Impact Fitness Oakland: Assumption of Risk, Waiver & Release of Liability, and Indemnity Agreement

This Agreement is entered into between: Liam Saechao or any certified trainer operating under Impact Fitness Oakland ("Trainer") and The undersigned individual ("Client") The provision of personal training services and use of any facilities, equipment, or premises are contingent upon acceptance of this agreement.

1. Assumption of Risk: Client understands and agrees that participation in physical activities, training programs, or the use of any fitness equipment or facilities provided by Trainer involves inherent risks of injury, illness, or damage. These include, but are not limited to: - Use of mechanical or free weights - Participation in indoor or outdoor training - Use of common areas such as sidewalks, stairs, locker rooms, and parking lots - Slips, trips, falls, or contact with other individuals Client assumes full responsibility for any and all injuries or damages resulting from participation, whether caused by their own actions, the actions of others, or the ordinary negligence of Trainer or any affiliated parties.

2. Medical Clearance and Health Acknowledgment: Client affirms that they are in good physical condition and do not suffer from any known disability or medical condition that would prevent or limit participation in this fitness program. Client understands that it is their responsibility to consult a physician before starting any fitness program and agrees to notify Trainer of any changes to their health status that may affect participation.

3. Release and Waiver of Liability: Client, for themselves and their personal representatives, heirs, executors, administrators, agents, and assigns, hereby releases and discharges Trainer (including Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action, known or unknown, arising out of the negligence of Trainer, whether active or passive. This includes, but is not limited to: - Equipment failure or malfunction - Improper maintenance of equipment or premises - Negligent supervision or instruction - Slips, trips, or falls on or around premises - Negligent hiring, training, or retention of staff

4. Waiver of California Civil Code Section 1542: Client expressly waives the provisions of Section 1542 of the California Civil Code, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release, and that, if known by them, would have materially affected their settlement with the debtor or released party."

5. Indemnification: Client agrees to indemnify and hold harmless Trainer from any and all liabilities, costs, claims, or damages (including reasonable legal fees) resulting from participation in training or use of facilities, including any third-party claims resulting from Client's actions.

6. Photo/Video Release (Optional):  Client grants Trainer and Impact Fitness Oakland the right to use photographs, video, or other media taken during training sessions for marketing, advertising, or promotional purposes. Client may revoke this consent in writing at any time.

7. Acknowledgments Client acknowledges and agrees: - They are voluntarily participating and fully understand the risks involved. - Trainer provides services, not products; use of fitness equipment is incidental. - This agreement is intended to be interpreted as broadly and inclusively as permitted by California law. - If any provision is found unenforceable, the remainder shall remain in effect.

8. Minor Participant Clause (if applicable): If the Client is under 18 years of age, this Agreement must be signed by a parent or legal guardian. The parent/guardian acknowledges and accepts the terms on behalf of the minor.

9. Cancellation Policy Acknowledgment: Client agrees to abide by Impact Fitness Oakland's cancellation and refund policies, including the 12-hour cancellation notice required for all scheduled training or group sessions. Failure to cancel in time may result in loss of the session without refund.

10. Signature & Consent: By signing below, Client confirms they have read, understood, and voluntarily accept the terms of this agreement.

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