HOLISTIC HEALTH SERVICES AGREEMENT,
RELEASE OF LIABILITY & ASSUMPTION OF RISK
THIS HOLISTIC HEALTH SERVICES AGREEMENT, RELEASE OF
LIABILITY & ASSUMPTION OF RISK (this "Agreement") is made effective as of the 31
day of August, 2010, by and between Full Circle Fitness Coaching ("Contractor") and:
"Client":
______________________________________________________________________________
Street Address:
______________________________________________________________________________
City: _______________________________________ State: ______ Zip:___________________
DOB: ______________________________________ Age: ________ Gender: ______________
Hm Phone:______________________________ Wk Phone:_____________________________
Mobile Phone: ______________________________
EMERGENCY CONTACT PERSON
Name: _________________________________________ Relationship: ___________________
Hm Phone:______________________________ Wk Phone:_____________________________
Mobile Phone: ______________________________
NOW, THEREFORE, the Parties, in consideration of their mutual and respective
covenants and agreements as hereinafter set forth, agree as follows:
1.0
CONTRACTOR'S OBLIGATIONS
1.1
Access to Facilities & Activities. Contractor shall allow Client reasonable access
to its facilities, equipment and scheduled activities, during Contractor’s regular business hours.
1.2
Equipment. Contractor shall provide any and all equipment for Client’s use at
Contractor’s facility during Contractor’s regular business hours.
1.3
Services & Performance. Contractor shall offer Client a variety of holistic
health services, including, without limitation, Personal Training Sessions, Physical Assessments,
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1
Holistic Lifestyle Coaching and Consultations, Metabolic Typing, and Exercise Programming;
and Contractor shall perform said services in a reasonably professional and competent manner,
and in compliance with applicable law.
1.4
Insurance. Contractor shall maintain any and all essential insurance policies as
mandated by applicable law.
2.0
CLIENT'S OBLIGATIONS
2.1
Contract Price. In exchange for the services described in Section 1.0 above,
Client shall pay Contractor the sum of $___________ per FCF Coaching Session, and hereby
agrees to purchase ________ FCF Coaching Sessions, for a total contract price of
$_________________. For purposes of this Agreement, the Parties agree that the term “FCF
Coaching Session” shall be defined as 55 minutes of one or more of the holistic health services
referred to in Paragraph 1.3 above, and provided by Contractor for Client, in the manner
described in Section 1.0 above.
2.2
Payment Methods. Any and all payments due and payable by Client to
Contractor shall be paid by one of the following methods: (a) cash; (b) personal check;
(c) Cashier's Check; (d) Money Order; (e) credit card; or (f) any combination thereof.
2.3
Cancellation Policy. Client shall provide Contractor with a minimum of 24hours notice of Client's intent to cancel or not attend a scheduled FCF Coaching Session. Client
shall pay the full FCF Coaching Session price to Contractor, as provided in Paragraph 2.1 above,
for any and all FCF Coaching Sessions that are cancelled or not attended by Client with less than
the mandatory 24-hours notice to Contractor.
2.4
Client Signature/Certification. At or near the time of each scheduled FCF
Coaching Session, including any and all FCF Coaching Sessions that were cancelled or not
attended by Client with less than 24-hours notice, Client shall provide her or his signature to
Contractor on a document provided by Contractor which references Client’s scheduled FCF
Coaching Sessions. Said Client's signature shall certify that the referenced FCF Coaching
Session was fully performed by Contractor in a reasonably professional and competent manner.
2.5
Contractor’s Rules and Instructions. Client shall abide by any and all of
Contractor’s rules, procedures and instructions pertaining to the use of Contractor’s facilities,
and participation in the activities offered by Contractor. Without limiting the generality of the
foregoing, Client agrees to, among other things: (a) wear any and all requisite safety
equipment/gear; (b) follow all of Contractor’s safety rules, procedures and instructions; and
(c) immediately inform Contractor of any conduct, condition or circumstance which Client
believes may endanger the health and/or safety of Client and/or any other person.
