HealthSpanMD Client Waiver
HEALTHSPANMD MEMBERSHIP TERMS AND RENEWAL PROVISIONS: The agreement is for a highly custom and immersive program in partnership with HealthspanMD. This agreement is for 12 weeks of personalized fitness coaching designed to enhance and supplement your HealthspanMD program. In these 12 weeks, you will have access to the Forge Fitness and Nutation Coaching app and assigned a cardiopulmonary clinical physiologist to assist in your program development. You will also receive six (6) 30-minute private coaching sessions with your assigned trainer. Please message your assigned FORGE coach for assistance with program continuation options.
PHYSICAL CONDITIONS & NO MEDICAL ADVICE: You represent that you are in good physical condition and may have no medical reason, impairment, or disability that vie might prevent you from using all FORGE programs or services. As such, you acknowledge that FORGE did not give you medical advice before you enrolled, and cannot give you any after you enroll, or discuss them with your doctor before participating in any programming.
LIMITED USE & ABSENTEEISM: If you know or should know you have any situation that may prevent you from using all or any FORGE services and you sign this agreement, you agree that your membership and participation is limited accordingly. This includes vacation and any other form of planned or unplanned absenteeism. However, because it’s your choice, you still must pay your dues and fees as if you could use part or all the services offered. There is no proration on any agreements. You also agree that FORGE is not responsible for your non-use or compliance to programming and refunds are not issued for any planned or unplanned absenteeism.
LIABILITY FOR PROPERTY: FORGE is not liable to you under any circumstances for any lost, stolen, or damaged personal belongings you may choose to purchase or use in conjunction with any programs developed for you by FORGE.
OVERVIEW: This is an agreement between the buyer (referred to as “Client”) and FORGE (referred to as “FORGE”). The purpose of this agreement is to establish the following:
COACHING CALLS MAY BE RECORDED: I understand that coaching calls with any FORGE contractors or staff may be recorded for quality and training purposes with or without notice. I hereby give permission to FORGE to record my coaching calls and understand that copies of my coaching calls may be requested for personal reference.
NATURE OF THE ACTIVITY: Being physically fit and in good condition produces many benefits for the client including pleasure, aesthetics, more energy, greater enjoyment of life, and many health benefits. Physical conditioning and training, however, by their very nature, carry with them certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Your FORGE Personal Fitness Trainer (hereafter referred to as PFT) provides an opportunity for clients to improve their strength, cardiovascular fitness, and other selected components of physical fitness in a pleasant environment with a variety of equipment. Your PFT will work with you to help you plan a personalized program that is designed specifically to help you to meet your needs and achieve your goals. Your PFT will provide you with instruction, supervise your activity within the scope of ability provided by the nature of online services, and monitor your progress. However, regardless of the reasonable care taken by your PFT in providing instruction, accidents and injuries can occur through no fault of the client and no fault of your PFT. Your PFT feels that the benefits of physical conditioning and training far outweigh the risks involved, but feels it is important for you to know both the benefits and the risks so that you can make an informed decision regarding your participation in such activities.
ACTIVITIES IN THE TRADITIONAL HEALTH CLUB SETTING: Strength-building activities include exercises on apparatus to develop leg strength, arm strength, abdominal strength, and strength of various muscle groups. Strength-building activities place additional and unusual demands upon the body since they involve strenuous maximal, or near-maximal, exertions of force using various muscle groups. Cardiovascular activities also place additional demands upon the body since they generally involve prolonged moderate to vigorous exercise on running tracks, exercise bikes, treadmills, steppers, and other types of cardiovascular equipment. All activities utilized for developing cardiovascular fitness involve sustained physical activity that places significant stress on the cardiovascular system. Additionally, all types of exercise equipment carry with them risks due to user misuse as well as those of equipment failure. Likewise, fitness testing, online or otherwise, carries with it certain inherent risks due to the strenuous, all-out effort required. Injuries can be a result of any number of inherent risks of conditioning and training, including such factors as excess stress during training or testing activities, inadvertent user inattention, unexpected equipment failure, inadvertent PFT error, and misjudgments of client ability by the client or the PFT. If you have questions regarding the benefits or risks of these or other activities, please consult with your PFT.
