Please read carefully. By signing below, you acknowledge that you understand and agree to the terms of this waiver and policy.
1. Activities and inherent risks
I understand that participation in UPHILL FITNESS LLC fitness training, classes, programs, events and related activities (the “Activities”) is voluntary and may include physical, recreational, fitness and wellness activities, including but not limited to:
- Personal training, duo/buddy sessions, group fitness classes and bootcamps;
- Strength training, cardio and interval training, and use of weights, machines and other gym equipment;
- Pilates, stretching, mobility and similar movement activities;
- Virtual or online training sessions completed at a location of my choosing;
- Outdoor workouts, retreats, and other scheduled or optional UPHILL FITNESS activities and events.
I understand that the Activities involve inherent risks, including but not limited to muscle soreness, strains, sprains, falls, heart-related events, dehydration, heat-related illness, allergic reactions, equipment malfunction, illness, accidents, serious bodily injury, disability, death, property damage, and other unforeseen injuries or conditions. Outdoor activities may involve uneven terrain, high temperatures, sun exposure, weather and other environmental hazards.
2. Voluntary participation and assumption of risk
I voluntarily choose to participate in the Activities. I am 100% responsible for deciding whether I am physically and medically capable of participating in any activity, for participating within my abilities and limitations, and for stopping or declining any activity that I believe is unsafe or inappropriate for me. I may choose not to participate in any particular activity.
I knowingly and voluntarily assume all risks, known and unknown, associated with my participation in the Activities, whether arising from my own actions, the actions of others, the condition of the facilities or equipment, or otherwise.
3. Medical clearance and compliance with doctor’s orders
I represent that I am physically able to participate in the Activities and that I have either consulted a physician or chosen to participate without such consultation at my own risk. I understand that UPHILL FITNESS LLC does not provide medical advice and that the Activities are not a substitute for professional medical care.
I agree not to participate in any manner that violates my doctor’s orders or medical restrictions. I will promptly inform UPHILL FITNESS LLC and its trainers of any health conditions, injuries, or limitations, and I will immediately stop participating if advised by a medical professional or if I experience pain, dizziness, shortness of breath, or other concerning symptoms.
4. Emergency medical care
If I become injured or ill while participating, I consent to receive first aid and emergency medical treatment if deemed necessary, and I authorize reasonable emergency assistance to be sought on my behalf. I am financially responsible for my own medical treatment, emergency transportation, medications, hospital expenses, and other healthcare costs resulting from illness or injury during my participation.
5. Release of liability and hold harmless
In consideration for being allowed to participate, I hereby release, waive, and discharge UPHILL FITNESS LLC, together with its owners, members, managers, employees, independent contractors, trainers, instructors, representatives, volunteers, and agents, from any and all claims, demands, causes of action, damages, losses, or liabilities for injury (including death), illness, or property damage arising out of or related to my participation in the Activities, whether caused by ordinary negligence or otherwise, to the fullest extent permitted by applicable law. This waiver is not intended to release any claim that cannot legally be waived under applicable law.
6. Indemnification
I agree to indemnify and hold harmless UPHILL FITNESS LLC and its trainers from any claims, costs, or expenses (including reasonable attorneys’ fees) arising from my participation, my negligence, or my breach of this waiver.
7. Personal responsibility
I agree to follow all instructions, safety rules, and warnings provided by UPHILL FITNESS LLC and its trainers. I acknowledge that it is my responsibility to use proper attire and footwear, to inspect equipment before use, and to immediately report any unsafe condition.
8. Personal property
I am responsible for safeguarding my personal belongings. UPHILL FITNESS LLC is not responsible for lost, stolen, misplaced, or damaged personal property except to the extent otherwise required by law.
9. Fees · no refunds
ALL FEES AND PAYMENTS MADE TO UPHILL FITNESS LLC ARE NON-REFUNDABLE. This includes training packages and subscriptions, class and drop-in fees, facility fees, deposits, installment payments, event and retreat fees, and other fees paid to UPHILL FITNESS LLC.
If I cancel, arrive late, leave early, choose not to participate in an activity, or am otherwise unable to attend or complete a session, class, or event for personal reasons, I am not entitled to a refund of amounts paid. Any situation in which UPHILL FITNESS LLC cancels or materially changes a session, class, or event will be handled according to its applicable cancellation terms and requirements of law.
10. Photography and media (optional)
If I check the photo/video box when signing below, I grant UPHILL FITNESS LLC permission to use photos and videos of me from the Activities for lawful promotional purposes without compensation. I may revoke this permission in writing at any time for future use. If I leave the box unchecked, I do not grant this permission.
11. Minors
I affirm that I am at least 18 years old. If the participant is under 18, a parent or legal guardian must read and sign this waiver on the participant’s behalf, and the parent or guardian agrees to all of its terms for the participant.
12. Severability and governing law
If any provision of this waiver is found unenforceable, the remaining provisions shall remain in full force and effect. This agreement shall be governed by the laws of the state where the Activities occur.
Acknowledgment and agreement
By signing below, I affirm that I have read and understand this entire waiver, that I am at least 18 years old (or my parent/guardian is signing on my behalf), and that I voluntarily agree to its terms. I understand that UPHILL FITNESS LLC and its trainers are not responsible for any accidents or injuries I may experience during workouts. I acknowledge that I will not violate my doctor’s orders or medical restrictions; I assume the risks of the Activities, including injuries that may occur despite reasonable precautions; I agree to the non-refundable payment policy; and I understand this document affects certain legal rights. I have had the opportunity to ask questions or seek independent legal advice before signing.
This waiver applies to my participation in all UPHILL FITNESS activities from the date I sign it until I revoke it in writing.