Terms and Agreement
I (the client) hereby acknowledge that the following was explained to me and/or agree to the following:
Coaching Host: Erica Hoese and any colleagues, co-workers, affiliates of Hoese Enterprises and XO-Erica Hoese.
READ CAREFULLY BEFORE CONTINUING: This is an important legal document. It explains the risks you are assuming by participation in the Coaching. It is critical that you read and understand it completely.
DISCLAIMER: You should always consult with your Doctor before beginning any type of exercise or physical activity.
DISCLAIMER: Do NOT share passwords or any media from this coaching. Doing so is theft and will be treated as such including removal from program with no refund.
I am aware that there are potentially significant risks involved with my participation in any physical activity or fitness program, including the Coaching. I understand that these risks include, but are not limited to, musculoskeletal injury, heart problems, shortness of breath, dizziness, exhaustion, dehydration, and even death, and I knowingly and freely accept these risks. I understand that the Coaching Host recommends that I consult with a physician before commencing any exercise program and I have been given the opportunity to do so prior to participating in the Coaching. If I have chosen not to consult a physician prior to starting the Coaching, I fully accept the risks involved in this decision. At no time has a physician or any other person advised me that I should not participate in physical activity.
I hereby affirm that, to the best of my knowledge, I am in good physical condition and do not suffer from any mental or physical disability or condition that would prevent or limit my participation in the Coaching and have not withheld any related information from the Coaching Host.
I acknowledge that if my health changes, it is my responsibility to recognize the change and seek medical advice.
I understand and agree that it is my responsibility to inform the Coaching Host of any conditions or changes in my health, now and ongoing, which might affect my ability to exercise safely and with minimal risk of injury.
I understand that should I feel light headed, faint, dizzy, and nauseated or experience pain/discomfort that I am to stop the activity and inform the Coaching Host.
I understand that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during the Coaching.
I acknowledge and understand that the results of any fitness program or life coaching cannot be guaranteed and no warranties have been made regarding the results I will achieve from the Coaching.
I acknowledge and agree that the Coaching Host has made no warranties or representations to me regarding the results I will achieve from the Coaching. I understand that results are individual and may vary.
I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Coaching.
I knowingly, voluntarily, and expressly waive any claim I may have against the Coaching Host for any injury or damages that I may sustain as a result of participating in the Coaching.
I irrevocably grant to Coaching Host the non-exclusive right in perpetuity throughout the universe, in all media, whether now known or hereafter devised, to photograph, reproduce and/or otherwise use my name, voice and physical likeness from my participation in the Coaching. I represent and warrant that consent by any other person, firm, corporation or labor organization is not required to enable Coaching Host to use my name and/or likeness as described herein and that such use will not violate the rights of any third parties.
I acknowledge that the Coaching Host shall have no duty, obligation or liability arising out of the provision of, or failure to provide, medical treatment.
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby irrevocably and unconditionally release and forever discharge the Coaching Host, and its affiliates, successors, assigns, shareholders, officers, directors, employees, personal trainers and legal representatives from all manner of actions, causes of action, suits, demands, debts, accounts, covenants, contracts, and damages which may be suffered by me, now or in the future, in connection with my participation in the Coaching.
I hereby agree to hold harmless Coaching Host, its respective representatives, executors, agents, and assigns from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected to my participation in the Coaching, or any and all acts or omissions, including negligence by the Coaching Host.
I acknowledge that the trainer is not a physician, and is not trained in any way to provide medical diagnosis, medical treatment, psychotherapy, or any other type of medical advice.
I acknowledge that fitness training is another tool for teaching individuals about themselves, but the trainer does not guarantee neither good nor bad will occur, nor guarantees the coaching advice given by the trainer will produce good nor bad results.
I acknowledge that the trainer may suggest exercise as part of the client’s fitness program/lifestyle management. I (client) further understand that swimming, cycling, in-line skating, triathlon, skiing, weight training, aerobic classes, martial arts, kick boxing, kung-fu, and any other related sports are an extreme test of one’s mental and physical limits, and carry with it the potential for damage or loss of property, serious injury and death. That the client assumes the risks of participating in these types of events/activities, that they are fit, and they have a regular medical physician they can contact regarding any medical problems they may develop. The client expressly waive, release, discharge, and agree not to sue the trainer or company for any liability of death, disability, personal injury, or action of any kind regarding the participation in the fitness programs, the said sporting events and/or training for said sporting/fitness activities.
I understand that Coaching Host is not and does not claim to be any form of medical professional or provide medical intervention.
I agree to indemnify Coaching Host from and against all claims, damages or expenses resulting from any breach of the above-stated representations and warranties.
This Informed Consent and Liability Waiver Release for Participation shall be governed by the laws of the State of Minnesota.
I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. BY USING THIS SITE AND/OR BY SIGNING, I AM WAIVING ANY RIGHT I OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST THE COACHING HOST, ITS RESPECTIVE REPRESENTATIVES, EXECUTORS, AND/OR ASSIGNS.
I agree that this is the full agreement between the parties, that the trainer nor anyone else has verbally contradicted any of these terms of this release and that the undersign has entered into this agreement free and voluntarily without force or coercion.
I certify and represent that I am over the age of eighteen (18), have read the foregoing and fully understand the meaning and effect thereof, and, with the intent of being legally bound, use this and any site created by Coaching Host in agreeance to these terms and agreement.