ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY
AGREEMENT
DECLARATIONS: This Agreement is entered into between personal trainer Nicole P. Pitts
(“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 Washington 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.
