This Strength Training Class Waiver, Release of Liability, and Assumption of Risk is entered into by and between Thrive Mama Thrive, its instructor Rachel Sims, the facility Casa Bonita, and the undersigned participant.
By signing this Waiver, the Participant acknowledges and agrees to the terms and conditions set forth herein:
1. Acknowledgment of Risks
The Participant understands and acknowledges that participation in strength training and high-intensity workout classes involves inherent risks, dangers, and hazards that may cause serious injury, including but not limited to:
General Physical Risks: Sprains, strains, muscle tears, broken bones, dislocations, cardiovascular events (e.g., heart attack, stroke), fainting, dizziness, falls, overexertion, dehydration, and other physical or mental injuries, or even death.
Specific Training Risks: Injuries arising from lifting weights, using exercise equipment, performing high-intensity movements, incorrect form, or inadequate spotting. This also includes risks associated with variations in physical ability among participants and the intensity of group instruction.
Medical Risks: Participation is not recommended for individuals with certain medical conditions. The Participant acknowledges that they are responsible for consulting with a physician prior to participating and for ensuring they are in adequate physical condition to engage in strenuous exercise.
Environmental Risks (Outdoor Class at Casa Bonita): Given that the class will be conducted outdoors at Casa Bonita, the Participant acknowledges and assumes risks associated with:
Weather Conditions: Exposure to hot temperatures, sun exposure, humidity, and potential for heat-related illnesses such as heat exhaustion, heatstroke, and dehydration.
Outdoor Terrain: Uneven surfaces, slippery areas (due to sweat, water, or other factors), unexpected obstacles, trip hazards, and other environmental conditions typical of an outdoor setting.
Insect Bites/Stings: Potential exposure to insects.
The Participant understands that these risks cannot be entirely eliminated and are an integral part of physical activity, especially in an outdoor group setting.
2. Assumption of Risk
The Participant voluntarily participates in the strength training class offered by Thrive Mama Thrive at Casa Bonita. The Participant has read and understands the potential risks and voluntarily assumes all known and unknown risks of injury, illness, damage, or loss to their person or property that may result from their participation, whether caused by the negligence of the Business, Instructor, Facility, other participants, or otherwise.
3. Release of Liability and Indemnification
In consideration for being permitted to participate in the strength training class, the Participant, on behalf of themselves, their heirs, personal representatives, executors, administrators, next of kin, and assigns, hereby releases, waives, discharges, and covenants not to sue Thrive Mama Thrive, Rachel Sims, Casa Bonita, and their respective owners, directors, officers, employees, agents, instructors, volunteers, and affiliates (collectively, the "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever, whether in law or equity, arising out of or related to any loss, damage, or injury, including death, that may be sustained by the Participant, or to any property belonging to the Participant, arising out of or in connection with participation in the class, regardless of how such loss, damage, or injury may be caused, including but not limited to the negligence of the Released Parties. The Participant further agrees to indemnify and hold harmless the Released Parties from any loss, liability, damage, or costs, including attorney's fees, that they may incur due to the Participant's participation in the class, whether caused by negligence or otherwise.
4. Participant's Health and Medical Representation
The Participant represents and warrants that they are in good physical condition and have no medical or physical conditions that would prevent their safe participation in the strength training class. The Participant has consulted with a licensed medical professional prior to signing this Waiver and beginning the class, and has received clearance to participate. The Participant agrees to immediately inform Rachel Sims of any physical or medical conditions, discomfort, or pain experienced during the class and will discontinue activity if necessary.
5. Emergency Contact Information
In the event of an emergency, the Participant authorizes Rachel Sims, Thrive Mama Thrive, or Casa Bonita staff to seek medical attention for them, and the Participant agrees to be responsible for any and all costs associated with such medical care.