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Holistic Health Services Agreement,
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3.0
TERMINATION OF THIS AGREEMENT
3.1
Client’s Right to Terminate. Client may cancel or terminate this Agreement for
any reason at any time prior to 5:00 p.m. on the fifth (5th) calendar day (excluding Sundays and
holidays) after the effective date of this Agreement as first written above. To effectively cancel
this Agreement, Client shall deliver to Contractor a signed and dated writing that clearly states
that Client is canceling this Agreement.
3.2
Contractor’s Right to Terminate. Contractor reserves the right to refuse service
to Client for any reason, including, without limitation: (a) Client’s failure, refusal and/or inability
to participate in the FCF Coaching Sessions in a reasonably safe and prudent manner as
instructed and directed by Contractor; or (b) Client’s failure, refusal and/or inability to abide by
the rules and policies set forth by Contractor pertaining to either the FCF Coaching Sessions, or
the venue in and around which the FCF Coaching Sessions take place. If Contractor terminates
this Agreement pursuant to this Paragraph 3.2, then Contractor agrees to promptly refund to
Client any payments made to Contractor toward any FCF Coaching Sessions that have not been
used by Client, and have not expired pursuant to Paragraph 3.3 below.
3.3
Automatic Termination. This Agreement shall automatically terminate eight (8)
calendar months after the effective date of this Agreement as first written above, unless extended
in a writing executed by both Contractor and Client. Client understands and agrees that:
UPON THE AUTOMATIC TERMINATION OF THIS AGREEMENT,
CONTRACTOR SHALL NOT BE REQUIRED TO PROVIDE CLIENT
WITH ANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY
AND ALL PREPAID FCF COACHING SESSIONS WHICH HAVE NOT
BEEN USED BY CLIENT AS OF THE TERMINATION DATE.
CONTRACTOR SHALL NOT BE OBLIGATED TO REFUND TO
CLIENT ANY MONIES PAID TO CONTRACTOR PURSUANT TO THIS
AGREEMENT FOR FCF COACHING SESSIONS WHICH HAVE NOT
BEEN USED BY CLIENT AS OF THE TERMINATION DATE.
4.0
RELEASE OF LIABILITY & ASSUMPTION OF RISK
4.1
Client Assumes the Risk Inherent in Her or His Use of Contractor’s Facilities
and Services.
Client understands that using Contractor’s facilities, and participating in activities within
or around Contractor’s premises, involve the risk of injury, loss or damage to Client and/or
Client's guest(s), whether Client or someone else causes it. Client further understands that
specific risks vary in severity and scope from one activity to another, and include, without
limitation: (a) overexertion; (b) broken bones; (c) muscle strains, sprains, tears, and pulls, not
only of the obvious muscles such as those in the legs and arms, but also of less obvious muscles
such as the heart; (d) stress on the cardiovascular system; (e) heart attack; (f) stroke; (g) death;
(h) injuries, loss or damage resulting from malfunctioning equipment; (i) injuries, loss or damage
resulting from Client's or someone else's attempt to adjust, position, handle, or use equipment;
(j) injuries, loss or damage resulting from Client's or someone else's attempt to adjust, position,
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3
handle, or use the facility's furniture and/or other furnishings; and (k) injuries, loss or damage
resulting from slipping, tripping and/or falling in or around Contractor’s premises.
CLIENT’S INITIALS:______________________ [Client’s initials indicate that she or he has
read, understood and voluntarily assumed all of the risks described in Paragraph 4.1 above]
4.2
Client Assumes the Risk of Negligence of Contractor and/or its Agents.
Client understands that using Contractor’s facilities, and participating in activities within
or around Contractor’s premises, involve the risk of injury, loss or damage to Client and/or
Client's guest(s), which may be caused by the negligent acts or omissions on the part of
Contractor and/or its agents. Client further understands that specific risks vary in severity and
scope and include, without limitation: (a) injuries, loss or damage resulting from improper
maintenance of Contractor’s or Contractor’s agents’ equipment, furnishings or facilities;
(b) injuries, loss or damage resulting from Contractor’s or Contractor’s agents’ negligent
instruction, supervision or performance of services.
CLIENT’S INITIALS:______________________ [Client’s initials indicate that she or he has
read, understood and voluntarily assumed all of the risks described in Paragraph 4.2 above]
4.3
Client Forever Releases Contractor From Liability.
