Liability Waiver & Assumption of Risk

I understand and acknowledge that participation in physical exercise and personal training activities involves inherent risks that cannot be eliminated without fundamentally altering the nature of the activity. These risks include, but are not limited to: muscle strains, sprains, ligament and tendon injuries, fractures, dislocations, cardiovascular events including cardiac arrest, heat-related illness, and in rare cases, permanent disability or death. I acknowledge that these risks exist even when training is conducted with proper instruction, supervision, and equipment, and that FitnessTrainerOC cannot guarantee my safety.

I voluntarily assume all risks associated with participation in personal training sessions with FitnessTrainerOC, whether those risks are known or unknown to me at this time. I expressly waive any rights I may have under California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party."

In consideration of being permitted to participate in personal training services provided by FitnessTrainerOC and West Coast Coaching LLC, I hereby release, waive, discharge, and covenant not to sue FitnessTrainerOC, West Coast Coaching LLC, and their respective owners, trainers, employees, agents, and representatives (collectively, "Released Parties") from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury — including death — that may be sustained by me in connection with participation in personal training activities.

This release applies to claims arising from the ordinary negligence of the Released Parties, to the fullest extent permitted by California law. This release does not apply to claims arising from gross negligence, recklessness, fraud, or intentional misconduct by the Released Parties, which cannot be waived under California law.

To the fullest extent permitted by California law, I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, damages, losses, costs, and expenses — including reasonable attorneys' fees — arising out of or related to: (a) my participation in personal training services; (b) my breach of any representation or agreement in this Waiver; or (c) any claim by a third party arising from my conduct during training activities. This indemnification obligation does not apply to claims arising from the gross negligence, recklessness, or intentional misconduct of the Released Parties.

I represent that I have consulted with a licensed physician or qualified healthcare provider as I deem appropriate prior to beginning training, and that I have not been advised against participating in physical exercise. I acknowledge that FitnessTrainerOC is not responsible for verifying my medical clearance status and does not undertake any obligation to do so. I assume full responsibility for determining whether I am medically fit to participate.

I agree to promptly inform my trainer of any changes to my health status, including new injuries, illnesses, medications, or medical diagnoses, before each training session.

I acknowledge that personal training activities may include, but are not limited to:

• Resistance and weight training using free weights, machines, and bodyweight exercises
• Cardiovascular conditioning including running, interval training, and circuit work
• Flexibility, mobility, and stretching exercises
• Outdoor training activities including hill work, park workouts, and beach training
• Functional movement patterns and sport-specific conditioning

I understand that these activities carry inherent physical risks and that I am voluntarily choosing to participate.

I acknowledge that I have received, or have been given the opportunity to receive, safety instructions and guidelines from FitnessTrainerOC prior to participating in training activities. I agree to follow all safety instructions provided by my trainer, to use equipment only as directed, and to immediately inform my trainer of any pain, discomfort, or concern during training.

I authorize FitnessTrainerOC and its representatives to contact emergency medical services (911) on my behalf. I understand that FitnessTrainerOC is not a medical provider, has no obligation to render first aid, and that any assistance provided in an emergency is rendered voluntarily and in good faith. I agree that FitnessTrainerOC shall not be liable for any action taken or not taken in good faith during an emergency situation.

I acknowledge that I am solely responsible for maintaining adequate health insurance coverage for myself and for any medical expenses I may incur in connection with participation in training services. FitnessTrainerOC does not provide health insurance or assume responsibility for any medical costs incurred by me.

I confirm that my participation in personal training services with FitnessTrainerOC is entirely voluntary. I am not required to participate and am doing so of my own free will. I have had the opportunity to ask questions and have received satisfactory answers before agreeing to these terms.

Photo and video consent is governed by a separate agreement. FitnessTrainerOC will not photograph or video record your training sessions for marketing purposes without your separate written or electronic consent. Your consent or refusal does not affect the validity of this Waiver or your ability to receive training services.

This Waiver applies to all personal training sessions, programs, and services provided by FitnessTrainerOC, both present and future, unless expressly superseded by a separately executed written agreement.

By booking a training session, purchasing a package, or engaging in training services with FitnessTrainerOC — whether in person, by text, by email, or through the Website — you represent that you have had a reasonable opportunity to read this Waiver, that you understand its terms, and that you intend your conduct to constitute your electronic agreement to be bound by it. Electronic agreements of this nature are recognized under the California Uniform Electronic Transactions Act (Civil Code §§1633.1 et seq.) and the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. §7001 et seq.). FitnessTrainerOC strongly recommends that clients who wish to confirm their agreement execute a separate signed copy of this Waiver.

If any provision of this Waiver is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

This Waiver shall be governed by the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising from this Waiver shall be subject to the exclusive jurisdiction of the state and federal courts located in Orange County, California, and each party hereby consents to personal jurisdiction in those courts.

If you have questions about this Waiver before beginning training, please contact us: