NOTICE: CLIENT WAIVER, AGREEMENT AND ACKNOWLEDGEMENT
SITE: AZO Fitness, Inc. | dba The Well Studio | 7151 Regional Street, Dublin, CA 94568 ENGAGING IN MOVEMENT AND MINDFULNESS EDUCATION OR ANY PHYSICAL EXERCISE CAN LEAD TO PHYSICAL INJURY. ADDITIONALLY, PARTICIPATION WITH OTHER PERSONS MAY INCREASE MY RISK OF EXPOSURE TO INFECTIOUS DISEASES. WHEN YOU ENROLL IN ANY EVENT OR ACTIVITY HOSTED BY AZO FITNESS, INC. (“The Site”), YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ARE WILLING TO ACCEPT ALL PHYSICAL RISKS ASSOCIATED WITH ENGAGING IN MOVEMENT AND MINDFULNESS EDUCATION AND EXERCISE WITH OTHER PERSONS WHO LIVE OUTSIDE OF MY HOUSEHOLD. BEFORE ENGAGING IN SUCH CONDUCT, PLEASE CONFIRM WITH YOUR DOCTOR THAT YOU ARE FIT TO ENGAGE IN PHYSICAL EXERCISE. IF YOU HAVE ANY QUESTIONS REGARDING THE POTENTIAL PHYSICAL RISKS WITH ANY EXERCISE OR INSTRUCTION, PLEASE ALSO CONSULT WITH YOUR MEDICAL PROFESSIONALS. LASTLY, PLEASE NOTIFY THE SITE IMMEDIATELY WITH ANY CHANGES OR UPDATES TO YOUR PHYSICAL CONDITION.
My Health
I am in proper physical condition to participate in the Activities (including, but not limited to, Classes, Workshops, Events, Personal Training, Small Group Training and Individual Fitness Equipment use) and I understand that participation in Activities could result in blood pressure changes, heart rate changes, and physical injury. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. I understand my physical health and limitations and am sufficiently self- aware to stop physical activity before I become ill or injured. I also understand it is my responsibility to inform the Site of any previous medical conditions, injuries, or surgeries, or to let the Site know I am pregnant and to keep the Site informed of any future changes to my medical condition. In consideration of being permitted to participate in any and all Activities, I expressly agree that all risk at the Site, including equipment and services, is undertaken by me at my sole risk. If I experience any pain or discomfort I will notify the instructor and ask for support.
Exercise & Movement
I am participating in classes, workshops and other fitness and wellness programs ("Activities") offered by AZO Fitness, Inc. (“the Site”) and/or its owners, directors, instructors, workshop presenters, general staff, associates and independent contractors. I understand that I must be in good physical and mental health to participate in the Activities and that the Activities require physical exertion, and I represent and warrant that I am physically fit and have no medical condition that would prevent my participation in these Activities. I understand that it is my responsibility to consult a physician prior to and regarding my participation in the Activities, and if so, I have taken the physician's advice. I understand that the Site reserves the right in absolute discretion to refuse my participation in an Activity on medical, fitness or other reasons.
Outdoor & Offsite Events
By participating in any Outdoor and/or Offsite Events hosted or sponsored by AZO Fitness, Inc, you agree that you have enrolled in a program of physical and/or mental activity, including but not limited to body-conditioning props and equipment used during said Event. The location of the Activity or Event may inherently pose added risk of physical injury. You agree that AZO Fitness, Inc. is not to be held responsible for the condition of the location or Activity or Event and therefore, you take full responsibility for mitigation of your personal injury risks associated with these Activities or Events.
Compliance with Rules and Conduct of Enrollees
Enrollee agrees to be subject to the control and guidance of the Site staff while on the premises and will follow instruction of Site personnel. Enrollee agrees to conduct theirself in a quiet, well-mannered fashion while on the premises and reserve all criticism of any major kind about other enrollees, guests, or Site personnel until in a private office with the Site manager. Enrollee agrees to obey all rules and conditions of retreat contained in this agreement or in the future as prescribed by the Site. The Site reserves the right to revoke or terminate the enrollee's registration if the enrollee fails to keep and obey any of the rules or conditions.