IN CONSIDERATION OF CLIENT'S ACCESS TO CONTRACTOR’S FACILITIES
AND SERVICES, CLIENT UNDERSTANDS, ACKNOWLEDGES AND VOLUNTARILY
ACCEPTS THE RISKS OUTLINED IN PARAGRAPHS 4.1 AND 4.2 ABOVE, AND
SPECIFICALLY INTENDS TO COMPLETELY AND FOREVER RELEASE CONTRACTOR
FROM LIABILITY FOR ANY PROPERTY LOSS, DAMAGE OR THEFT, OR PERSONAL
INJURY WHATSOEVER, WHETHER INCURRED WHILE USING EQUIPMENT OR NOT,
INCLUDING, WITHOUT LIMITATION: PERSONAL BODILY INJURY, MENTAL OR
PSYCHOLOGICAL INJURY, ECONOMIC LOSS, OR ANY OTHER DAMAGE OF ANY
KIND WHATSOEVER INCURRED BY CLIENT (AND CLIENT'S: GUESTS, UNBORN
CHILD, AGENTS, SERVANTS, EMPLOYEES, ATTORNEYS, PREDECESSORS,
SUCCESSORS, ASSIGNS AND ASSIGNORS, SPOUSE, HEIRS, LEGATEES, DEVISEES,
EXECUTORS, ADMINISTRATORS, ESTATES, PARENTS, AFFILIATES, AND
AFFILIATED ENTITIES OF ANY KIND) RESULTING FROM: (A) CLIENT'S OWN ACTS
OR OMISSIONS; OR (B) FROM THE NEGLIGENCE, OR OTHER ACTS OR OMISSIONS
OF CONTRACTOR (AND CONTRACTOR’S: OWNERS, PERSONNEL, SERVANTS,
EMPLOYEES, CONTRACTORS, AGENTS, ATTORNEYS, PREDECESSORS,
SUCCESSORS, ASSIGNS AND ASSIGNORS, AFFILIATES, AFFILIATED ENTITIES OF
ANY KIND, AND ANYONE ACTING OR PURPORTING TO ACT ON BEHALF OF
CONTRACTOR).
CLIENT FURTHER UNDERSTANDS AND ACKNOWLEDGES THAT
CONTRACTOR DOES NOT MANUFACTURE FITNESS OR OTHER EQUIPMENT, BUT
MERELY PURCHASES AND/OR LEASES EQUIPMENT. CLIENT UNDERSTANDS AND
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ACKNOWLEDGES THAT CONTRACTOR IS PROVIDING FITNESS-RELATED
RECREATIONAL SERVICES ONLY, AND CLIENT SPECIFICALLY INTENDS TO
COMPLETELY AND FOREVER RELEASE CONTRACTOR FROM ANY AND ALL
LIABILITY FOR DEFECTIVE: (A) PRODUCTS, (B) EQUIPMENT, (C) FURNISHINGS, OR
(D) CONDITIONS OF THE PREMISES.
CLIENT’S INITIALS:______________________ [Client’s initials indicate that she or he has
read, understood and voluntarily given the releases described in Paragraph 4.3 above]
5.0
CLIENT’S HEALTH STATUS AFFIRMATIONS
Client represents and affirms that she or he has no reason to believe that she or he is
unable to use Contractor’s facilities, and/or participate in the activities offered by Contractor, in a
reasonably safe and prudent manner. Without limiting the generality of the foregoing, Client
further represents and affirms that she or he has no reason to believe that she or he suffers from
any health-related condition that could preclude Client from using Contractor’s facilities, and/or
participating in the activities offered by Contractor, in a reasonably safe and prudent manner,
including, without limitation, asthma, diabetes, epilepsy, or heart problems.
Client further represents and affirms that in the event that she or he learns of any facts,
circumstances or conditions that may interfere in any way with Client’s ability to use
Contractor’s facilities, and/or participate in the activities offered by Contractor, in a reasonably
safe and prudent manner, then Client shall immediately cease any and all use of Contractor’s
facilities and services until such time as Client is able to use Contractor’s facilities, and/or
participate in the activities offered by Contractor, in a reasonably safe and prudent manner.
