Terms and Conditions

I understand and do hereby consent to participate in a fitness training program that will include resistance training, plyometrics, stretching and/or cardiovascular exercises.

I have been informed and understand that physical exercise has been associated with certain risks, including but not limited to occasional minor injuries (e.g. pulled muscles, muscle soreness, musculo-skeletal strains and sprain, bruises) to infrequent serious injury (e.g., heart attack, stroke or other cardiovascular accidents, muscle tears) to the very rare catastrophic incident (e.g., death, paralysis).

I acknowledge that regardless of the care taken by my trainers that he or she cannot guarantee my personal safety.

I understand it is my responsibility to:

1. Fully disclose any health issues (including diabetes, heart problems, seizures, and asthma) or medications that are relevant to participation in a strenuous exercise program

2. Inform the trainer if there are changes to my health, including injuries and sickness

3. Inform the trainer if there are activities with which I do not feel comfortable

4. Cease exercise and report promptly any unusual feelings (e.g., chest discomfort, nausea, difficulty breathing, apparent injury) during the exercise program

5. Clear my participation with my physician

In agreeing to this exercise program, I, the participant:

1. Acknowledge that my participation is completely voluntary

2. Understand the potential physical risks involved in the exercise program and believe that the potential benefits outweigh those risks

3. Give consent to certain physical touching that may be necessary to ensure proper technique and body alignment

4. Understand that the achievement of health or fitness goals cannot be guaranteed

5. Have been able to ask questions regarding any concerns I might have, and have had those questions answered to my satisfaction

6. Am in good physical condition, have no impairment which might prevent my participation in such activities, and have been advised to consult a physician prior to beginning this program

7. Have been advised to cease exercise immediately if I experience unusual discomfort and feel the need to stop

And further:

- I have read and understand the above agreement
- I have been made fully aware of and understand the potential risks involved in this physical fitness program
- I hereby consent to those risks and am freely and voluntarily participating in the program
- Finally, I am freely signing this agreement

In consideration of Nutfit, Inc. providing services to me, on behalf of myself, my heirs, personal representatives, or assigns, I do hereby release, waive, discharge, and covenant not to sue Nutfit, Inc., its owners, officers, employees, volunteers, agents and contractors, from liability from any and all claims arising from the ordinary negligence of Nutfit, Inc. or any of the aforementioned parties.

I also agree to hold harmless and indemnify Nutfit, Inc., its owners, officers, employees, volunteers, agents, contractors and insurance carriers from all claims (whether initiated by me or by a third party) and to reimburse them for any expenses incurred as a result of my involvement with Nutfit, Inc. I further agree to pay all expenses, including court costs and attorneys’ fees, incurred by Nutfit, Inc. and the aforementioned parties in investigating and defending a claim or suit resulting from my participation in any Nutfit, Inc. fitness and conditioning activities.

I further expressly agree that the foregoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the Commonwealth of Massachusetts 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 agree that if legal action is brought, it must be brought in the District Court or the Federal Court residing where the incident occurred.

I have read this Waiver of Liability and Indemnification Agreement and fully understand its terms. 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 my signature to be a complete and unconditional release of all liability for injury resulting from ordinary negligence to the greatest extent all by law in the Commonwealth of Massachusetts.