my participation in these workouts.