studio

waiver

Please ensure a waiver is completed and on file prior to your first class with us at Physoulcal Fitness & Wellness.

Waiver Must Be Completed Prior to First Class |

Waiver Must Be Completed Prior to First Class |

Waiver

Please use the email associated with your Physoulcal Fitness & Wellness account. This would be the email you use to log in to your app & account online to book classes.

I understand

I voluntarily desire to participate in the service(s) provided by Caitlin Yourish and Physoulcal Fitness & Wellness LLC and its agents (the “Service Provider”). In exchange for receiving the Services and/or use of the property, facilities, and Services, I agree to the following:


1. Voluntary Participation. I acknowledge that I am choosing to participate voluntarily in the Services, and I recognize that these Services may contain certain inherent risks. I agree that I expressly assume all of the risks, known and unknown, of the Services in which I participate. I am also aware that if there is any Service, or part of any Service, that I am not comfortable receiving, that I may voluntarily decline to participate at any time. I understand that I will not receive a refund for any part of the Service I decline to receive, but it is my right to not participate and/or inform the Service Provider that I wish to stop receiving all or part of the Service at any time.


2. Not a Substitute for Medical Advice. I understand that the information provided at or in conjunction with the Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by my own physician, therapist, licensed dietitian or nutritionist, or any other licensed or registered mental or physical health care professional. I understand that the Service Provider and his/her employees, representatives and agents are not acting in any capacity as a medical or mental health care provider and they are not giving medical or psychological advice. I understand that they are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body during the course of the Services.


3. Intellectual Property Rights. I understand that the Service Provider retains all ownership and intellectual property rights to the content and materials provided to me at or through the Services, including all copyrights and any trademarks belonging to the Service Provider. I understand and agree that the Services, content and materials are being provided to me for my individual use only and with a single-user license which means that I am not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Service, content or materials, electronically or otherwise, for business or commercial use, or in any other way that earns me money, without the prior written permission of the Service Provider.


4. Media Release. I understand that by participating in the Services, I am consenting to photographs, videos, and/or audio recordings that may be made that may contain my image, voice and/or likeness for current and future use, with no compensation to me. Please note that these postings and recordings may or will be shared with potential clients or other clients, in our marketing materials, website, social media or in other promotion or sales for the Service Provider’s business use.


5. Limitation of Liability. I waive and release the Service Provider from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which I have ever had, now have or may have in the future against the Service Provider, arising from my past, present or future participation in, or otherwise with respect to, anything related to and including the Services, including any transportation to, from and during the Services, unless arising from the gross negligence of the Service Provider.


6. Release of Claims. In no event will the Service Provider be liable to me or to any person for any direct, indirect, special, incidental or consequential damages for any use of, non-use, or reliance on these Services or related content or materials, including, without limitation, any personal injuries, accidents, misapplication of information, or any other loss, malady, disease, difficulty, injury, or otherwise, even if I am advised of the possibility of such damages, difficulties, or injuries, whether caused by the fault of myself, the Service Provider, other attendees or other third parties. I agree to pay for all damages caused to the Service Provider, facilities, or any other person resulting from any negligent, reckless, or willful action that I may take.

I have carefully read this document and I consent to all parts of it. I understand that by consenting to this Release and Waiver, I voluntarily surrender certain legal rights.


By clicking/tapping/touching/selecting or otherwise interacting with the "Submit" button below, you are consenting to signing this Document electronically. You agree your electronic signature ("E-Signature") is the legal equivalent of your manual signature on this Document. You consent to be legally bound by this Document's agreement(s), acknowledgement(s), policy(ies), disclosure(s), consent term(s) and condition(s). You consent to be legally bound by Xplor’s terms of service, available at https://www.xplortechnologies.com/brandbot-subscription-terms-of-service/. You agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature. You may request a paper version of an electronic record by writing to us. We reserve the right to charge a reasonable fee for the production and mailing of a paper version of the record. Your current valid email is required for all communications.