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PLEASE READ CAREFULLY. THIS AGREEMENT WAIVES CERTAIN LEGAL RIGHTS, INCLUDING CLAIMS FOR ORDINARY NEGLIGENCE WHERE PERMITTED BY LAW.
1. Parties and Eligibility
This agreement is between me, the person electronically accepting it, and Answers Not Excuses Fitness Training LLC (the "Company"). I confirm that I am at least 18 years old and legally able to enter this agreement. The Company and its owners, officers, employees, coaches, and contractors acting on its behalf are the "Released Parties."
2. Activities and Advance Acceptance
In exchange for being permitted to participate in any online exercise and general nutrition coaching the Company provides, I agree to this waiver. The covered "Activities" include fitness assessments, exercise programs, workouts, instruction, feedback, and general dietary guidance delivered remotely or performed independently using the Company's instructions.
I accept this agreement in advance so it applies if I later participate, including trial activities, paid coaching, renewals, and re-enrollment. Submitting an application or accepting this waiver does not enroll me, guarantee acceptance, or require a purchase or payment. This agreement also covers any Activities I voluntarily participate in without charge, even if I never purchase services. Accepting this waiver does not require me to participate.
3. Health and Safety
The Activities are not medical advice, diagnosis, treatment, rehabilitation, or medical nutrition therapy. I will obtain appropriate healthcare advice about my ability to participate and follow any medical restrictions. I will provide accurate information about relevant health conditions and limitations, report relevant changes, and ask for clarification when instructions are unclear.
I am responsible for choosing a safe environment and suitable equipment, staying within my abilities, and not participating while impaired. I will stop if I experience pain, dizziness, or other concerning symptoms and seek appropriate help. Remote coaching does not provide in-person supervision or emergency assistance, and the coach may not observe every movement or hazard.
4. Assumption of Risk
Exercise and dietary changes involve risks, including strains, falls, adverse dietary reactions, worsening health conditions, serious injury, permanent disability, death, and property damage. Risks include incorrect technique, equipment or environmental hazards, and incomplete or delayed remote feedback. I voluntarily accept the inherent risks of the Activities and, to the extent permitted by law, the risks of ordinary negligence addressed below.
5. Release of Liability
TO THE EXTENT PERMITTED BY LAW, I RELEASE THE RELEASED PARTIES FROM CLAIMS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITIES, INCLUDING CLAIMS CAUSED BY THEIR ORDINARY NEGLIGENCE, SUCH AS NEGLIGENT INSTRUCTION, PROGRAM DESIGN, OR FEEDBACK.
THIS RELEASE DOES NOT COVER GROSS NEGLIGENCE, RECKLESS, WILLFUL, OR INTENTIONAL MISCONDUCT, OR ANY LIABILITY OR RIGHT THAT CANNOT LAWFULLY BE WAIVED. IT DOES NOT WAIVE PRIVACY OR OTHER NONWAIVABLE CONSUMER RIGHTS.
6. Continuing Effect
This agreement covers the Activities described above without a new signature for each session, renewal, or return to coaching, unless applicable law requires otherwise or another agreement I accept replaces it. Changes to this waiver or activities beyond its stated scope require new acceptance. Ending participation does not cancel this agreement's effect on prior participation.
If a provision is unenforceable, the remaining provisions continue to apply. Nothing in this agreement overrides mandatory protections under applicable law.
7. Voluntary and Electronic Acceptance
I have read this agreement, understand that I am giving up certain legal rights, have had an opportunity to ask questions, and agree voluntarily. I agree to use an electronic record and electronic signature for this agreement.
By selecting the waiver acceptance checkbox, entering my full legal name in the electronic signature field, and selecting the signing button on the form presenting this agreement, I intend to electronically sign and agree to it. My acceptance applies to the version made available to me when I sign.
Company contact: bennett@answersnotexcuses.com.