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INFORMED CONSENT & LIABILITY WAIVER AGREEMENT

PerformanceEDU INC | In-Person & Online Training Programs

Client Name: ___________

_________________

Initials: ___________


By signing below, I acknowledge and agree to the following terms regarding my participation in physical training programs provided by PerformanceEDU INC (the "Company"), including in-person sessions, park-based training, and online app-based training via “TrueCoach.”

1. Assumption of Risk

I understand and accept that engaging in physical activity—whether at the facility, outdoors, or online—involves inherent risks including, but not limited to, muscle strain, bodily injury, illness (including COVID-19), or even death. I voluntarily choose to participate and assume full responsibility for any such risks.

This applies to all training conducted by PerformanceEDU INC trainers and independent contractors, including but not limited to:

  • Marc Digesti
  • Ryan Golec (Independent Contractor)
  • Rachel Koester (Independent Contractor)
  • Collin Laporte
  • Jason Martinelli
  • Josh Howard
  • Paul Fischer (Independent Contractor)
  • Erik Underwood (Independent Contractor)
  • Scott Underwood (Independent Contractor)
  • Kurt Hansen (Independent Contractor)

2. Independent Contractor Clause

I acknowledge that some individuals delivering training services through PerformanceEDU INC do so as independent contractors, not employees. I agree that this waiver and release of liability applies equally to independent contractors, and I release both the Company and the individual contractors from any and all liability or claims arising from participation in any training, activity, or use of facilities.

3. Health Responsibility

I understand the workouts are designed to improve physical fitness through progressive stress on my musculoskeletal and cardiovascular systems. I affirm that I am in good health and capable of participating. I take full responsibility for monitoring my physical condition throughout the training and will stop and seek medical attention if necessary.

4. Waiver & Release of Liability

I hereby release, waive, and discharge PerformanceEDU INC, its owners, trainers (including independent contractors), agents, and affiliates from any claims or liability for injury, loss, or damage resulting from negligence, equipment use or malfunction, slipping, or participation in any Company training or event.

This includes, but is not limited to:

  • Use or malfunction of equipment
  • Improper facility or equipment maintenance
  • Negligent instruction or supervision
  • Injuries on the premises, including parking lots and sidewalks

I agree to indemnify and hold harmless the Company and its contractors for any costs or claims related to my participation.

5. Severability & Governing Law

This waiver shall be governed by the laws of Nevada and/or California. If any portion is deemed unenforceable, the remainder shall remain valid.

6. Acknowledgment of Understanding

I have read, understood, and voluntarily agreed to this waiver, releasing PerformanceEDU INC and its trainers—including independent contractors—from any liability. I understand this is a legally binding document.

Scheduling & Fees (Personal Training)

Scheduling Policy:

I understand that the Company schedules all appointments monthly and that I must promptly communicate any changes.

Billing Process:

I agree to monthly pre-billing for services. If I choose to store my card on file, I authorize PerformanceEDU to auto-charge for future training packages.

Refund / Utilization / Termination:

I acknowledge that all sales are final 24 hours after purchase. Unless otherwise arranged, packages must be used within six weeks. Emergencies may be considered upon submission of a written explanation.

24-Hour Cancellation:

I agree to provide at least 24 hours' notice for appointment changes or cancellations. Failure to do so will result in full charge for the missed session.

Initials: ___________



First Clients Name
First Name*
Middle Name
Last Name*
Phone*
Select Gender
First Clients Date of Birth*
Date of Birth
First Clients How Did you Hear about Performance EDU?
Click to customize text box label *
First Clients Signature*
Second Clients Name
First Name*
Middle Name
Last Name*
Phone*
Select Gender
Clients Date of Birth*
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*
Select Gender
Clients Date of Birth*
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*
Select Gender
Clients Date of Birth*
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*
Select Gender
Clients Date of Birth*
Date of Birth
Fifth Clients How Did you Hear about Performance EDU?
Click to customize text box label *
Sixth Clients Name
First Name*
Middle Name
Last Name*
Phone*
Select Gender
Clients Date of Birth*
Date of Birth
Sixth Clients How Did you Hear about Performance EDU?
Click to customize text box label *
Seventh Clients Name
First Name*
Middle Name
Last Name*
Phone*
Select Gender
Clients Date of Birth*
Date of Birth
Seventh Clients How Did you Hear about Performance EDU?
Click to customize text box label *
Eighth Clients Name
First Name*
Middle Name
Last Name*
Phone*
Select Gender
Clients Date of Birth*
Date of Birth
Eighth Clients How Did you Hear about Performance EDU?
Click to customize text box label *
Ninth Clients Name
First Name*
Middle Name
Last Name*
Phone*
Select Gender
Clients Date of Birth*
Date of Birth
Ninth Clients How Did you Hear about Performance EDU?
Click to customize text box label *
Tenth Clients Name
First Name*
Middle Name
Last Name*
Phone*
Select Gender
Clients Date of Birth*
Date of Birth
Tenth Clients How Did you Hear about Performance EDU?
Click to customize text box label *
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
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*
Select Gender
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's How Did you Hear about Performance EDU?
Click to customize text box label *
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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