*I understand that my fees are non-refundable and non-transferrable.  

Online Fitness Liability Waiver

Congratulations to you for wanting to participate in the Trainer In Your Back Pocket online fitness class/training/session! Your safety and comfort is of the utmost importance to me. I request that you participate in only those exercises or movements that you are physically able to do, and that you notify me of any restrictions you may have before starting so that I can do my best to accommodate them. Please read the following information carefully and let me know if you have any questions before agreeing to these terms.  

I voluntarily desire to participate in the Trainer In Your Back Pocket online fitness class/training/session (“Training”) organized by Abby Malmstrom owner of Trainer In Your Back Pocket at 401 Rio Casa Dr S, Indialantic, FL, 32903 (the “Instructor/Trainer”). In exchange for participation in the Training and/or use of the property, facilities, and services provided during the Training, I agree to the following:

1. Voluntary Participation & Assumption of Risk. I take full and sole responsibility for my health, fitness, life and well-being and all decisions made before, during and after the Training. I acknowledge that I am choosing to participate voluntarily in the activities at the Training and I recognize that the Training, while planned with care and love, may contain certain inherent risks because they involve the physical movement of the body. I agree that I expressly assume the risks of the Training in which I participate and I understand the limitations of online fitness instruction in that the Instructor/Trainer may not be able to fully see my body alignment or movements through video and is not physically able to make adjustments to my form, movements or posture. I am also aware that if there is any aspect of the Training that I am not comfortable participating in or I wish to rest during the Training, that I may voluntarily decline to participate or rest at any time if I wish.
2. Instruction. I agree to observe and obey all instruction or directions given by the Instructor/Trainer.
3. Not a Substitute for Medical Advice. I understand that the Training and the information provided during or through the Training 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 Instructor/Trainer is 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 Training. Rather, they are serving in their capacities as Instructor/Trainers, coaches, mentors and guides to provide me with education, information, and tools to assist me in my own health, fitness, self-care and healthy living.
4. Limitation of Movement. I agree to disclose to the Instructor/Trainer in advance any known or suspected physical limitations that may impact my breathing or movement or any other health or mental condition that may be affected during the Training, including pregnancy. If I suspect that I have a medical or mental health emergency, issue or concern, I agree to inform the Instructor/Trainer immediately. 
5. Seek Medical Advice. I agree to seek the advice of my physician regarding any questions or concerns I have about my specific health situation.  I understand that I am advised to speak with my own physician or mental health provider before starting this Training to be certain I am without significant health risks which would prevent me from participating in the Training. I agree to not disregard or delay seeking professional medical advice if I am injured, ill, or feel I am in imminent harm to myself or others, or if I experience any physical discomfort before, during or after the Training.
6. Consent to First-Aid or Emergency Treatment. Should the Instructor/Trainer observe that medical aid may be needed to assist me, I consent to the Instructor/Trainer calling 911 if needed and to the application of first-aid or other medical or mental health services to be applied if needed in connection with an emergency health problem or potentially harmful situation during the Training, and I agree to hold the Instructor/Trainer harmless as a result of any such injury or damage I may suffer due to the application of medical or mental health services or treatment. I also agree and consent that the Instructor/Trainer may contact my Emergency Contact as shown on the bottom of this form and share detailed information about the emergency situation.
7. Intellectual Property Rights. I understand that the Instructor/Trainer retains all ownership and intellectual property rights to the Training content and materials provided to me at or through the Training, including all copyrights and any trademarks belonging to the Instructor/Trainer. I understand and agree that Training 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 Training 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 Instructor/Trainer.
8. Media Release. I understand that by participating in the Training, I 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 Instructor/Trainer’s business use.
9. Limitation of Liability. I waive and release the Instructor/Trainer 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 Instructor/Trainer, arising from my past or future participation in, or otherwise with respect to, anything related to and including Training, unless arising from the gross negligence of the Instructor/Trainer.
10. Release of Claims. I agree that the Instructor/Trainer is not liable to me or to any other person for any direct, indirect, special, incidental or consequential damages for any use of, non-use, or reliance on this Training, its content or materials, including, without limitation, 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 Instructor/Trainer, other attendees or other third parties.

I have carefully read this document and by checking the box, I consent to all parts of it.  I understand that by checking the box, I voluntarily surrender certain legal rights.