ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

The Performance Collective LLC
Online Strength & Conditioning Training Program

PLEASE READ THIS AGREEMENT CAREFULLY. BY SIGNING OR ELECTRONICALLY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU ARE ASSUMING CERTAIN RISKS AND WAIVING CERTAIN LEGAL RIGHTS.

1. Agreement and Scope of Services

This Assumption of Risk, Waiver and Release of Liability, and Indemnity Agreement ("Agreement") is entered into between The Performance Collective LLC, including its owners, members, coaches, employees, contractors, agents, representatives, successors, and assigns (collectively, "The Performance Collective"), and the undersigned participant ("Client").

The Performance Collective provides online and remote strength and conditioning, exercise programming, fitness education, and related coaching services ("Program"). These services may include, but are not limited to:

  • Strength and resistance training programs;

  • Cardiovascular and conditioning programs;

  • Running and endurance training;

  • Plyometric, jumping, sprinting, and agility exercises;

  • Mobility and flexibility exercises;

  • Bodyweight exercises;

  • Exercise demonstrations and instructional videos;

  • Training recommendations and educational materials; and

  • Other fitness, strength and conditioning, or athletic performance activities.

The Program is delivered remotely. The Performance Collective generally will not be physically present while Client performs the prescribed or recommended activities.

Client is responsible for choosing where and when to complete the Program and for determining whether the location, equipment, and surrounding environment are appropriate and safe.

If Client has concerns regarding the safety, maintenance, setup, or operation of a facility or its equipment, Client agrees to address those concerns with the facility's management or another appropriate person before participating.

2. Health and Medical Responsibility

Client understands that participation in exercise and physical activity may be physically demanding and may involve significant stress on the cardiovascular, musculoskeletal, and other physiological systems.

Client represents that, to the best of Client's knowledge, Client is physically capable of participating in the Program or has obtained appropriate medical clearance to participate.

Client understands that it is Client's responsibility to consult a physician or other qualified healthcare professional before beginning or continuing the Program if Client has concerns regarding a medical condition, injury, medication, pregnancy, symptoms, or Client's ability to exercise safely.

The Performance Collective does not diagnose medical conditions or determine whether Client is medically fit to exercise.

Client agrees to stop exercising and seek appropriate medical attention if Client experiences concerning symptoms, including but not limited to chest pain, fainting or near-fainting, unusual dizziness, severe or unusual shortness of breath, severe pain, or other symptoms that may indicate a medical problem.

3. Assumption of Risk

Client understands and acknowledges that participation in strength training, conditioning, running, endurance training, plyometrics, mobility exercises, and other forms of physical activity involves inherent and other risks.

These risks may include, but are not limited to:

  • Muscle strains, sprains, tears, and soreness;

  • Tendon, ligament, joint, and bone injuries;

  • Overuse injuries;

  • Falls, slips, trips, or collisions;

  • Injuries caused by weights or exercise equipment;

  • Injuries resulting from improper technique, execution, or equipment use;

  • Injuries resulting from attempting exercises, loads, volumes, or intensities beyond Client's capabilities;

  • Dehydration, heat illness, heat exhaustion, or heat stroke;

  • Dizziness, fainting, or loss of consciousness;

  • Abnormal cardiovascular responses;

  • Aggravation of known or unknown medical conditions;

  • Serious cardiovascular or other medical events;

  • Property damage; and

  • In rare circumstances, permanent disability or death.

Client understands that these and other risks may arise from Client's own actions or inactions, the actions or inactions of others, equipment failure, environmental conditions, or other circumstances.

Client also understands that The Performance Collective cannot directly supervise or continuously evaluate Client's exercise technique, physical condition, equipment, training surface, weather conditions, facility, or surrounding environment during remote training.

CLIENT KNOWINGLY AND VOLUNTARILY CHOOSES TO PARTICIPATE IN THE PROGRAM AND EXPRESSLY ACCEPTS AND ASSUMES ALL INHERENT AND OTHER RISKS ASSOCIATED WITH SUCH PARTICIPATION, INCLUDING RISKS OF INJURY, ILLNESS, PROPERTY DAMAGE, PERMANENT DISABILITY, OR DEATH, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

4. Equipment and Training Environment

Client understands that the Program may involve the use of exercise equipment, including, but not limited to:

  • Barbells, weight plates, and racks;

  • Dumbbells and kettlebells;

  • Resistance bands and cables;

  • Benches and boxes;

  • Pull-up bars;

  • Medicine balls and sandbags;

  • Cardio and conditioning equipment;

  • Exercise machines;

  • Bicycles, treadmills, rowers, and other ergometers;

  • Pools or other aquatic facilities; and

  • Other exercise, sporting, or recreational equipment.

Client assumes responsibility for inspecting equipment before use and for using equipment only in the manner for which it is intended.

Client agrees not to use equipment that appears damaged, improperly maintained, improperly installed, or otherwise unsafe.

Client is responsible for selecting a safe training environment and using appropriate safety equipment, spotting, supervision, and precautions when necessary.

