Please read this agreement ("Agreement")
carefully before accessing or using the Web site at
TrainerForce.com (the "Site"). By accessing or using the Site, or by choosing
"Yes" in the enrollment form, you, as a personal trainer, (“Trainer”), on behalf of your personal
training clients,
agree to be bound by this Agreement. We provide the information and services on
this Site to
you, the user, conditioned on your acceptance without modification of the terms,
conditions and
notices contained herein. Your use of the Site constitutes your agreement to all
such terms,
conditions and notices.
Trainer Liability Release Agreement
Trainer represents and warrants that he or she is an authorized agent and
representative of his
or her clients to which Trainer has legal authority and power to enter into this
waiver and
release agreement on behalf of such clients.
Trainer represents and warrants that he or she has required his or her clients
to review and
enter into the individual Liability Release Agreement located
here or Trainer's own form of Liability Release Agreement which is
no less
restrictive than the individual Liability Release Agreement form and releases
TrainerForce from
liability related to Trainer's programs.
Trainer accepts all risks associated with his or her clients’ TrainerForce
training program and
releases and forever discharges Ridge Point Ventures, Inc. d/b/a TrainerForce
and its respective
heirs, directors, officers, agents, employees, representatives, successors and
assigns,
administrators, executors, and all others (“RELEASEES”) from any and all
responsibilities or
liability from injuries or damages resulting from or connected with Trainer’s or
Trainer’s
clients’ participation in any of the TrainerForce exercise programs whether
arising from the
negligence of the RELEASEES or otherwise.
1. Trainer acknowledges and fully understands that his or her clients will be
engaging in
training activities that potentially involve the risk of serious injury or
possibly permanent
disability and death, and severe social and economic losses which might result
not only from
their own actions, inactions, or negligence, but the actions, inactions, or
negligence of others,
the condition of the premises or any equipment. Further, that there may be other
risks not known
or not reasonably foreseeable at this time.
2. Trainer further acknowledges and understands that TrainerForce and its
employees are not
licensed dieticians and that any nutritional information or guidelines provided
by TrainerForce
carries no warranty of any kind, express or implied, including but not limited
to warranties
regarding safety or suitability for a particular purpose.
3. Trainer, on behalf of his or her clients, hereby assumes full responsibility
for all the
foregoing risks, known and unknown, and accepts responsibility for the damages
following any
injury, permanent disability, or death.
4. Trainer shall indemnify and hold Releasees harmless from any and all claims
(including
reasonable defense costs and attorneys’ fees) arising out of any bodily injury
or death of any
person, or damage to any property, including Trainer’s clients, employees,
agents and contractors
to the extent caused by the negligence or willful misconduct of Trainer, its
employees,
contractors or agents.
5. Trainer acknowledges and understands that insurance coverage maintained by
TrainerForce
is excess coverage and begins after the exhaustion of all other insurance
coverage for which his
or her clients may be eligible, including but not limited to exhaustion of all
insurance coverage
provided by Trainer, Trainer’s company or Trainer’s workout facility.
6. Trainer shall carry and maintain such liability insurance as will protect
Trainer and
TrainerForce from claims under any workmen’s’ compensation acts and from any
other damages from
personal injury, including death, which may be sustained by Trainer’s workmen,
subcontractors or
any of their servants, agents, employees and clients, and the general public,
and from claims for
property damage which may be sustained by any of them, due to the negligence or
intentional
misconduct of Trainer or its servants, agents or employees.
7. Trainer hereby consents to allow Trainer’s and his or her clients’ name,
image, likeness
and/or voice to appear in publications, official documentaries, promotional
materials, and
advertisements, and any and all television, radio or film coverage of
TrainerForce in any manner
incidental to participation in the exercise program, without compensation.
This waiver and release agreement specifically embraces each and every event,
activity or
purchase sanctioned by said RELEASEES, and has the same effect as if executed
after each and
every sanctioned event, activity or purchase participated in so that the parties
herein intended
to be released shall be fully and effectively released as to each and every
sanctioned event,
activity or purchase.
TrainerForce cannot guarantee that its products or workouts will be safe,
effective or suitable
for everyone. For that reason, all such products and services, and the programs,
techniques and
materials embodied in such products and services, are offered without warranties
or guarantees of
any kind, express or implied, and TrainerForce disclaims any liability, loss or
damages that may
result from their use.
TrainerForce is owned and operated by Ridge Point Ventures Corporation.