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INFORMED CONSENT FOR EXERCISE PARTICIPATION (AT PERFORMANCE EDU and ONLINE TRAINING & LIABILITY WAIVER:

I, (“Client”)


 am aware that I am engaging in physical exercise and that the use of exercise equipment, the training program supplied by PERFORMANCEDU INC. (the “Company”), Marc Digesti (trainer), Ryan Golec (trainer), Rachel Koester (trainer), Collin Laporte (trainer), Kurt Hansen (trainer) Scott Underwood (trainer) Erik Underwood (trainer), Sarah King (massage therapist), the facility in which I train, and the park in which I train, or the app-based online program could cause injury to me. I am voluntarily participating in and accept all risks associated with these activities "online APP TrueCoach" and at these facilities, and I assume all risks of injury to myself that might result, including the risk of death. I accept all risk and liability if I get sick from the c-19 (covid-19) virus while training at PERFORMANCEDU INC. 

I understand that the physical training activities are designed to gradually increase the workload on the cardiorespiratory and musculoskeletal systems to improve my fitness. Certain risks are associated with such training programs, and specific physical changes may occur during or following the exercise. I understand that I am responsible for monitoring my condition before, during, and after the training program, and should any unusual symptoms occur, I will cease my participation immediately and inform and consult a qualified medical professional.  

I agree to waive any claims or rights I might otherwise have to sue the Company, its members, managers, owners, affiliates, officers, agents, employees, representatives, successors, and assigns for any loss, claim, injury, damage, or liability sustained or incurred by me as a result of these activities. I have carefully read this waiver, which states that I assume all risks of injury, including death. I am advised to be sufficiently physically fit for exercise activities and have consulted a physician before undertaking a physical exercise program.

I agree that if I engage in any physical exercise or activity or use any Company apparatus at the training facility, I do so at my own risk and assume the risk of any injury and/or damage while engaging in any physical exercise or activity or use of any Company training program or apparatus. My assumption of risk includes, without limitation, my use of any exercise equipment (mechanical or otherwise), sidewalk, parking lot, stairs, lobby area, or any equipment in or around the training facility. I agree to assume the risk in participating in any activity, class, program, instruction, or Company-sponsored event. I agree that I am voluntarily participating in the activities above. I use Company’s training program, individual training apparatus, and training facility. I assume all risk of injury, illness, damage, or loss to me or my property that might result, including, without limitation, any loss or theft of any personal property. I agree on behalf of myself (and all my representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Company (and its managers, members, owners, affiliates, employees, agents, representatives, successors, and assigns) from any claims or causes of action (known and unknown) arising out of the negligence the Company, whether active or passive or any of its members, managers, owners, affiliates, employees, agents, representative successors and assigns. 

This waiver and release of liability include, without limitation, injuries that may occur as a result of (a) my use of any exercise equipment or facilities which may malfunction or break, (b) the Company’s improper maintenance of any exercise equipment or facilities, (c) Company’s negligent instruction or supervision, including personal training, and (d) my slipping and falling while on the facility or any portion of the premises for any reason, including Company’s negligent inspection or maintenance of its facility. By execution of this agreement, I hereby agree to indemnify and hold harmless the Company from any loss, liability, damage or cost the Company may incur due to my affiliation with the Company and my participation as a client of the Company.  

I further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by Nevada and/or California 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. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY AND EXPRESSES THE ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. I FURTHER ACKNOWLEDGE THAT I HAVE BEEN ALLOWED TO REVIEW THIS WAIVER AND RELEASE IT WITH LEGAL COUNSEL AND HAVE ADVISED TO DO SO. I AM AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, I AM GIVING UP MY RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST THE COMPANY FOR ITS NEGLIGENCE OR FOR ANY DEFECTIVE PRODUCTION ON ITS PREMISES; I HAVE READ AND VOLUNTARILY SIGNED THIS WAIVER AND RELEASE AND FURTHER AGREE THAT NO 

ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.


Scheduling & Fees (Personal Training):

Scheduling Policy. The Client understands that the Consultant schedules all appointments every month. Therefore, the Client will notify the Consultant of any schedule changes immediately.

Billing Process. I, the Client, understand that I will be pre-billed monthly by the Consultant for services rendered. Invoices will be delivered via e-mail and/or debited from the credit card on file with the client's acknowledgment.  If the client decides to have the consultant place the client's Credit Card on file for monthly reoccurring payments, the client will allow PerformancEDU to charge their Credit Card on file for future training packages.

Refund/Utilization Policy and Termination Agreement. The Client understands that all payments will not be refunded 24 hours after purchase, and the package appointments will be used within six weeks unless said otherwise by PerformancEDU. If there is an emergency, the client will write a letter describing the circumstances. 

24-Hour Cancellation Policy. I, the Client, agree to give the Consultant a minimum of 24 hours' notice of necessary rescheduling of an appointment. I understand that I will be responsible for full payment of services if I fail to give the minimum 24-hour notice of cancellation.


Cancellations (Online Training/APP Training ONLY):

I acknowledge my App-Based Online Training is not transferable. I acknowledge that this Online Training agreement is automatically renewed on a month-to-month basis, processed monthly on the join date.

The undersigned may CANCEL this agreement at any time. There will be a non-refundable fee of $100 for any cancellation, EXCEPT if the undersigned has moved more than 30 miles from EDU (with proof of move); if medical disability/injury (with medical excuse form signed by a doctor) prohibits the use of the facility; or if a member transfers to another EDU program. In such cases, the $100 cancellation fee shall be waived by EDU.

I understand a cancellation request must be submitted in writing to PERFORMANCEDU INC, no later than fifteen (20) days before processing the next month’s payment.

Cancellation requests can be sent by registered mail to: via email to info@performancedu.com. Any cancellation requests received in less than 20 days are not guaranteed, meaning the client will be responsible for that month’s class fees plus the cancellation fee.


Initials: __________ 


 


 

 





First Clients Name

First Name*

Middle Name

Last Name*

Phone*
First Clients Date of Birth*
First Clients How Did you Hear about Performance EDU?

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First Clients Signature*
Second Clients Name

First Name*

Middle Name

Last Name*

Phone*
Second Clients Date of Birth*
Second Clients How Did you Hear about Performance EDU?

Click to customize text box label *
Third Clients Name

First Name*

Middle Name

Last Name*

Phone*
Third Clients Date of Birth*
Third Clients How Did you Hear about Performance EDU?

Click to customize text box label *
Fourth Clients Name

First Name*

Middle Name

Last Name*

Phone*
Fourth Clients Date of Birth*
Fourth Clients How Did you Hear about Performance EDU?

Click to customize text box label *
Fifth Clients Name

First Name*

Middle Name

Last Name*

Phone*
Fifth Clients Date of Birth*
Fifth Clients How Did you Hear about Performance EDU?

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Sixth Clients Name

First Name*

Middle Name

Last Name*

Phone*
Sixth Clients Date of Birth*
Sixth Clients How Did you Hear about Performance EDU?

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Seventh Clients Name

First Name*

Middle Name

Last Name*

Phone*
Seventh Clients Date of Birth*
Seventh Clients How Did you Hear about Performance EDU?

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Eighth Clients Name

First Name*

Middle Name

Last Name*

Phone*
Eighth Clients Date of Birth*
Eighth Clients How Did you Hear about Performance EDU?

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Ninth Clients Name

First Name*

Middle Name

Last Name*

Phone*
Ninth Clients Date of Birth*
Ninth Clients How Did you Hear about Performance EDU?

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Tenth Clients Name

First Name*

Middle Name

Last Name*

Phone*
Tenth Clients Date of Birth*
Tenth Clients How Did you Hear about Performance EDU?

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Parent or Guardian's Email Address

Email*

Confirm Email*
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Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's How Did you Hear about Performance EDU?

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Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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