Photography
I understand that the Site may from time to time photograph or video classes or events occurring at its Site and place such photographs and videos on its web site and social media. I hereby consent to the use of my image and/or images of my children and family members that may appear in any such photographs and/or videos.
Refunds
All sales are final. There are no refunds, transfers, or exceptions made. The content, products and/or services provided by the Site is not intended to prevent, diagnose, or heal.
Infectious Diseases
Please review each guideline below. AZO Fitness, Inc. appreciates your cooperation in keeping our community as healthy as possible. I acknowledge that “Infectious Diseases” have been confirmed throughout the United States and Internationally, including in the state in which the Site is located.
For good and valuable consideration, the parties agree as follows: I agree to follow any and all safety protocols that have been or will be implemented by the Site, including those that are posted at the Site and those that are sent to me electronically including by text message, SMS and/or email, as well as those posted on the website for the Site. I acknowledge that the Owner may change these protocols at any time and I agree to abide by any and all such changes. By signing, I understand and acknowledge that AZO Fitness, Inc. cannot guarantee my safety or immunity from infection. The mode by which certain Infectious Diseases are transmitted or how long they may remain on surfaces or in the air is not entirely known. I fully understand, acknowledge and appreciate these facts and the uncertainty of viruses and how they may impact my health. I knowingly and voluntarily assume all risks associated directly or indirectly with participating in any activity at the Site, including classes, workouts, personal training, traveling to and from the Site, entering and exiting the Site premises, using equipment at the Site, interacting with other persons at or around the Site, and/or using facilities within the Site premises; including restrooms (collectively, the voluntary activity).
I further expressly agree that the foregoing Infectious Diseases WAIVER OF LIABILITY, ASSUMPTION OF RISK, RELEASE AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by applicable law and that if any portion thereof is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.
General Liability
I agree and acknowledge that use of AZO Fitness, Inc. (“the Site”) and its facilities and services, including hosted offsite offerings, may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death and/or property damage. I HEREBY ASSUME FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY DEATH OR PROPERTY DAMAGE to me, including due to negligence, active or passive, or otherwise while in, about or upon the premises of the Site and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with the Site. I acknowledge that any illness or injuries that I contract or sustain may be compounded by negligent first aid or emergency response of the Releasees and I waive any claim in respect thereof. With this understanding, I knowingly and voluntarily waive, release and covenant never to sue any AZO Fitness, Inc., parties, their respective directors, officers, employees, volunteers and agents (collectively, the Releasees), from any and all present and future claims of any type, including for any harm or loss, economic loss, personal injury, disease, death and property damage suffered by me. I agree to indemnify and hold harmless, and covenant not to sue, the Releases for any personal injury, death, medical expenses, disability, loss of capacity, property damage, court costs, attorneys‚ fees, and/or other loss, including arising out of or related, whether directly or indirectly, to any work-related duties.
Agreement to this Confirmation and Liability Information will act as your continued agreement to all future participation with the Site, whether In-Person, via FaceTime, online via Zoom or other video conferencing or live streaming tool.
LAW APPLICABLE
California state law governs this Agreement.
INVALID PROVISIONS
If any part of this Agreement is found to be invalid of unenforceable, the remainder of the Agreement will be valid and enforceable.
ACKNOWLEDGEMENT
This Agreement constitutes the entire agreement between you and the Site. This Agreement may only be amended or altered in writing, signed by both parties. You acknowledge that you have read and understood the terms and conditions of this Agreement, and that you agree to be bound by such terms and conditions. I voluntarily and knowingly agree to the terms and conditions stated herein. I consent to the above Waiver of Release and Assumption of Liability with regards to all sections and aspects of this document.
***This Client Waiver, Agreement and Acknowledgement does not supersede any previous
waivers, agreements or contracts with the Site.
