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Disclaimer | Release & Waiver of Liability

DISCLAIMER

 

The information provided herein is intended for informational purposes only. This information is not intended to be an endorsement of any product, or course of action, nor is it intended for the diagnosis or treatment of any condition. You should consult your physician before changing your diet or discontinuing any course of treatment. If you feel discomfort or pain when you exercise, do not continue. STOP and call a physician, or the nearest medical facility. The instructions and advice presented herein are in no way intended as a substitute for medical counseling.
 

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RELEASE & WAIVER OF LIABILITY

 


As a condition of receiving services in and/or participation in any online consultations, subscriptions, programs, plans, challenges, and group classes presented by SGHFit™, I acknowledge that I am participating in a health, fitness and nutrition program (the “Program”) utilizing the SGHFit™ or any of our other web sites or social media platforms (collectively, the “Site”). Upon choosing to participate in SGHFit™ services, I will receive information and instruction about the Program which is a unique and specialized individual or combination of information, nutrition, weight training, stretching, plyometric workouts, and cardiovascular training. Such information and instruction include online training programs supported by the SGHFit™ coaching staff as well as personal and group training programs which may be offered year-round at any venue or location whereby SGHFit™ hosts a seminar, group class, personal training, training camp, or promotion of any kind.

 

  1. I recognize that the Program requires physical exertion that may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved in participating in such activities. I also recognize and I am fully aware that the use of exercise equipment, whether or not at SGHFit™ facilities or otherwise provided by SGHFit™, may cause physical injury, and I am fully aware of the risks and hazards associated with using such equipment. 
     

  2. I hereby acknowledge that my SGHFit™ subscription, membership, participation in the Program and any activities related to or presented by SGHFit™, and/or participation as a non-member in any individual group class presented by SGHFit™, which includes physical training and nutritional instruction, is voluntary. I understand that SGHFit™ has no control regarding whether or not, and how, I use the Program, how I perform the training exercises, or whether or not I follow the nutritional instructions and recommendations of SGHFit™.
     

  3. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Program and/or participation in any individual group class presented by SGHFit™. I represent and warrant that I am physically fit, and I have no medical condition (including, without limitation, disability, impairment, drug use, or ailment) that would prevent my full participation in the Program. SGHFit™ will make no evaluation or recommendation as to whether or not I am medically fit for any nutritional program or exercise activity.
     

  4. In consideration of my subscription, membership, participation in SGHFit™ and being permitted to participate in the Program and/or participation as a non-member in any individual group class presented by SGHFit™, I hereby fully and completely indemnify and hold harmless, release, insure, defend, acquit, and forever discharge SGHFit™, and its respective parent companies, subsidiaries, and affiliates, as well as any officers, directors, members, managers, contractors, coaches, and employees thereof (collectively, the “Releasees”), of and from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of actions, suits, rights, demands, costs, losses, debts, expenses and attorney’s fees, known or unknown, which I have, own, hold, claim to have, or will have, will own, will hold or may claim to have for any injury, loss, accident, damages or death which may occur to me while I am participating in the Program including my exercise training (whether or not directed by any coach of SGHFit™), my use of any nutrition instructions or recommendations provided by SGHFit™, and my use of any fitness equipment (whether or not provided by SGHFit™). The foregoing includes my waiver and release of SGHFit™ and the other Releasees from any liability which is attributable to the negligence of SGHFit™, or any of the other Releasees.
     

  5. I, my heirs and legal representatives, forever release, waive, discharge and covenant not to sue SGHFit™ or any of the other Releasees for any injury, death, or other damages caused by the negligence of SGHFit™ or other acts or acts of any third party arising out of or related to the Program including any nutrition instructions or recommendations provided by SGHFit™ and the fitness equipment (whether or not provided by SGHFit™).
     

  6. I hereby acknowledge and fully understand the potential dangers incidental to engaging in sports and fitness training, general exercise activities, and changes in dieting and nutrition, including SGHFit™ 1-on-1 Personal Training and SGHFit™ Online Coaching that takes place through the SGHFit™ website(s), require physical effort and exertion. I further acknowledge and agree that:

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  • I am responsible for consulting my physician or other health care providers prior to enrolling and participating in any SGHFit™ Program to determine whether participating in a SGHFit™ Program is appropriate for me;

  • I will not enroll in or participate in a SGHFit™ Program if my physician or health care provider advises against it; and

  • if I experience faintness, dizziness, pain, or shortness of breath at any time during a SGHFit™ Program        session that I will stop immediately and contact my physician or health care provider.


I acknowledge and understand that my participation in SGHFit™ Programs could result in my exposure to bodily injury, illness, loss, or death, as well as property losses and/or damage to property. For and in consideration of SGHFit™ (“SGHFit™ Program”) permitting me to locate and enroll in virtual SGHFit™ Programs through the SGHFit™ website, and the Coach teaching such SGHFit™ Program permitting me to enroll and participate in the SGHFit™ Program, and in recognition of the possible dangers to which I voluntarily subject myself by participating in the SGHFit™ Program and related activities, I HEREBY AGREE AS FOLLOWS:

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  1. I hereby voluntarily for myself, my spouse, assignees, heirs, guardians or personal representatives, from the date of entry into this Waiver and Release, hold SGHFit™ and the Coach teaching the SGHFit™ Program which I enroll and participate in, as well as their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives blameless and waive any and all rights and causes of action and associated costs for any accident, injury, illness or death, occasioned by my participation in the SGHFit™ Program, unless caused by the negligence of SGHFit™ or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.
     

  2. In the event I am injured, I voluntarily agree to assume any financial obligation, either through personal health insurance, or through some other means, for any medical costs which I incur and SGHFit™ and the Coach teaching the SGHFit™ Program assumes no responsibility for any medical expenses, injury, or personal damage suffered by me in connection with the use of any facilities or services in connection with the SGHFit™ Program, unless caused by the negligence of SGHFit™ or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.
     

  3. I hereby voluntarily assume all risk of damage or loss to my property while participating in the SGHFit™ Program and relieve SGHFit™ and the Coach teaching the SGHFit™ Program from liability for any and all property damage or loss, unless caused by the negligence of SGHFit™ or the Coach, their agents, employees, officers, directors, spouses, assignees, heirs, guardians, or personal representatives.


You acknowledge and agree that by clicking on a “Sign-Up / Buy Now / Purchase Now / Pay via Zelle” button to purchase a service or signing up for an account on the SGHFit™ website OR SGHFit™ App., you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SGHFIT™ WEBSITE OR SERVICES OFFERED BY SGHFIT™. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

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