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Personal Training Registration / Waiver Form

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WAIVER

1. I acknowledge and fully understand that Kur Wellness Studios (Kur) will endeavor to provide the most effective principles to help achieve my fitness, performance, and personal goals, but that Kur cannot guarantee that any services, products, programs, methods, workouts, recommendations, or routines will be safe, effective or suitable for everyone. All such products and services, programs, techniques, recommendations, and materials embodied in such products and services are offered without warranties or guarantees of any kind, express or implied, including, but not limited to, warranties of safety or fitness for any particular purpose. Further, I hereby waive, release, and discharge Kur Wellness Studio LLC, and all of their members, officers, employees, contractors, agents, and representatives from any and all liability from death, injuries or damages arising from, or in any way connected with, use of its services, products, programs, methods, workouts, recommendations, or routines, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of Kur, no matter where those injuries occur.

2. I acknowledge and fully understand that any fitness or exercise activities, and the use of training and fitness equipment and machinery, involve risks of serious injury, permanent disability, or death, even if done correctly and with the utmost attention to safety. These risks include, but are not limited to, fainting; broken bones; strained or torn muscles; torn or strained ligaments, tendons, and other connective tissues; herniated discs and other spinal injuries; cardiovascular or cerebrovascular events, including heart attack or stroke; conditions related to overexertion, including heat stroke/exhaustion or rhabdomyolysis; or damage to the nervous system, including irreversible damage to the brain or spinal cord. I further acknowledge and fully understand that participation in any fitness or exercise activities could aggravate a pre-existing condition, whether known or unknown, and that there may be other risks associated with my participation in fitness or exercise activities that are not known or not reasonably foreseeable at this time. I further acknowledge and fully understand that all of the foregoing risks are especially pronounced if fitness and performance programming services and advice are provided by Kur that are used outside of Kur because I may necessarily be engaging in fitness or exercise activities on my own, without real-time supervision by Kur, in a facility or location over which Kur has no control. I hereby acknowledge and accept the foregoing risks and dangers. Further, I hereby waive, release, and discharge Kur from any and all liability from death, injuries or damages arising from, or in any way connected with, Kur’ fitness and performance programming services; Kur instruction, programming, advice or recommendations; the use of any exercises, routines, equipment or machinery, whether or not they were recommended by Kur; or my engagement in any fitness or exercise activities, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of Kur, no matter where those injuries occur.

3. I understand that during the performance of my personal fitness training program physical touching and positioning of my body may be necessary to assess my muscular and bodily reactions to specific exercises, as well as to ensure that I am using proper technique and body alignment. I expressly consent to the physical contact for these reasons.

4. Kur and its instructors are not responsible for any injuries resulting from your failure to follow the directions of the trainer/instructor, for existing physical/medical problems, or for forcing yourself beyond natural limitations. I do hereby intend to be legally bound for myself, and I waive and release any and all claims for damages I may have against Kur and its instructors for any and all injuries suffered while engaging in the training provided to me, and agree to hold Kur and its instructors harmless and indemnify it for any incident(s) arising from my use of the facilities.

5. The use of our facilities and any of our gym equipment naturally involves the risk of injury, whether you or someone else causes it. As such you understand and voluntarily accept this risk and agree that Kur or anyone on Kur and their employees will not be liable for any damage to you resulting from negligence or other acts of Kur or anyone on Kur’ behalf or anyone using the facilities. I do hereby waive, release, and forever discharge Kur and their employees, contractors, representatives, and all others from any and all responsibilities or liabilities from injuries or damages arriving out of or connected with my attendance at Kur, my participation in all activities, my use of equipment or machinery, or any act of omission, including negligence or Kur representatives.

6. I acknowledge and agree that any information, guidelines, or advice provided by Kur are not intended to constitute and shall not be construed as dietetic or medical advice, as treatment for any general or particular medical or physiological condition or pathology, or as a means of improving or bettering health outcomes, and that they carry no express or implied warranty of any kind, including, but not limited to, warranties regarding safety or suitability for a particular purpose.

7. I understand that a physician’s approval is highly recommended prior to participating in any type of fitness or exercise activity, and I hereby represent that I have either obtained a signed approval from my physician, or that I acknowledge the risks inherent in such activities but have elected to engage in said activities without seeking prior approval by a physician.

8. If a court of competent jurisdiction, or any other legal authority or governmental agency, declares any provision of this agreement invalid, such invalidation shall not affect the remaining provisions of this agreement, which shall remain in full force and effect. If any sentence, clause, phrase, or term of any section of this agreement is deemed invalid, the remainder of that section shall remain in full force and effect.

9. Any suit brought under this agreement, or in relation to any programming, consultation or services provided under this agreement, shall be brought forth in the appropriate court in the State of New Jersey, and both parties irrevocably consent to venue and jurisdiction in that court. This agreement shall be governed by New Jersey law, irrespective of any choice-of-law principles. The parties’ legal rights and obligations relating to this agreement and relating to the programming and services provided under this agreement shall be governed by New Jersey law, irrespective of any choice-of-law principles. This agreement shall be deemed to have been agreed to and executed in New Jersey.

10. I HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ADHERE TO ALL ITS PRECEPTS. Any questions that I may have had relating to anything in this agreement have been answered to my satisfaction. This document encompasses the entire agreement of the parties and supersedes all prior oral and written representations between the parties, if any.

Thank you for completing this questionnaire; by doing so, your trainer can give you the most personalized and effective instruction possible. Your privacy, including the information on this form is strictly confidential, and will not be shared without your permission.

Photography Consent (optional):

October 1, 2020