Revolution Fitness LLC
3075 Book Rd
Naperville, IL 60564
(hereinafter referred to as "Client”) enter into this Agreement by and between Revolution Fitness LLC, which will be providing services through sole proprietors (hereinafter referred to as "Coach”). Coach may conduct Client’s Personal Training services at a park, school, fitness center, or in Client’s home, office or other location (herein "Studio”, "Home”, "Office”, or "Location”, or referred to collectively as "Location”, with said Training services to be provided pursuant to an agreed upon fee schedule, and Trainer agrees to provide said training sessions subject to Client’s agreement to the following terms and conditions.
ASSUMPTION OF RISK: I am aware that all activities associated with receiving personal training instruction from Trainer/Coach (hereinafter "Trainer") including, but not limited to activities involving aerobic exercise, stretching exercise, running and weight lifting, as well as additional strenuous exercise and/or exertion of strength, and other sustained physical activities which place stress on the cardio-respiratory and muscular systems (collectively referred to as "Training”), are and can be hazardous activities that include certain risks and dangers, including but not limited to, catastrophic injuries, including paralysis, other serious injury and death.
I VOLUNTARILY ACCEPT FULL RESPONSIBILITY OF ALL RISKS INVOLVED, INCLUDING RISKS FROM PARTICIPATING IN ANYWAY IN THE TRAINING, USE OF EQUIPMENT PROVIDED BY THE TRAINER OR USE OF EQUIPMENT I PROVIDE, WHETHER THE TRAINING OCCURS AT THE STUDIO, PARK, MY HOME OR AT ANY OTHER LOCATION.
WAIVER: In consideration of my participation in the Training provided by Trainer I, myself, my heirs, executors, administrators or assigns, do hereby release, waive, discharge and covenant not to sue Trainer and/or its members, managers, officers, directors, agents, and affiliated entities (Hereinafter referred to as "Releases”) from liability, from any and all claims, including the negligence of Trainer resulting in personal injury, accident or illnesses (Including Death) and property loss arising from, but not limited to, participation in the Training and use of facilities, premises or equipment wherever located and by whomever provided. In further consideration for the right to use equipment provided by Trainer or equipment at another location, I acknowledge and agree that Trainer has not inspected the equipment at the Location or the suitability for the training. I expressly release, hold harmless, discharge and indemnify (Including costs and attorney’s fees) Trainer and Releases for any loss, injury or damage (including Death) from any cause, including negligence arising out of any Location, and/ or arising out of the use of my equipment or equipment provided by Trainer.
SEVERABILITY AND JURISDICTION: I further expressly agree that the foregoing provisions in this Agreement are intended to be as broad and inclusive as permitted by the laws of the State of Illinois and if any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I further acknowledge and agree that this Agreement shall be governed by and shall be construed in accordance with the laws of the State of Illinois. Any claims or legal actions by one party against the other shall be commenced and maintained in the state courts of the State of Illinois.
INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD Trainer and all Releases
harmless of any and all claims, actions, suits, procedures, costs, expenses,
duties and liabilities, including attorney’s fees brought as a result of my
Training with Trainer and to reimburse Trainer for any such expenses incurred.
ARBITRATION: Any controversies or disputes arising out of or connected to the
enforcement or interpretation of this Agreement shall be decided by final and
binding arbitration before a single arbitrator pursuant to the governing rules
of the state of Illinois. The arbitrator’s cost and fees shall be paid equally
by the parties. The prevailing party in such arbitration shall be entitled to
recover all reasonable attorneys’ fees and costs incurred, as awarded by the Arbitrator.
The venue for the arbitration shall lie in Illinois unless otherwise agreed by
the parties. Any arbitration award may be enforced by judgment entered in the
Superior Court of the State of Illinois.
PHYSICIAN APPROVAL: I have represented to Trainer that I have either a) been given a physician’s permission to participate in the Training, or b) voluntarily participate in the Training and accept all risks related to the Training without the approval of my physician(s). I represent that I am not aware of any medical or physical condition that would prevent me from participating in the Training or from using equipment or facilities which pose a serious health risk to me. I further acknowledge and agree that I am not obligated to participate in any Training that I do not wish to participate in. I will inform Trainer immediately if I do not wish to participate in any specific Training.
NAME AND LIKENESS RELEASE: I understand that Trainer, may photograph or video me prior to, during the delivery of Training, or at the completion of Training and I agree to allow Trainer to use photographs and videos of me, as well as, name and likeness for promotional purposes.
ACKNOWLEDGEMENT OF UNDERSTANDING: I have read the Assumption of Risk, Waiver of Liability, provisions in this Agreement and I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the Agreement freely and voluntarily and intend, by my signature that this document be a complete and unconditional release of liability to the greatest extent of the law. I further certify that I have fully read and understand the terms of this agreement and will comply with the contents herein.
MINORS: IF UNDER 18, SIGNATURE OF PARENT OR GUARDIAN IS REQUIRED The undersigned parent, being the natural or legal guardian of the
child named below, does hereby represent that he/she (they) is (are), in fact,
acting in such capacity, has fully read and understands the terms of this
Agreement and the risks assumed in allowing a child to participate in any of
the Revolution Fitness LLC programs, consents and grants permission
for the child’s participation in the programs, and agrees to indemnify, save
and hold harmless each and all of the parties herein referred to above as
RELEASED PARTIES from all loss, liability, damage, cost or claim whatsoever
arising out of, related to, or resulting from the child’s participation in the
PERSONAL COACHING: I understand that I am required to provide a minimum of 48 hour notice of cancellation for all Personal Coaching sessions and that failure to do so will result in being charged for that session. Personal Coaching sessions are non-refundable and non-transferable.
REFUND / CANCELLATION / HOLD POLICY: I understand that ALL CANCELLATION and HOLD REQUESTS MUST BE REQUESTED 7 DAYS PRIOR TO THE NEW BILLING CYCLE and MUST BE MADE IN PERSON. I further understand that if my request is within the 7 day window I will be charged for the full amount of the next months member dues and that there are NO REFUNDS issued on membership dues.
I hereby acknowledge that upon entering a Revolution Fitness facility or by participating in a Revolution Fitness activity outside of a Revolution Fitness facility that I may be exposed to an infectious disease agent. I hereby acknowledge that Revolution Fitness cannot and does not guarantee that I will not become exposed or infected and I may suffer illness and death as a result. I hereby acknowledge and assume this risk knowingly and of my own accord and I expressly release, hold harmless, discharge and indemnify (Including costs and attorney’s fees) Trainers and Revolution Fitness for any loss, injury or damage (including Death).ADDITIONAL RULES AFTER HOURS:
If I have been provided access to the gym when a Trainer is not present I further attest: 1) I assume all risk while being in the building, 2) I will not exceed weights higher than 75% of my 1 rep max for any lift, 3) I will not use the highest portion of the rig, 4) I will put equipment back and clean-up after myself including vacuuming and/or mopping, 5) I will provide contact information to "walk-ins" that are interested in the gym, 6) I will follow current covid-19 (or other infectious disease or health) state (or other authority) mandated regulations, 7) I will not allow members of the gym or anyone else in the gym unless they have been provided same access by Revolution Fitness, 8) I will sign-in via the sign-in sheet, 9) I will not do my own workout during any class unless agreed to beforehand by Trainer of that class, and 10) I will turn off all lights and electronics and lock all doors before leaving.
I agree to these terms.