Liability Waiver

Basis Health & Performance Client Agreement Assumption of Risk, Waiver of Liability, and Indemnification Agreement Nature of the Activity: Being physically fit and in good condition produces many benefits for the client – including pleasure, 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. Basis Health & Performance, its exercise physiologists, its personal trainers, and other employees provide an opportunity for clients to improve their strength and cardiovascular fitness in a pleasant environment using a variety of equipment. Members may elect to take advantage of a personalized program that is designed specifically for each individual by a trained exercise physiologist and individually monitored by a trained personal trainer. Regardless of the reasonable care taken by Basis Health & Performance in providing appropriate equipment and trained personnel, however, accidents and injuries can occur through no fault of the client and no fault of Basis Health & Performance, its staff, or agents. Basis Health & Performance 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. 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 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 instructor error, and misjudgments of client ability by the client or instructor. If you have questions regarding the benefits or risks of these, or any other activities available at Basis Health & Performance please consult with any of our staff. Recreational and Competitive sports activities include running, quick movements, strenuous exertion, and the potential for stress and fatigue. Normal participation will involve slips, falls, and collisions with other players. A few of the risks include stress on the cardiovascular system possibly resulting in heart attack or stroke, possible muscle, joint, and ligament injuries ranging from minor to serious, and head injuries (including eyes). Assumption of Risk: I understand that the inherent risks of physical conditioning, training (including strength-building and cardiovascular activities), and recreational/competitive sports activities vary with the activity, 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, eye injuries, and back injuries. There is also the more remote risks of a catastrophic incident (e.g., stroke, heart attack, paralysis, or death). I have read the previous paragraphs and I know and understand the nature of the activities at Basis Health & Performance, I understand the demands of those activities relative to my physical condition and skill level, and I appreciate the types of injuries that may occur as a result of activities made possible at Basis Health & Performance 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 acknowledge that Basis Health & Performance 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 at Basis Health & Performance. • I authorize Basis Health & Performance to administer emergency first aid, CPR, and use an AED when deemed necessary by Basis Health & Performance • I authorize Basis Health & Performance to secure emergency medical care or transportation (i.e., EMS) when deemed necessary by Basis Health & Performance. • I authorize Basis Health & Performance to share my medical history with emergency medical personnel when deemed necessary by Basis Health & Performance. • I agree to assume all costs of emergency medical care and transportation. • I give consent to certain physical touching that may be necessary to ensure proper technique and body alignment. • I acknowledge that it is my duty to inform my personal trainer or the facility staff and cease exercise immediately if I should feel any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, chest pains) whether during testing, strength training, cardiovascular training, or any other activity. • I acknowledge that the provider will maintain the facilities and 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 clients. Waiver of Liability for Ordinary Negligence: In consideration of permission to use the property, facilities, and services of Basis Health & Performance, today and on all future dates, I (on behalf of myself, my heirs, personal representatives, and assigns) do hereby release, waive, and discharge Basis Health & Performance, its owner, directors, officers, employees, volunteers, independent contractors, and agents from liability from any and all claims arising from the ordinary negligence of Basis Health & Performance, its employees, or agents. This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in Basis Health & Performance activities (including, but not limited to, organized training activities, fitness tests, classes, observation, individual use of facilities or equipment, and all premises including the associated sidewalks and parking lots); and to 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 Basis Health & Performance (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, personal representatives, or assigns arising from my injury or loss due to my participation at Basis Health & Performance. I further agree to hold harmless, defend, and indemnify Basis Health & Performance (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 course of my participation at Basis Health & Performance. ***** Covenant Not To Sue: I covenant not to sue Basis Health & Performance, its owner, directors, officers, employees, volunteers, independent contractors, 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 Basis Health & Performance, its employees, and its agents. Mediation and Arbitration: I agree to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of or relating to this contract shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. 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 California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Likewise, I understand that if legal action is brought, the appropriate trial court for the State of California has the sole and exclusive jurisdiction and that only the substantive laws of the State of California shall apply. 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 due to ordinary negligence by Basis Health & Performance or the inherent risks of the activity, to the greatest extent allowed by law in the State of Californi