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This client coaching agreement is entered into between WELL TRAINED, LLC and the above named client. It will begin on date listed below and is to continue for a minimum three-month period and then after until such time as the client or coach terminates services.


Session rates are based on monthly frequency; a higher frequency results in a reduced per session rate. Unused sessions expire after 31 days and do not roll over due to discounted rate that is applied by intended frequency. In the case that one uses all their sessions before the 31 day expiration date, there is the option to purchase more sessions for a prorated amount of the higher frequency package offer. Client is to purchase desired package or submit payment for a single session prior to performance of any scheduled sessions. Sessions are not transferrable to anyone that they were not originally purchased for and/or by. Additional milage rates will be applied for any sessions completed that do not take place at the identified facility, based on proximity of distance.

  

*Rates are subjected to change based on demand, market standard, and/or but not limited to increased expertise. A minimum of 31 days of notice will be provided if such changes are to be made.


Cancellation Policy: If a session needs to be cancelled, 24 hour notice is required to redeem and reschedule for another date within the same month. Cancellations made with less than 24 hour notice are non-redeemable. Cancellation must be done in writing (by system calendar, email to train@theweltrainedway.com, or by text to 310.981.8795). Any sessions canceled by provider will be credited for rescheduling.


IN CONSIDERATION OF the risk of injury that exists while participating in FITNESS/GYM  ACITIVITES/TRAINING/ATHLETIC MOVEMENTS/STRETCHING/CARDIOVASUCLAR WORK/HIIT & OTHER EXERCISE RELATED ACTIVITIES (hereinafter the "Activity"); and

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participating in the Activity; and I HEREBY release and forever discharge WELL TRAINED LLC, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.


I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH.  I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S), NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY. ‍IT IS MY RESPONSIBILITY TO CONSULT A PHYSICIAN BEFORE PERFORMING THIS OR ANY OTHER EXERCISE PROGRAM.


I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.


I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees.  In the event that I should require medical care of treatment, I authorize WELL TRAINED LLC to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel.  I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment.  I am aware and understand that I should carry my own health insurance.


I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for serious injury. I agree to not participate in the Activity unless I am medically able to, properly trained and I agree to abide by the decision of the WELL TRAINED LLC or agent, regarding my approval to participate in the Activity.


I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.  I EXPRESSLY AGREE TO RELEASE AND DISCHARGE WELL TRAINED LLC AND ALL OF ITS AFFILIATES, MANAGERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST WELL TRAINED LLC FOR PERSONAL INJURY OR PROPERTY DAMAGES.


To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of WELL TRAINED LLC, its agents, and employees.

I agree that this Release shall be governed for all purposes by California law, without regard to any conflict of law principles.  This release supersedes any and all previous oral or written promises or other agreements.



THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.


THIS AGREEMENT was entered into voluntarily, without duress or coercion, and is to be implemented as an agreement between two parties of equal bargaining strength. Both Participant and WELL TRAINED LLC agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise enforceable, the remain of this agreement shall remain in full force and effect.  If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and forced as so limited.


WAIVER & RELEASE OF LIABILITY I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF AGE 18 YEARS OR OLDER,  AND THAT I AM FREELY SIGNING THIS AGREEMENT, I CERTIFY THAT I HAVE READ THIS  AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT  AND THAT I AM SIGNING IT OF MY OWN FREE WILL.

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PARENT/GUARDIAN WAIVER OF MINORS In the event that the participant is under the age of consent (18 years of age), then the release must be signed by a parent or guardian, as follows:


I HEREBY CERTIFY that I am the parent or guardian of participant named above and do hereby give my consent without reservation to the foregoing on behalf of this individual.  

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Client Agreement & Liability Waiver
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