Embodied Fitness and Somatics LLC
Training, Movement, and Somatic Experiencing Agreement and Waiver of Liability
In consideration of the risk of injury while participating in Training, Movement, and/or Somatic Experiencing (hereafter referred to in all combination as the “Activity”), including any combination of these activities, and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representative, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims, or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Embodied Fitness and Somatics LLC (hereafter referred to as “the Company”), based out of Glendale, California, and also operating in Los Angeles, California, and online, and Emily Decker (hereafter referred to as “Coach”), their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical loss, or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity, and including any harm that may befall me as a result of using equipment that I provide or that is provided to me.
I am voluntarily participating in the aforementioned Activity, and I am participating in the Activity entirely at my own risk.
I attest that I have been cleared by a medical professional to participate in this movement program.
I understand that it is my responsibility to keep the Company and my Coach apprised of all new physical conditions that may arise during my time participating in the Activity. I understand that my Coach is not a doctor and cannot medically clear me for training, and cannot medically clear me for continued training after the onset of any new conditions. I take full responsibility for my own health in the event that I choose to continue with the movement program after the onset of any new condition.
I am aware of the risks associated with this Activity, including travel to and from this Activity and participating in this activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability including paralysis, economic or emotional loss, and death. I understand that these outcomes may arise from my own or others’ negligence, conditions related to travel, equipment (including mine, my Coach’s, or a gym’s), or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity, including travel to or from this Activity by any form of transportation.
I agree to indemnify and hold harmless my Coach and the Company against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation, or otherwise, brought by me or anyone on my behalf, including attorney’s fees, and any related costs, if litigation arises pursuant to any claims made by me or anyone else acting on my behalf.
I acknowledge that this Activity may involve a test of a person’s physical and mental limits and may carry risks included, but not limited to, those caused by terrain, equipment, facilities, temperature, weather, lack of hydration, vehicular traffic, and actions of other parties, including but not limited to participants, volunteers, spectators, staff, and coaches.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred.
In the event that any damage to equipment or facilities — including my own equipment or facilities, my Coach’s equipment or facilities, or any gym’s equipment or facilities — occurs as a result of my or my family’s, tenant’s, or roommate’s willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated for repair or replacement, as deemed appropriate by the owner of the equipment or facility.
If, due to my, my family’s, my tenant’s, or my roommate’s willful actions, recklessness, or negligence, the Coach is injured at a property I rent or own, I agree to be held financially responsible for all costs associated with the injury.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase, or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties.
I understand that this Activity is designed to augment my wellbeing and that I have the right to terminate the relationship at any point for any reason, including a perceived lack of benefit from this service.
I understand that the use of technology is not always secure, and I accept the risks of confidentiality in the use of email, text, phone, Zoom, FaceTime, Instagram, Notes, and other technology. I understand that my trainer may ask me to write a testimonial about this service for use in promotional materials, and that I have a right to decline to do so.
I acknowledge that I have carefully read this Waiver of Liability and fully understand that it is a release of liability. This agreement is entered into willfully by me, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength.
I understand that any Somatic Experiencing and/or life coaching with Embodied Fitness and Somatics LLC is not a substitute for professional therapy or mental healthcare and is not intended to diagnose, treat, or cure any mental health or medical conditions, including eating disorders, body dysmorphia, post-traumatic stress disorder, depersonalization, or any other condition. I understand that Emily Decker is a Somatic Experiencing trainee and has not yet completed the Somatic Experiencing program. I understand that life coaching is an unregulated industry, and that my coach retains no applicable license in this profession. I acknowledge that I am solely responsible for my physical and psychological wellbeing, and I agree to hold Emily Decker and Embodied Fitness and Somatics LLC harmless for any psychological, emotional or physical distress, pain, injury, or damage of any kind, including, but not limited to, physical, emotional, and financial, that may arise as a result of this professional relationship. I understand the Company recommends that I speak with a licensed therapist or dietitian if I believe that service is needed.
I understand that if I do not give 24-hour notice in cancelling or rescheduling a session, I am expected to pay in full for that session. If I have paid for a 4-week membership, that credit will be deducted from my sessions. An exception is made in the first instance of a late-cancel, as long as I have canceled before the session begins.
The following applies to 4-week memberships:
I understand that I have up to five weeks to complete my sessions unless otherwise agreed upon with my trainer and adjusting for any cancelations on my trainer’s part. I understand that my trainer is setting aside a specific day and time for me each week and will attempt to accommodate rescheduling needs but cannot guarantee the ability to reschedule multiple sessions within that five-week time frame. I understand that after five weeks, unless otherwise agreed upon, my session credits will expire.