CLIENT’S INITIALS:______________________ [Client’s initials indicate that she or he has
read, understood and voluntarily given the affirmations described in Section 5.0 above]
6.0
CLIENT’S AUTHORIZATION TO RECEIVE AND AGREEMENT TO PAY FOR
EMERGENCY HEALTH CARE AND MEDICAL SERVICES
Client understands and agrees that in the course of Client’s use of Contractor’s facilities
and/or participation in FCF Coaching Sessions and other activities offered by Contractor, a
situation may arise in which Client is in need of emergency health care and medical services,
including, without limitation, first aid, emergency cardiovascular care (including, without
limitation, Cardiopulmonary Resuscitation, and use of an Automated External Defibrillator), and
emergency transport. In the event such an emergency arises, Client hereby expressly authorizes
Contractor and its agents to cause any and all reasonably necessary emergency care to be given
to Client, and to share whatever health and other personal information Contractor reasonably
believes is necessary or helpful in connection with said emergency care.
Client assumes total responsibility for full payment of any and all costs incurred as a
result of any emergency care and services Client receives pursuant to this Section 6.0. Client
specifically intends and agrees to release Contractor and its agents from any and all liability for
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5
the payment of any and all costs incurred as a result of any emergency care and services Client
receives pursuant to this Section 6.0.
IN CONSIDERATION OF CLIENT'S ACCESS TO CONTRACTOR’S FACILITIES
AND SERVICES, CLIENT UNDERSTANDS, ACKNOWLEDGES AND VOLUNTARILY
ACCEPTS THE RISKS ASSOCIATED WITH CLIENT’S RECEIPT OF EMERGENCY
HEALTH CARE AND MEDICAL SERVICES, AND SPECIFICALLY INTENDS TO
COMPLETELY AND FOREVER RELEASE CONTRACTOR FROM LIABILITY FOR ANY
PROPERTY LOSS, DAMAGE OR THEFT, OR PERSONAL INJURY WHATSOEVER,
INCURRED WHILE RECEIVING THE EMERGENCY CARE AND/OR MEDICAL
SERVICES DESCRIBED IN THIS SECTION 6.0, INCLUDING, WITHOUT LIMITATION:
PERSONAL BODILY INJURY, MENTAL OR PSYCHOLOGICAL INJURY, ECONOMIC
LOSS, OR ANY OTHER DAMAGE OF ANY KIND WHATSOEVER INCURRED BY
CLIENT (AND CLIENT'S: GUESTS, UNBORN CHILD, AGENTS, SERVANTS,
EMPLOYEES, ATTORNEYS, PREDECESSORS, SUCCESSORS, ASSIGNS AND
ASSIGNORS, SPOUSE, HEIRS, LEGATEES, DEVISEES, EXECUTORS,
ADMINISTRATORS, ESTATES, PARENTS, AFFILIATES, AND AFFILIATED ENTITIES
OF ANY KIND) RESULTING FROM: (A) CLIENT'S OWN ACTS OR OMISSIONS, (B)
THE NEGLIGENCE, OR OTHER ACTS OR OMISSIONS OF ANY EMERGENCY HEALTH
CARE/SERVICES PROVIDER (AND SAID EMERGENCY HEALTH CARE/SERVICES
PROVIDER’S: OWNERS, PERSONNEL, SERVANTS, EMPLOYEES, CONTRACTORS,
AGENTS, ATTORNEYS, PREDECESSORS, SUCCESSORS, ASSIGNS AND ASSIGNORS,
AFFILIATES, AFFILIATED ENTITIES OF ANY KIND, AND ANYONE ACTING OR
PURPORTING TO ACT ON SAID EMERGENCY HEALTH CARE/SERVICES
PROVIDER’S BEHALF), OR (C) FROM THE NEGLIGENCE, OR OTHER ACTS OR
OMISSIONS OF CONTRACTOR (AND CONTRACTOR’S: OWNERS, PERSONNEL,
SERVANTS, EMPLOYEES, CONTRACTORS, AGENTS, ATTORNEYS, PREDECESSORS,
SUCCESSORS, ASSIGNS AND ASSIGNORS, AFFILIATES, AFFILIATED ENTITIES OF
ANY KIND, AND ANYONE ACTING OR PURPORTING TO ACT ON BEHALF OF
CONTRACTOR).