PERSONAL FITNESS TRAINING OUTSIDE OF THE TRADITIONAL CLUB SETTING includes special risks, of which the client should be aware. Such training settings can include training in 1) a home environment, 2) open water, and 3) running or bicycling on streets, roads, trails and over rough terrain. A common risk in each of these settings may be that you are far from emergency care in the event of an injury or illness. Training in a home environment often involves risks such as exercising in a limited floor space, unpadded surfaces, low hanging lights, crowded equipment, and inappropriate or inadequate equipment. Open water swimming involves many risks that go beyond the common swimming “overuse” injuries that involve the lower back, shoulder, knee, and elbow. Factors that can place you in great danger include, but are not limited to, currents, animal attack, water temperature, water clarity, high winds, rough water, rocks, and submerged objects. These and other factors can result in injuries that include exhaustion, need for rescue, dehydration, hypothermia, joint injury, broken bones, and death. Running and bicycling on a track incur many inherent risks including muscle sprains, strains, and tears; ligament, tendon, and joint injuries; heat related illness; and overexertion which may result in stroke, heart attack, or death. Running and bicycling on streets, roads, trails, and rough terrain incur all of these risks as well as other environment-related risks such as falls due to uneven surfaces (e.g., potholes, roots, rough terrain), striking low hanging limbs, automobile traffic, insufficient availability of water, and sudden weather hazards (e.g., high winds, lightning, rain). Common injuries include scrapes and sprains; more serious injuries can include joint injuries and broken bones; and rarely, catastrophic injuries such as strokes, heart attack, paralysis, animal attack and death.
NUTRITION AND FITNESS DISCLAIMER: I understand the nutrition advice given by FORGE Is based on the information I provided by completing and submitting this questionnaire. I understand it is my responsibility to provide complete and accurate information. I further understand and acknowledge FORGE provides general nutrition education and coaching and is not a medically supervised program or a licensed dietetics company but may offer programs guided by a Registered Dietitian and these programs will be clearly defined. I understand any menu program created for me by FORGE is simply a recommendation and I am volunteering to participate or follow advice, meal plans or exercises suggestions. I understand that no service or program provided by FORGE is intended to cure, prevent, diagnose, alleviate, or treat any medical conditions, disease, physical or mental including those overseen by a Registered Dietitian or Physiologist. I understand that FORGE may utilize a license agreement with a third-party provider of nutrition and meal planning services or may contract with a Registered Dietitian and all meal plans are populated by that party for FORGE clients based on the data submitted by the client on a food preference questionnaire.
NUTRITION AND/OR FITNESS WAIVER AND COVENANT NOT TO SUE: I have volunteered to participate in a nutrition suggestion program under the guidance of FORGE which may include but may not be limited to nutrition planning and personalized coaching. In consideration of FORGE’s agreement to assist me, I do here and forever release and discharge and hereby hold harmless FORGE and their respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in any nutrition program including any injuries resulting there from. I acknowledge and agree that no warranties or representations have been made to me regarding the results I will achieve from this program. I understand that results are individual and may vary.
NUTRITION ASSUMPTION OF RISK: I recognize that specific foods may create allergic and possible fatal reactions, most specifically, products containing nuts. I have therefore specified any food allergies or sensitivities I am aware of. I am aware that specific foods may interact with certain medications. I have discussed such food reactions and the side effects of all my medications with my doctor or pharmacist and do not hold FORGE responsible for food and medication reactions. I also understand the meal plan I receive will not take my medications into consideration. If I am on medications, I am responsible to consult with my doctor before starting a new meal plan. If I am pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, gastric by-pass surgery a family history of gout or any other medical condition that requires special dietary restrictions, I must receive permission from my physician before participating in the specific nutrition program designed for my use, or may be advised to seek help from another health professional.
WAIVER OF LIABILITY & ASSUMPTION OF RISK
COVID-19 AND OTHER INFECTIOUS DISEASE: I acknowledge and understand some evidence has shown that COVID-19 and other infectious diseases may cause serious and potentially life-threatening illness and even death. I acknowledge that FORGE cannot prevent me from becoming exposed to, contracting, or spreading COVID-19 or other infectious disease while utilizing FORGE services in third-party premises or anywhere else. It is not possible to prevent the presence of any disease. I understand if I choose to utilize recreational or fitness centers or supplemental services or enter any third-party premises, I may be exposing myself to and/or increasing my risk of contracting or spreading COVID-19 or other infectious disease. I understand the above warning concerning COVID-19 or other infectious disease. I hereby choose to accept the risk of contracting COVID-19 or other infectious disease for myself and/or my children, family, friends, or colleagues when I enter potentially risky areas of third-party premises. I acknowledge that given the nature of virus and ease of transmission that there is inherent risk in using the service in high-risk areas or third party premises. I affirm these services are of such value to me, that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 or other infectious disease to utilize the services. I hereby forever release and waive my right to sue FORGE and its owner’s, officers, directors, managers, officials, trustees, agents, employees, or contractors in connection with exposure, infection, and/or spread of COVID-19 or other infectious disease related to utilizing FORGE services. I understand and acknowledge that FORGE provides home-based workouts as an option and I may request these workouts at any time.