5. RELEASE AND WAIVER OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLIENT, ON BEHALF OF CLIENT AND CLIENT'S HEIRS, PERSONAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS, HEREBY RELEASES AND DISCHARGES THE PERFORMANCE COLLECTIVE LLC AND ITS OWNERS, MEMBERS, MANAGERS, COACHES, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") FROM CLAIMS OR CAUSES OF ACTION FOR PERSONAL INJURY, ILLNESS, PROPERTY DAMAGE, DISABILITY, OR DEATH ARISING OUT OF OR RELATED TO CLIENT'S PARTICIPATION IN OR USE OF THE PROGRAM, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF A RELEASED PARTY, TO THE EXTENT SUCH CLAIMS MAY LAWFULLY BE RELEASED.

This release is intended to include, to the extent permitted by applicable law, claims associated with:

  1. Exercise programming, recommendations, instructions, demonstrations, or coaching provided through the Program;

  2. Client's performance or attempted performance of an exercise or workout;

  3. Use, misuse, malfunction, failure, setup, or condition of exercise equipment;

  4. Conditions at a gym, home, outdoor environment, training facility, or other location selected by Client;

  5. Slips, trips, falls, or other accidents occurring while participating in the Program;

  6. Client's selection or use of exercise loads, intensities, volumes, repetitions, distances, speeds, or other training variables; and

  7. Other risks reasonably associated with Client's participation in an online or remotely delivered exercise program.

CLIENT UNDERSTANDS THAT THIS PROVISION IS INTENDED TO RELEASE CERTAIN CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.

THIS AGREEMENT IS NOT INTENDED TO RELEASE CLAIMS THAT CANNOT LAWFULLY BE WAIVED OR RELEASED, INCLUDING ANY CLAIMS THAT APPLICABLE LAW PROHIBITS THE PARTIES FROM RELEASING.

6. Online and Remote Coaching Acknowledgment

Client specifically acknowledges that the Program is provided online or remotely.

The Performance Collective may provide exercise demonstrations, written instructions, videos, training recommendations, or other educational information; however, The Performance Collective cannot guarantee that Client will interpret or perform every exercise correctly.

Client is responsible for exercising reasonable judgment regarding Client's abilities and surroundings.

Client agrees to stop an exercise if Client does not understand how to perform it, cannot perform it safely, experiences unusual or concerning pain or symptoms, or reasonably believes that continuing the exercise would create an unreasonable risk.

Client agrees to seek clarification or appropriate professional assistance before continuing when necessary.

7. No Medical Advice

Client acknowledges that The Performance Collective provides fitness, exercise, strength and conditioning, athletic performance, and educational services.

Information provided through the Program is not intended to constitute medical diagnosis, medical treatment, physical therapy, or individualized medical advice unless separately provided by an appropriately licensed healthcare professional acting within the scope of that professional's license.

Participation in the Program does not create a physician-patient or other healthcare-provider relationship.

Client understands that the Program is not a substitute for evaluation, diagnosis, or treatment by a qualified healthcare professional.

8. No Guarantee of Results

Client acknowledges that responses to exercise and training vary among individuals.

The Performance Collective does not guarantee any particular outcome from participation in the Program, including changes in strength, endurance, speed, athletic performance, fitness, health, body composition, weight, or other physiological or performance outcomes.

9. Indemnification

TO THE EXTENT PERMITTED BY APPLICABLE LAW, CLIENT AGREES TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ARISING FROM CLIENT'S PARTICIPATION IN THE PROGRAM OR CLIENT'S BREACH OF THIS AGREEMENT, EXCEPT TO THE EXTENT SUCH INDEMNIFICATION IS PROHIBITED BY APPLICABLE LAW.

10. Ongoing Membership and Participation

Client understands that this Agreement applies to Client's participation throughout Client's enrollment in the Program, including recurring subscription periods, renewals, workouts, training sessions, educational materials, exercise demonstrations, and other services provided as part of the Program.

Unless replaced by a subsequent agreement accepted by Client, this Agreement remains applicable throughout Client's participation in the Program.

11. Governing Law and Severability

This Agreement is intended to be as broad and inclusive as permitted by applicable law and shall be governed by the laws of the State of Arizona, without regard to conflict-of-laws principles, except where another jurisdiction's law is required to apply.

If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable, the remaining provisions shall continue in full force and effect to the extent permitted by law.

12. Electronic Acceptance

Client agrees that this Agreement may be entered into electronically.

Client understands and agrees that electronically signing this Agreement or affirmatively selecting a required acknowledgment indicating acceptance of this Agreement is intended to constitute Client's electronic acceptance and agreement to its terms.

Electronic records of Client's acceptance may be retained as evidence of Client's agreement.

13. Acknowledgment of Understanding

CLIENT ACKNOWLEDGES THAT CLIENT HAS CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTANDS ITS CONTENTS.

CLIENT UNDERSTANDS THAT THIS AGREEMENT CONTAINS AN ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNIFICATION PROVISIONS AND THAT CLIENT MAY BE GIVING UP CERTAIN LEGAL RIGHTS BY ACCEPTING THIS AGREEMENT.

Client acknowledges that Client has had the opportunity to review this Agreement, ask questions, and seek independent legal advice before accepting it.

Client acknowledges that no oral representations, promises, statements, or inducements outside this written Agreement have been relied upon in deciding to participate.

Client voluntarily accepts this Agreement and chooses to participate in The Performance Collective's online training program.