CLIENT’S INITIALS:______________________ [Client’s initials indicate that she or he has
read, understood and voluntarily given the authorizations and releases described in Section
6.0 above]
7.0
GENERAL PROVISIONS
7.1
Independent Contractor. Contractor is an independent contractor and not an
employee of Client.
7.2
Attorneys' Fees. In the event of any action arising out of any term, covenant,
condition or other provision of this Agreement, or to collect any monies due under this
Agreement, the prevailing Party shall be entitled to receive, as a part of any judgment or award,
her, his or its actual costs incurred. Further, the prevailing Party shall be entitled to additional
awards of actual costs incurred in enforcing such judgment or award, or in collection of any
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monies awarded therein. For the purpose of this provision, "costs" shall include all reasonable
attorneys' fees and costs, consultants' fees, experts' fees and the like.
7.3
Time of Essence. Time is expressly declared to be of essence of this Agreement
and of every provision thereof in which time is an element.
7.4
Continuing Cooperation. Each Party to this Agreement shall be obligated
hereunder to do such other and further acts, including, without limitation, the execution of any
documents or instruments, which are reasonable, or may be necessary or convenient in carrying
out the purposes and intent of this Agreement.
7.5
Governing Law and Venue. This Agreement has been entered into in the
County of San Diego, State of California, and shall be governed by, construed and enforced in
accordance with the internal laws of the State of California, without giving effect to its conflicts
of law principles, applied to contracts made in California by California domiciliaries to be
wholly performed in California. Any dispute that results in litigation (including any binding
arbitration or other alternative dispute resolution proceeding) shall be resolved in the courts of
competent jurisdiction located in, or through arbitration or other alternative dispute resolution
proceeding conducted in, the County of San Diego, State of California.
7.6
Severability. In the event that any covenant, condition or other provision herein
is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be
deemed severable from the remainder of this Agreement, and will in no way affect, impair or
invalidate any other covenant, condition or other provision herein. If such condition, covenant or
other provision shall be deemed invalid due to its scope or breadth, such covenant, condition or
other provision shall be deemed valid to the extent of the scope or breadth permitted by law.
7.7
Waiver. No breach of any covenant, condition or other provision herein can be
waived unless said waiver is in writing. Waiver of any one breach of any covenant, condition or
other provision herein shall not be deemed to be a waiver of any other breach of the same or any
other covenant, condition or other provision herein.
7.8
Amendment/Modification. This Agreement may be amended or modified only
by a written agreement executed by both Client and Contractor.
7.9
Construction. Section/Paragraph titles or captions contained herein are inserted
as a matter of convenience and for reference, and in no way define, limit, extend or describe the
scope of this Agreement or any covenant, condition or other provision herein. No covenant,
condition or other provision in this Agreement is to be interpreted for or against either Party
because that Party or her, his or its legal representative drafted such provision.
7.10 Assignment. Neither this Agreement nor any rights hereunder shall be assigned,
pledged, hypothecated or otherwise transferred by any Party hereto without the prior written
consent of the other Party.
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7.11 Entire Agreement. This Agreement constitutes the entire agreement between
Client and Contractor pertaining to the subject matter hereof. This Agreement fully supersedes
any and all prior representations, warranties, understandings and agreements by and between
Client and Contractor pertaining to the subject matter hereof.
IN WITNESS WHEREOF the Parties have executed this HOLISTIC HEALTH
SERVICES AGREEMENT, RELEASE OF LIABILITY & ASSUMPTION OF RISK as of the
effective date first written above.
CLIENT:
I, ___________________________________________, hereby acknowledge and affirm
that I have read and understood the foregoing HOLISTIC HEALTH SERVICES AGREEMENT,
RELEASE OF LIABILITY & ASSUMPTION OF RISK, and am voluntarily entering into this
Agreement.
_____________________________________________________________
Signature
FULL CIRCLE FITNESS COACHING
by:
___________________________________
___________________________________
[Print Name/Title]
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