ASSUMPTION OF RISK: I understand that the inherent risks of physical conditioning and training (including activities in and outside of the traditional club setting) vary with the activity, the setting, the muscle group involved, and with the exercise equipment used. Common minor risks include minor muscle strains, muscle sprains, muscular fatigue, contusions, and post-exercise soreness. More serious, but less frequent, risks include joint injuries, torn muscles, heat-related illnesses, and back injuries. There is also the more remote risk of a catastrophic incident (e.g., stroke, heart attack, paralysis, or death). I have read the previous paragraphs, I have discussed the risks with my PFT, and I know and understand the nature of the activities that my PFT and I plan to use, I understand the demands of those activities relative to my condition and skill level, and I appreciate the types of injuries that may occur as a result of activities that my PFT and I have selected and their potential impact on my well-being and lifestyle. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
ACKNOWLEDGEMENTS, ASSERTIONS, AND AGREEMENTS: I assert that I have completed a medical history for my PFT and have no problems that contra-indicate an exercise program. I acknowledge that my PFT recommends and encourages each client to get medical clearance from his/her personal physician prior to participation in physical conditioning and training. I assert that I possess a sufficient level of physical fitness to enable me to safely participate in the fitness program planned by my PFT and me. I give consent to various forms of communication between myself and PFT. I agree to assume all costs of my emergency medical care and transportation. I acknowledge that it is my duty to inform my PFT and cease exercise immediately if I should feel any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, and chest pains) or if I feel that the activity is inappropriate for me, whether during testing, strength training, cardiovascular training, or any other activity. I acknowledge that my PFT will conduct the activity in good faith and may find it necessary to terminate my participation in an activity when he/she judges me to be incapable of safely meeting the rigors of the activity. I accept your right to take such actions for the safety of myself and/or other parties.
WAIVER OF LIABILITY FOR NEGLIGENCE: In consideration for the services of my PFT, today and on all future dates, I (on behalf of myself, my heirs, personal representatives, and assigns) do hereby release, waive, and discharge my PFT and FORGE , employees, & agents as well as the owners and operators from liability from any and all claims including those arising from the negligence of my PFT, employees and agents, and the FPT owners and operators or anyone else associated in any manner with FORGE. This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from my participation in activities planned by my PFT and me (including, but not limited to, organized training activities, fitness tests and virtual classes. 2) any and all claims resulting from the damage to, loss of, or theft of property.
INDEMNIFICATION: I agree to hold harmless, defend, and indemnify my PFT and FORGE (that is, defend and pay any judgment and costs, including investigation costs and attorney’s fees) from any and all claims of mine, my spouse, heirs, personal representatives, or assigns arising from my injury or loss due to my participation in activities planned by my PFT and me. I further agree to hold harmless, defend, and indemnify my PFT and FORGE (that is, defend and pay any judgment and costs, including investigation costs and attorney’s fees) against any and all claims of co-participants, rescuers, and others arising from my conduct in the activities planned by my PFT and me.
COVENANT NOT TO SUE: I covenant not to sue my PFT or FORGE, its employees, and agents for any present or future claim I might have. This includes claims resulting from 1) the inherent risks of physical conditioning and training and 2) the ordinary negligence of my PFT, FORGE, their employees, and/or agents.
SEVERABILITY AND VENUE: I further expressly agree that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Nevada (CA) and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
ACKNOWLEDGMENT OF UNDERSTANDING: I have read this Assumption of Risk, Waiver of Liability, Covenant not to Sue, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I further acknowledge that I am signing the agreement freely and voluntarily and intend my signature to be a complete and unconditional release of all liability, including that due to negligence by my PFT or FORGE to the greatest extent allowed by law in the State of Nevada or any other within the United States of America, including the state in which I reside.
HEALTH CLUB CONTRACT LAW COMPLIANCE
PRICING AND PAYMENT: I acknowledge and agree that this Contract is not transferable or assignable. I acknowledge that payment is required monthly through Electronic Funds Transfer. I understand this money is not refundable unless stipulated by Nevada Law. I understand this contract and the terms it presents is for the purchase of services and any other purchase of services in the future. I acknowledge that this specific contract, release of liability, consent, and agreement is continuously valid indefinitely. No refund will be granted for sessions that have been completed. FORGE reserves the right to refuse service to anyone. I also understand and agree that pricing may change with or without notice at the discretion of FORGE.
CLIENT RESPONSIBILITY: I understand that it is my responsibility to
NO REFUNDS: All one-time fitness and nutrition plan purchases are final. If you are on a subscription service, please see our complete terms and conditions regardingrefunds or cancellations.
CLIENT ACKNOWLEDGMENTS: In agreeing to any FORGE program
My signature below affirms that
BY SIGNING THIS AGREEMENT ELECTRONICALLY OR OTHERWISE, I AUTHORIZE THAT I HAVE READ AND AGREE TO ALL CONDITIONS CONTAINED IN THIS AGREEMENT AND WILL FULLY ABIDE BY THE CONTENTS HEREIN.
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Document Name: HealthSpanMD Client Waiver
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