Please read the following agreement carefully. By signing below, you acknowledge that you have read, understood, and agree to be bound by the terms of this waiver.
1. Description of Services
JawiFit Personal Training ("JawiFit"), operated by coaches Jade and Yun at 731 Independence Ave, Mountain View, CA 94043, provides personal training services including, but not limited to, strength training, cardiovascular conditioning, flexibility exercises, mobility work, and general fitness instruction (collectively, the "Services"). Training sessions may take place at the JawiFit studio, outdoors, or at any other location agreed upon by the parties.
2. Assumption of Risk
I acknowledge that participation in personal training and physical exercise involves inherent risks, including but not limited to: muscle strains, sprains, tears, fractures, joint injuries, cardiovascular events, dizziness, fainting, and in rare cases, serious injury or death. I understand that these risks cannot be entirely eliminated and may result from my own actions, the actions of others, the condition of the training environment, or equipment failure. I voluntarily assume full responsibility for all risks of injury, illness, or loss arising from my participation in the Services, whether or not caused by the negligence of JawiFit, its coaches, agents, or affiliates.
3. Release of Liability
In consideration of being permitted to participate in the Services, I hereby release, discharge, and hold harmless JawiFit, its owners (Jade and Yun), coaches, employees, agents, representatives, successors, and assigns (collectively, the "Released Parties") from any and all claims, demands, actions, causes of action, liabilities, damages, costs, and expenses (including attorney's fees) arising out of or in connection with my participation in the Services, including claims based on the negligence of the Released Parties. This release applies to personal injury, property damage, wrongful death, and any other loss, whether known or unknown, foreseen or unforeseen.
4. Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) brought by a third party and arising out of or related to my participation in the Services, my breach of this Agreement, or any negligent or wrongful act or omission on my part.
5. Waiver of Subrogation
I waive any right of subrogation that my insurance carrier(s) or any third-party payor may have against the Released Parties in connection with any claim, loss, or damage arising out of my participation in the Services.
6. Physical Condition and Medical Clearance
I represent and warrant that I am in adequate physical condition to participate in the Services and have no medical condition, injury, or disability that would prevent or limit my safe participation. I have consulted with a qualified physician prior to beginning any exercise program, or I voluntarily choose to participate without such consultation and accept full responsibility for doing so. I agree to promptly notify JawiFit of any changes to my health status, medical condition, or physical limitations.
6A. No Medical or Nutritional Advice
I understand that JawiFit coaches are not licensed physicians, dietitians, or medical professionals. Any information, guidance, or suggestions provided by JawiFit regarding nutrition, supplementation, or general wellness are for informational purposes only and do not constitute medical advice. I agree to consult a qualified healthcare professional before making any changes to my diet, medication, or health regimen based on information provided by JawiFit.
7. Insurance
I understand that JawiFit does not provide health, medical, or disability insurance coverage for participants. I acknowledge that I am solely responsible for maintaining my own health insurance and for any medical costs or expenses incurred as a result of my participation in the Services.
8. Waiver of Unknown Claims (California Civil Code §1542)
I acknowledge that I have been advised of, and hereby expressly waive, all rights and benefits under California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." I understand and acknowledge that this waiver applies to all unknown and unsuspected claims arising from or related to my participation in the Services.
9. Emergency Response
In the event of a medical emergency during my participation in the Services, I authorize JawiFit and its coaches to contact emergency medical services (911) and to administer basic first aid as deemed reasonably necessary. I agree to bear all costs associated with emergency medical treatment and transportation. I have provided accurate emergency contact information in this form and will update it as necessary.
10. Acknowledgement of Understanding
I acknowledge that I have carefully read this entire Agreement, that I fully understand its terms and conditions, and that I am signing it voluntarily and of my own free will. I understand that this Agreement constitutes a binding legal contract and that by signing it, I am giving up substantial legal rights, including the right to sue the Released Parties for injuries arising from their negligence.
11. Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Santa Clara County, California.
13. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to such subject matter.
14. