Health Commitment Statement and Liability Waiver
***Please read this carefully before continuing***
Sleven Fitness Health Commitment Statement.
Your health is your responsibility. The management and staff of Sleven Fitness are dedicated to helping you take every opportunity to enjoy the facilities that we offer. With this in mind, we have carefully considered what we can reasonably expect of each other.
OUR COMMITMENT TO YOU
1. We will respect your personal decisions, and allow you to make your own decisions about what exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities.
2. We will make every reasonable effort to ensure that our equipment and facilities are in a safe condition for you to use and enjoy.
3. We will take reasonable steps to make sure that our staff are qualified to appropriate fitness industry standards.
4. If you tell us that you have a disability which puts you at a substantial disadvantage in accessing our equipment and facilities, we will consider what adjustments, if any, are reasonable for us to make.
YOUR COMMITMENT TO US
1. You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with you exercising safely, before you use our equipment and facilities you should get advice from a relevant medical
professional and follow that advice.
2. You should make yourself aware of any rules and instructions, including warning notices. Exercise carries its own risks. You should not carry out any activities which you have been told are not suitable for you.
3. You should let us know immediately if you feel ill when using our equipment or facilities. Our staff members are not qualified doctors, but there will be a person available who has had first-aid training.
4. If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.
This statement is for guidance only. It is not a legally binding agreement between you and us and does not create any obligations which you or we must meet.
LIABILITY WAIVER
Because physical exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity.
You (each client, guest, and all participating family members) agree that if you engage in any physical exercise or activity, or use any gym amenity on the premises or off premises, you do so entirely at your own risk. Any recommendation for changes in diet, including the use of food supplements are entirely your responsibility, and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property.
This waiver and release of liability includes, without limitation, all injuries which may occur as a result of:
1. Your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction.
2. The sudden and unforeseen malfunctioning of any equipment.
3. Our instruction, training, supervision, or dietary recommendations.
4. Your slipping and/or falling while in the building, or on the premises, including adjacent footpaths and parking areas.
You acknowledge that despite all the precautions that you, other members, and/or Sleven Fitness may take, we cannot guarantee your health or safety, and you may still be exposed to COVID-19, including through interactions with other individuals who have COVID-19.
By signing this release and gaining access to the facility, you, on behalf of yourself, your heirs, beneficiaries, representatives, successors and assigns: (1) voluntarily assume all risks associated with any exposure to COVID-19, including, but not limited to suffering any type of medical condition, illness and, potentially, death; and (2) knowingly and voluntarily waive, release, covenant not to sue, forever discharge, indemnify, and hold harmless Sleven Fitness, its parents and subsidiaries and their respective officers, directors, employees, contractors, agents, representatives, successors and assigns (“Released Parties”) from any and all liability, damages, losses, suits, demands, causes of action to the fullest extent permitted by the laws of this state, or any other claims of any nature whatsoever, arising out of or relating in any way to your use of the facility and your potential exposure to COVID-19.
You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge the gym, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against
the gym for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the facility, its agents, and employees.
If any portion of this release from liability shall be deemed by a court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect, and only the offending provision or provisions shall be severed.
By signing this release, I acknowledge that I understand its content and that this release cannot be modified orally.
If I am the parent or guardian registering for my child or dependent under 18 years of age, I give my consent to this waiver on their behalf.
SLEVEN FITNESS LIMITED
TERMS AND CONDITIONS FOR PERSONAL TRAINER HIRE OF GYM
1. MAIN TERMS
1.1 The following terms and conditions shall apply to any use of the Gym by a Personal Trainer for the purpose of providing Personal Training Services.
2. DEFINITIONS
Gym: Railway Arches 78-79 Albert Embankment, London SE1 7TP
Sleven Fitness: Sleven Fitness Limited
Personal Training Services: The provision by the Personal Trainer of coaching, instruction and training of strength and fitness related activities, including weightlifting, powerlifting, gymnastics and other related disciplines to individual clients or to a small groups of clients.
Client: An individual who receives Personal Training Services
3. BASIS OF GYM USE
3.1 Use of the Gym by the Personal Trainer for the provision of Personal Training Services is not intended to create any partnership, employment or tenancy relationship between Sleven Fitness and the Personal Trainer.
3.2 The Personal Trainer acknowledges that he/she is engaged in the provision of the Personal Training Services solely on his/her account and not for or on behalf of or in partnership with Sleven Fitness.
4. PERSONAL TRAINER’S UNDERTAKINGS
4.1 The Personal Trainer undertakes as follows:
(a) That he/she holds appropriate public liability and professional liability insurance in respect of the Personal Training Services.
