Joan’s Fit Zone (Joan Dandeneau Fitness, LLC - heretofore known as JDF)

Engage Fitness Collective, LLC (heretofore known as EFC)

DECLARATIONS: This Agreement is entered into between JDF/EFC and the undersigned (“Client”). The provision of training services by any instructor associated with EFC to Client, and Client’s use of their own choices of premises, facilities or equipment are contingent upon this Agreement. 

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

ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including participating in online fitness classes, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by JDF/ EFC or otherwise, including injuries or damages arising out of the negligence of JDF / EFC, whether active or passive, or any of JDF / EFC’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of EFC or otherwise. 

RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge JDF / EFC (and EFC’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 JDF / EFC, whether active or passive, or any of JDF / EFC’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of(a)   your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises. 

INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless JDF / EFC from any loss, liability, damage, or cost EFC may incur due to the provision of fitness instruction by JDF / EFC to you. 

ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Washington and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that JDF / EFC offers a service to clients encompassing the entire recreational and/or fitness spectrum. JDF / EFC is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by EFC. You acknowledge and agree that JDF / EFC does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts.  You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against JDF / EFC for negligence, or for any defective product used while receiving fitness instruction from JDF / EFC. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. I will receive information and instruction while participating in classes, health programs or workshops offered by JDF / EFC.

I recognize that many classes will require physical exertion, which may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in this class or any other activity associated with JDF / EFC.

I represent and warrant that I am physically fit and have no medical conditions that would prevent my full participation in the class, health program or any workshop. I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I may incur as a result of participating in any of the classes delivered by Zoom or stored online.   

I agree to hold harmless JDF / EFC, their subsidiaries, shareholders, directors, officers, employees, conference presenters, conference sponsors, their respective agents, successors and assigns, from any and all liability whatsoever arising out of this club participation including, but not limited to: physical injuries, muscle strains, tears, pulls, broken bones, miscarriage, covid-19 or other virus exposure, death, and any and all illness, or loss of personal property and income. 

I also understand that I may be videotaped, audio-recorded and/or photographed during class, and JDF / EFC may use any and all imagery before, during and after the event, both photos and videos, for any and all promotional and financial purposes without any compensation.  By providing my email address on any all registration forms, I agree to receive messages from JDF / EFC and any of its affiliates.  

TRAINING AND PAYMENTS 

Classes provide various exercise activities. Activities shall mean the following: cardiovascular training, muscle strength training, endurance training, and flexibility; training; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of training equipment, free weights, bands, and body weight; stretching; weight lifting; and any other training activities, techniques, and/or exercises. 

The Monthly Recurring Membership grants the client access to unlimited live and virtual fitness classes provided by Trainer/Coach. The Client agrees to pay Trainer/Coach the a set amount per month. 

The amounts payable per Training Session may be adjusted at the sole discretion of the Trainer/Coach, at any time. The Trainer/Coach agrees to give at least 30 days notice of payment increase. 

WAIVER AND INDEMNITY 

The Client agrees to indemnify the Trainer and/or any guest fitness trainer for any injuries, illnesses, or expenses from the Clients participation, especially if the Client has neglected to disclose a known medical condition or similar information that might affect the Client's ability to participate in the Fitness Program / Classes.   

■      I HAVE READ THE ABOVE RELEASE AND WAIVER OF LIABILITY AND FULLY UNDERSTAND THEIR CONTENTS.