GENERAL CONSENT, WAIVER OF LIABILITY & RELEASE
By reading and agreeing to this document, I, the undersigned client (or authorized representative), voluntarily consent to participate in group exercise classes and individual training sessions presented by Pink Fitness Florida LLC, including its members, managers, officers, employees and other authorized agents (“Pink Fitness”). I understand that, prior to participating in Pink Fitness exercises classes or individual training sessions (collectively, “Sessions” and each, a “Session”), Pink Fitness recommends I consult with a licensed healthcare provider concerning any limitations on my participation. By agreeing to the Terms & Conditions, I acknowledge and consent to the following:
I understand that Pink Fitness is not a licensed healthcare provider and does not accept health insurance. I agree to pay Pink Fitness for the Sessions, and payment is due at the time of service. A list of charges for services is available.
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Sessions. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation.
I understand that it is my responsibility to inform Pink Fitness of any physical limitations on my ability to participate in the Sessions, including, without limitation, as may be recommended by a licensed healthcare provider. I further understand it is my responsibility to disclose any condition, illness, disease, allergy, or other health problem that may impact my ability to participate in the Sessions, including whether I am pregnant or recently gave birth.
I understand and agree that the terms of this consent will apply to my initial Session as well as any subsequent Sessions. I understand that I have the right to revoke my consent at any time in writing.
I understand that Pink Fitness doesn’t make any warranties, assurances, or guarantees regarding the efficacy of the Sessions, and the Sessions are potentially dangerous and may involve risk of injury, including without limitation, pregnancy or postpartum complications.
DESPITE THESE RISKS, I ACKNOWLEDGE THAT I’M KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE SESSIONS WITH AN EXPRESS UNDERSTANDING OF THE RISKS INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE SESSIONS WHETHER CAUSED BY PINK FITNESS’ NEGLIGENCE OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known, against Pink Fitness, including its members, managers, officers, employees and other agents on account of injury, disability, death, or property damage arising out of or attributable to participation in the Sessions whether caused by the ordinary negligence of Pink Fitness or otherwise.I covenant not to make or bring any such claim against Pink Fitness, and forever release and discharge Pink Fitness from liability under such claims.
If any term or provision of this consent and release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this consent and release or invalidate or render unenforceable such term or provision in any other jurisdiction. Any claim or cause of action arising under this consent and release may be brought only in the federal and state courts located in Pinellas County, Florida. If I bring any claims against Pink Fitness in contravention of this release, I will immediately, upon request, reimburse all of Pink Fitness’ costs and expenses (included attorneys’ fees) in defending any such claim.
By agreeing to these Terms & Conditions, I certify that I have read, understand, and agree to its contents, including consenting to participating in the Sessions and releasing substantial legal rights, including the right to sue Pink Fitness. I have had the opportunity for an attorney and Pink Fitness to answer any questions I may have. I represent, warrant, and agree that I am authorized to consent to such participation.