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
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,
notices contained herein. Your use of the Site constitutes your agreement to all
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.