Waiver, Release of Liability, Assumption of Risk, and Indemnification Agreement
In consideration of being permitted to enter and use the facilities, equipment, and services of TRAIN Seattle (the “Facility”), and to participate in personal training, exercise, movement, conditioning, and related activities (the “Activities”), I, the undersigned participant, on behalf of myself, my heirs, spouse, family, executors, administrators, personal representatives, and assigns, agree as follows:
1. Assumption of Risk. I understand that the Activities and use of the Facility are inherently dangerous and involve risk of serious bodily injury, disability, permanent paralysis, heart attack, stroke, illness (including communicable disease), property damage, and death. Risks include but are not limited to: falls; contact with equipment, weights, or other participants; equipment malfunction or misuse; improper technique; environmental conditions; my own physical condition; and the acts or omissions of trainers, staff, other participants, or third parties. I knowingly, freely, and voluntarily assume all such risks, both known and unknown, and accept full responsibility for any and all injury, loss, or damage arising from my participation.
2. Medical Representation. I represent that I am in good physical health and have no medical condition, disability, injury, impairment, or pregnancy that would prevent safe participation in the Activities. I have been advised to consult a physician before beginning any exercise program and have either done so or knowingly declined. I agree to immediately inform my trainer and the Facility of any change in my health status. I authorize TRAIN Seattle and its personnel to seek emergency medical care on my behalf if necessary, at my expense.
3. Independent Trainers. I acknowledge that trainers using the Facility are independent professionals, not employees or agents of TRAIN Seattle. TRAIN Seattle does not supervise, direct, control, guarantee, or endorse the services, programming, certifications, advice, or conduct of any trainer, and is not responsible for any act, omission, or advice of any trainer or third party.
4. Release and Waiver of Liability. To the fullest extent permitted by law, I hereby release, waive, discharge, and covenant not to sue TRAIN Seattle, its owners, members, managers, officers, directors, employees, contractors, agents, landlords, insurers, affiliates, successors, and assigns (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, causes of action, losses, damages, costs, and expenses (including attorneys’ fees) of any kind, whether known or unknown, arising out of or related to my presence at the Facility, my use of any equipment, or my participation in the Activities, including claims caused in whole or in part by the ordinary negligence of the Released Parties. This release does not apply to conduct that a court of competent jurisdiction finds to constitute gross negligence, willful misconduct, or a violation of law that cannot be waived.
5. Indemnification. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to my participation in the Activities, my use of the Facility, my breach of this Agreement, or any act or omission by me or anyone I bring onto the premises.
6. Personal Property. The Released Parties are not responsible for lost, stolen, or damaged personal property. I bring items to the Facility at my own risk.
7. Rules and Conduct. I agree to follow all Facility rules and reasonable instructions from staff and trainers, to use equipment only as intended, and to conduct myself respectfully. TRAIN Seattle may deny access or terminate participation at any time, without refund, for conduct that is unsafe or disruptive.
8. Media Release. I understand that photos or video may occasionally be taken in the Facility for marketing or documentation. If I appear incidentally in such media, I grant TRAIN Seattle a non-exclusive, royalty-free license to use it, and I may request removal by emailing info@trainsea.com.
9. Governing Law and Venue. This Agreement is governed by the laws of the State of Washington, without regard to conflict-of-law principles. Any dispute arising out of or related to this Agreement or my use of the Facility shall be brought exclusively in the state or federal courts located in King County, Washington, and I consent to personal jurisdiction there.
10. Severability and Entire Agreement. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be enforced to the maximum extent permitted by law. This Agreement, together with the Terms of Service and Privacy Policy, represents the complete understanding between me and TRAIN Seattle regarding this subject and supersedes any prior representations.
I have read this Agreement in full, understand that I am giving up substantial legal rights (including the right to sue), and sign it freely and voluntarily. If the participant is under 18, a parent or legal guardian must sign on their behalf and agrees to be bound personally and on the minor’s behalf.
You must agree before submitting.
