Liability Waiver, Release, and Photo Consent
EVOLVE Flagstaff LLC, 824 W Route 66, Ste A1, Flagstaff, AZ 86001
READ CAREFULLY. Signing gives up legal rights, including the right to sue EVOLVE for injuries caused by ordinary negligence.
Exercise carries a risk of injury. This waiver explains those risks, your responsibilities, and the claims you agree to release. It applies to both in-person and online training.
1. Activities Covered
"EVOLVE" means EVOLVE Flagstaff LLC and its owners, employees, coaches, contractors, and volunteers.
This waiver covers all gym activities: EVOLVE Strong group classes, Foundations semi-private training, personal training, open gym (including unstaffed hours), outdoor training, and use of the facility, equipment, and grounds. It also covers the EVOLVE app, online memberships, virtual workouts, and any other EVOLVE program I follow independently, wherever I do it.
Physical therapy, dietitian, and acupuncture services use separate consent forms. Billing, cancellation, and membership policies are in separate documents.
2. Fitness Services Are Not Medical Care
Gym and online training are fitness services, even when a physical therapist or other clinician helps design or review a program. Participating does not create a patient relationship, and nothing in a program is a diagnosis, treatment, or medical advice. I am responsible for seeking appropriate medical care for injuries, pain, or medical conditions.
3. Risks
I understand that risks include:
- Strains, sprains, soreness, and joint, back, or other musculoskeletal injuries.
- Dropped weights, falls, slips, collisions, and equipment failure or misuse, including equipment I own or use at home or elsewhere.
- Heat illness, rhabdomyolysis (serious muscle breakdown), and other exertion-related illness.
- Heart attack, stroke, and other cardiovascular events.
- Added exertion at Flagstaff's altitude; outdoor terrain, weather, and traffic.
- Other participants' actions and coaching mistakes, including unsuitable exercises or misjudging my abilities or condition.
- Online or app programs that do not fit my abilities, injuries, or limitations.
- Delayed emergency help, especially during unstaffed or online training.
These examples are not a complete list. Injuries may cause permanent disability or death.
4. My Responsibilities
I will:
- For in-person training, I will tell my coach about injuries, pain, medical conditions, medications, pregnancy, or recent surgery that could affect training, and report changes.
- Consult my healthcare provider if I have an injury, medical condition, am pregnant or recently postpartum, had recent surgery, or am unsure whether exercise is safe for me.
- Stop if I experience pain, dizziness, chest pain, unusual shortness of breath, or feel unwell, and tell a coach or seek help.
- Choose exercises and effort within my abilities. I may modify or skip any exercise.
- Follow instructions and posted rules, use equipment as intended, and report damage.
- Avoid training while impaired, including by alcohol, drugs, or medication.
5. Training Without Supervision
Open gym may be unstaffed. App and online programs do not include live supervision, and unless my purchase says otherwise, they are general programs, not designed for my individual circumstances. No one at EVOLVE is monitoring how I perform them. A coach may not be available to instruct, spot, or help me in an emergency.
When training independently, I am responsible for choosing exercises and loads, training in a safe space with equipment in good condition, using safety equipment such as safety arms and collars, staying within my abilities, and calling 911 in an emergency.
6. Acceptance of Risk
I participate voluntarily and accept the known and unknown risks of these activities, including risks caused by EVOLVE's ordinary negligence.
7. Release of Liability
IN EXCHANGE FOR PARTICIPATING IN EVOLVE ACTIVITIES, USING THE FACILITY, AND ACCESSING ONLINE PROGRAMS, I RELEASE EVOLVE AND AGREE NOT TO SUE IT FOR INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE ARISING FROM THESE ACTIVITIES, FACILITY USE, OR MY USE OF ANY PROGRAM, INCLUDING CLAIMS CAUSED BY EVOLVE'S ORDINARY NEGLIGENCE.
This release does not cover gross negligence, intentional misconduct, or claims that Arizona law does not allow me to release. It applies to me, my heirs, my estate, and anyone bringing a claim on my behalf.
8. Harm I Cause
I am responsible for injury or property damage caused by my careless or intentional actions. If EVOLVE incurs costs because of those actions, I agree to reimburse those costs, including reasonable attorney fees.
9. Emergency Care
In person: I authorize EVOLVE to provide first aid and call emergency services if I am injured or ill. Staff providing first aid act as first responders, not as my healthcare providers. I am responsible for emergency care and transport costs.
Online: EVOLVE cannot respond to emergencies during online training. I will call 911.
10. Personal Belongings
EVOLVE is not responsible for lost, stolen, or damaged belongings, subject to the exceptions in Section 7.
11. Photos and Video
EVOLVE occasionally photographs or films classes, sessions, and events. We ask permission at the time, including permission to use images on our website, social media, and other marketing materials without payment. Signing this waiver does not give photo or video permission. Declining does not affect participation.
For participants under 18, we also obtain permission from a parent or legal guardian before using their images.
Permission for future use may be withdrawn by emailing evolvestrong@evolveflg.com. Materials already published may remain in use.
12. General Terms
This waiver covers my current and future activities with EVOLVE, in person and online, until I withdraw it in writing. Arizona law governs it, and disputes will be handled in the courts of Coconino County, Arizona. If a provision is unenforceable, it will apply to the extent allowed by law, and the remaining provisions still apply. Electronic and handwritten signatures have the same effect.
13. Participants Aged 16-17
Online memberships and EVOLVE Strong classes are for adults 18 and older, including when Strong classes are an included membership benefit.
EVOLVE may accept in-person participants aged 16-17 case by case. Participants must:
- Have a parent or legal guardian sign this waiver and the Client Agreement.
- Start with at least four personal training sessions.
- Obtain written approval from their personal trainer before attending Foundations or using open gym.
- Use open gym only with their parent or guardian after approval.