(b) That he/she holds appropriate and up-to-date qualifications to offer and to provide the Personal Training Services.
(c) That he/she will not hold out, advertise or imply that the Personal Training Services are to be, or are being, provided by or for Sleven Fitness and will not use the name or branding of Sleven Fitness without the consent of Sleven Fitness.
(d) That he/she will not, without express consent, solicit or entice members of Sleven Fitness.
(f) That he/she obtains a PAR-Q from any Client and will take reasonable steps to ensure that any Client receiving Personal Training Services has no medical condition which might interfere with their ability to exercise safely and, in the event that there are any such concerns, ensure that the Client seeks appropriate medical advice before proceeding.
(g) That he/she will ensure that the Client enters into a waiver and liability release, substantially in the form of the document attached in Schedule 1, with Sleven Fitness prior to undertaking Personal Training Services.
(h) That he/she will not conduct Personal Training Services without prior booking and payment.
(i) That he/she will ensure that any equipment used during the course of the Personal Training Services is put away and that any part of the Gym used is left in a clean and tidy state.
5. NON-EXCLUSIVE USE
5.1 The Personal Trainer acknowledges that the arrangements provided for under the terms of this Agreement are non-exclusive, unless prior agreement to the contrary has been given by Sleven Fitness, and that other activities may be conducted at the same time that he/she is providing Personal Training Services.
5.2 Sleven Fitness undertakes to take reasonable steps to ensure that the Personal Trainer has access to the reasonable space and equipment required to provide the Personal Training Services.
6. BOOKINGS, PAYMENTS AND CANCELLATION
6.1 All bookings and payments will be made through WODBoard, or such other booking and payment system which Sleven Fitness may specify from time to time.
6.2 The payment for any booking will be made at the time that the booking is made and shall be in advance of the provision of the Personal Training Services.
6.3 No refund will be made in respect of any cancellation within 12 hours of the Gym booking.
6.4 No refund will be made in respect of any pack of multiple Gym use sessions.
7. WAIVER AND RELEASE OF LIABILITY
7.1 Neither Sleven Fitness nor any director, officer, employee or associate of Sleven Fitness shall be liable for any injury however caused to the Personal Trainer or to a Client which may be incurred during the provision of Personal Training Services.
7.2 This waiver and release of liability includes, without limitation, all injuries to the Personal Trainer or to a Client which may occur as a result of:
(a) The Personal Trainer’s use of any amenities and equipment in the Gym.
(b) The sudden and unforeseen malfunctioning of any equipment in the Gym.
(c) The Personal Trainer’s instruction, training, supervision or dietary recommendations.
(d) The Personal Trainer or a Client slipping or falling while in the Gym, including on an adjacent footpath or parking area.
7.3 The Personal Trainer expressly agrees to release and discharge Sleven Fitness, and its agents, officers, employees, successors or assigns, from any and all claims or causes of action and agrees to voluntarily give up or waive any right that he/she may otherwise have to bring a legal action against Sleven Fitness for personal injury, property damage or for damages or compensation incurred in relation to any injury or damage suffered by a Client.
7.4 To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Sleven Fitness, its agents, officers and employees.
7.5 If any portion of this release from liability shall be deemed by a court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect, and only the offending provision or provisions shall be severed.
7.6 The Personal Trainer acknowledges that this release cannot be modified orally.
7.7 You acknowledge that despite all the precautions that you, your client(s), and/or Sleven Fitness may take, we cannot guarantee your health or safety, and you may still be exposed to COVID-19, including through interactions with other individuals who have COVID-19. By signing this release and gaining access to the facility, you, on behalf of yourself, your heirs, beneficiaries, representatives, successors and assigns:
(a) voluntarily assume all risks associated with any exposure to COVID-19, including, but not limited to suffering any type of medical condition, illness and, potentially, death; and
(b) knowingly and voluntarily waive, release, covenant not to sue, forever discharge, indemnify, and hold harmless Sleven Fitness, its parents and subsidiaries and their respective officers, directors, employees, contractors, agents, representatives, successors and assigns (“Released Parties”) from any and all liability, damages, losses, suits, demands, causes of action to the fullest extent permitted by the laws of this state, or any other claims of any nature whatsoever, arising out of or relating in any way to your use of the facility and your potential exposure to COVID-19.
8. ACKNOWLEDGEMENT
8.1 You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge the gym, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the gym for personal injury or property damage.
8.2 To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the facility, its agents, and employees.
8.3 If any portion of this release from liability shall be deemed by a court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect, and only the offending provision or provisions shall be severed.
By signing this release, I acknowledge that I understand its content and that this release cannot be modified orally.
