ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

DECLARATIONS: This Agreement is entered into between the Coach Gus Martin and the undersigned (“Client”). The provision of coaching and personal training services by the Coach Gus Martin to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.

ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training/coaching, or enter our premises used for training or use any facility or equipment on our retreat premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by the Coach Gus Martin or otherwise, including injuries or damages arising out of the negligence of the Coach Gus Martin, whether active or passive, or any of the Coach Gus Martin affiliates, employees, agents, representatives, successors, and assigns.

Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), exercise areas, studios, sports fields, courts, or other areas, trails, road, pavements, parking lots, stairs, pools, or other general areas of any facilities, or any equipment.

You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, ball games, yoga, or any other sporting or recreational endeavour.

You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of the Coach Gus Martin or otherwise.

RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge the Coach Gus Martin (and the Coach Gus Martin affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of the Coach Gus Martin, whether active or passive, or any of the Coach Gus Martin affiliates, employees, agents, representatives, successors, and assigns.

This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from the Coach Gus Martin or anyone else’s negligent inspection or maintenance of the facility or premises.

INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless the Coach Gus Martin from any loss, liability, damage, or cost the Coach Gus Martin may incur due to the provision of coaching and personal training by the Coach Gus Martin to you.

ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

You acknowledge that the Coach Gus Martin offers a service to clients encompassing the entire recreational and/or fitness spectrum. Coach Gus Martin is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by the Coach Gus Martin.

You acknowledge and agree that the Coach Gus Martin does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement.

You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against the Coach Gus Martin for the Coach Gus Martin negligence, or for any defective product used while receiving coaching and personal training from the Coach Gus Martin. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

DISCLAIMER AND WAIVER OF LIABILITY - NOT MEDICAL ADVICE

The information provided by the Coach Gus Martin is for informational purposes only and does not provide any medical advice. The information is not intended to diagnose, treat, cure or prevent any disease.

The information provided by Coach Gus Martin is for use by healthy adult individuals. All individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss, exercise or nutrition programme.

Use of any information provided by Coach Gus Martin is at your own risk. Coach Gus Martin do not accept any responsibility or liability for damages of any kind from any actions you take from the information provided.