This Fitness Waiver, Release, Assumption of Risk and Consent to Participate (the "Waiver") is entered into by the undersigned participant ("Participant," "you," or "your") in favor of proof3 Gym 1 Phoenix, LLC d/b/a proof3 Salt River ("proof3").
This Waiver applies to your participation in any assessment, introductory session, trial class, complimentary class, training session, fitness activity, or other service or activity provided by or at proof3 (collectively, the "Activities").
You voluntarily choose to participate in the Activities.
The Activities may include, without limitation, strength and resistance training, cardiovascular and endurance exercise, mobility and flexibility work, bodyweight exercise, movement assessments, body composition testing, strength and power testing, fitness assessments, use of free weights, machines and other exercise equipment, and instruction or coaching from proof3 staff.
You understand that participation may involve strenuous physical activity and that the intensity and demands of exercise may vary based on the Activity and your individual abilities.
You understand that participation is voluntary and that you may decline or stop any exercise, test, assessment, or Activity at any time.
You acknowledge that you are responsible for determining whether you are physically capable of safely participating in the Activities.
You agree to inform proof3 staff of any known injury, illness, medical condition, physical limitation, pregnancy, medication effect, or other circumstance that may affect your ability to safely participate.
You understand that proof3 staff are not physicians and cannot determine whether participation is medically appropriate for you.
If you have any question or concern regarding your ability to participate safely, you agree that you should consult an appropriate licensed medical professional before participating.
You agree to immediately stop participating and notify proof3 staff if you experience pain, dizziness, faintness, unusual shortness of breath, chest discomfort, loss of balance, or any other concerning symptom.
You understand that exercise, physical training, fitness testing, and the use of fitness facilities and equipment involve inherent and foreseeable risks.
Those risks may include, among other things, muscle soreness, strains, sprains, tendon or ligament injuries, joint injuries, falls, slips, collisions, cuts, bruises, fractures, back or neck injuries, aggravation of known or unknown medical conditions, dizziness, fainting, dehydration, abnormal blood pressure response, respiratory distress, cardiovascular events, equipment malfunction or misuse, and injury resulting from the actions or omissions of you, proof3 personnel, other participants, or third parties.
In rare circumstances, participation in physical exercise may result in serious injury, permanent disability, or death.
You understand that proof3 and its coaches may take reasonable precautions and provide instruction intended to reduce risk, but that no exercise program, facility, coach, assessment, or piece of equipment can eliminate all risk of injury.
You knowingly and voluntarily accept and assume the inherent and foreseeable risks associated with participating in the Activities.
To the fullest extent permitted by applicable law, you, on behalf of yourself and your heirs, estate, personal representatives, executors, administrators, successors, and assigns, release and discharge:
proof3 Gym 1 Phoenix, LLC d/b/a proof3 Salt River, its owners, members, managers, officers, directors, employees, coaches, trainers, contractors, agents, affiliates, successors, and assigns (collectively, the "Released Parties")
from claims, demands, actions, causes of action, damages, losses, or liabilities arising from or related to your participation in the Activities or your presence at or use of the proof3 facility or equipment, including claims arising from the ordinary negligence of any Released Party, to the fullest extent such claims may lawfully be released.
This release is intended to include, without limitation, claims involving ordinary negligence related to instruction or coaching, supervision, fitness assessments, selection or use of exercises or equipment, maintenance or condition of equipment or premises, failure to warn of risks, or other acts or omissions connected with the Activities.
Nothing in this Waiver is intended to release liability that cannot lawfully be released, including liability to the extent caused by gross negligence, reckless conduct, or intentional misconduct where such liability cannot legally be waived.
You understand the nature of the Activities and knowingly and voluntarily assume the risks associated with participating in them.
You acknowledge that injuries may occur even when Activities are performed correctly, equipment functions as intended, and proof3 staff exercise reasonable care.
You accept responsibility for your decision to participate and for monitoring your own condition during participation.
You agree to follow reasonable safety instructions provided by proof3 staff and all posted or communicated facility rules.
You agree to use equipment only for its intended purpose and to request assistance if you are unfamiliar with the proper use of any equipment.
You agree not to participate while impaired by alcohol, recreational drugs, or any substance or condition that materially compromises your ability to exercise safely.
You agree to notify proof3 promptly if any Activity, instruction, equipment, or condition in the facility feels unsafe or inappropriate.
proof3 reserves the right to modify, restrict, or discontinue your participation in any Activity when proof3 reasonably believes doing so is appropriate for safety or operational reasons.
To the fullest extent permitted by law, you agree to indemnify and hold harmless the Released Parties from claims, liabilities, damages, losses, costs, or expenses arising from your own negligent or intentional conduct, misuse of equipment or facilities, violation of proof3 safety rules, damage caused by you to property, or injury caused by you to another person.
This provision is not intended to require you to indemnify a Released Party for liability that cannot lawfully be transferred or waived.
If proof3 staff reasonably believe that you require emergency assistance during or following participation in an Activity, you authorize proof3 to contact emergency medical services and to provide reasonable first aid or emergency assistance within the scope of the responder's training.
You understand that proof3 does not undertake or guarantee any particular medical response and that proof3 staff are not acting as your medical providers.
You understand that participation in certain Activities may involve equipment, applications, fitness technology, assessments, or wearable devices that collect, calculate, or display information relating to your fitness or performance.
This information may include height, weight, body composition, body mass index, lean muscle mass, visceral fat, heart rate, cardiovascular performance, movement measurements, strength and power metrics, and other fitness or activity-related information (collectively, "Fitness and Assessment Data").
You consent to proof3 collecting, recording, accessing, and using Fitness and Assessment Data as reasonably necessary to perform assessments, provide coaching, establish fitness baselines, personalize exercise recommendations, monitor progress, and operate the Activities.
You understand that Fitness and Assessment Data and measurements obtained from fitness equipment or consumer fitness technology may contain measurement error and may vary based on testing conditions and other factors.
Fitness and Assessment Data, fitness testing, coaching recommendations, and discussions with proof3 staff are provided for fitness and wellness purposes only. They do not constitute medical advice, medical diagnosis, or medical treatment.
You agree to consult an appropriate licensed medical professional regarding medical questions or concerns arising from any Fitness and Assessment Data.
You acknowledge that proof3 provides fitness, exercise, assessment, coaching, and wellness services and does not provide medical care, medical diagnosis, physical therapy, or medical treatment unless expressly provided by a properly licensed medical professional acting within their professional scope.
Nothing communicated by proof3 or its staff should be interpreted as a substitute for professional medical advice.
You are responsible for your personal belongings while at proof3.
To the fullest extent permitted by law, proof3 is not responsible for loss, theft, or damage to personal property unless caused by conduct for which liability cannot lawfully be waived.
This Waiver shall be governed by and construed in accordance with the laws of the State of Arizona.
Any legal proceeding arising from or relating to this Waiver shall be brought in an appropriate state or federal court located in Maricopa County, Arizona, subject to applicable law.
If any portion of this Waiver is determined to be invalid or unenforceable, that provision shall be limited or modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect to the fullest extent permitted by law.
You agree that this Waiver may be executed electronically and that an electronic signature or electronic acknowledgment is intended to have the same effect as a handwritten signature to the fullest extent permitted by law.
By signing this Waiver, you acknowledge that:
