Terms of Agreement for participating in Milton's Fitness Club Program
Informed Consent and Release of Liability
I acknowledge that I understand that Milton’s Strength Training TM (the Service) offered via Skype by Jimenez Family Enterprises, Inc., d/b/a Milton's Fitness Club (the "Club") is intended to improve overall health and fitness including back and neck strengthening through weight resistance training, and health and fitness education, application and motivation (the "Program").
I hereby represent that I am eighteen (18) years of age or older.
Before participating in the Program, I agree to provide information to my primary medical physician about my intent to participate in the Program. I acknowledge and certify that my physician has approved my participation in the Club's Program and I will follow my physician's advise. I agree to verbally inform the Club's staff in the event of any change in my medical status before participating in every Program session because I understand the Club is not a medical facility and does not store medical information. I acknowledge and certify that it is my primary medical physician's responsibility to determine if I am suitably fit and healthy enough to participate in the Club's Program.
It is my understanding, and I acknowledge and certify that I have been informed that there is a possibility during the Club's Program of adverse health changes including but not limited to abnormal blood pressure response, fainting, disorders of heart rhythm and in rare instances heart attack and possibly death. I also understand that there is a risk of injury including but not limited to muscle soreness, strain or ligament sprain, shin splints, tendonitis, joint ache, nerve compression or impingement, back pain, neck pain, plantar fasciitis, contusion/bruising, fracture, meniscus tears, patellofemoral joint pain syndrome, and/or Achilles tendon injury. I am also cognizant that anyone who smokes, has ever had elevated blood pressure, presently does not exercise, is overweight or obese, has diabetes, cardiovascular problems, or is susceptible to orthopedic problems is at greater risk while exercising. Knowing all these risks, it is my desire to participate in the Club's Program.
I am aware that during my physical participation in the Program, I may stop at any time. I agree to report any physical problems to the Club's staff, including but not limited to feeling dizzy, severe shortness of breath, abnormal heart activity, chest pain, nausea, and/or any other discomfort that doesn't feel normal.
I agree to have my phone with me during my physical participation in every Program session in case of sudden adverse health changes so that I can contact a medical emergency responder. I acknowledge and certify that I am responsible for my safety and well-being at all times and during all circumstances while participating in the Club's Program.
I understand that my participation in the Club's Program is voluntary and I agree to wear proper footwear for good arch support, clothing that allows for full range of motion, weight lifting gloves for grip and comfort, and have a fixed weight dumbbell rack that is approximately thirty inches high to select and return my fixed weight dumbbells during my physical participation in every Program session. I agree not to be intoxicated with alcohol or any illicit or prescription drugs which could in any way affect my capability to safely participate in the Club's Program.
Release of Liability
I am cognizant that exercise is a physically stressful activity and in rare instances can even be harmful and result in death. I understand that my use of the Club and the Program is voluntary and at my own risk and in consideration of being allowed to participate in the Club's Program, I hereby release and discharge, hold harmless, indemnify and covenant not to sue in the present or in the future Jimenez Family Enterprises, Inc., Milton's Fitness Club, Milton Jimenez and/or Cynthia Jimenez, including all affiliates and subsidiaries, directors officers, employees, agents successors, and assigns with regard to each and every claim, demand, action or cause of actions of any kind, which includes claims emerging due to carelessness of any individual or party, and from each and every liability for each and every loss and/or property damage and/or personal trauma of each and every sort, essence, or specification, including death, that may arise or be sustained by me during or related to my participation in the Program, including but not limited to testing, facility, equipment, advisors, consultants, trainers and professionals. I acknowledge and confirm that I execute this release and covenant not to sue voluntarily or involuntarily and as a condition of my participation in the Program. This release and covenant not to sue shall be binding upon my heirs, administrators, executors and assigns.
I represent that I have read and understand this release and have had an opportunity to ask questions regarding this Informed Consent and Release of Liability through the email listed below. I acknowledge and confirm that this release is being relied on by the Club in permitting me to participate in the Club's Program. I comprehend that at any time I may review this Informed Consent and Release of Liability by reading it on the Club's website (www.miltonsfitnessclub.com). If any portion of the agreement is deemed invalid, it will not affect the enforceability of the remainder of the agreement.
I, the participant in the Club's Program, understand that I will be asked to agree to the terms of the Informed Consent and Release of Liability before I schedule my appointment online or I will not be able to continue the scheduling process. By checking the "I agree to the Terms" box, when I schedule my appointment online, I will legally agree to these terms.
If you have any questions about this Informed Consent and Release of Liability, please contact us by email at email@example.com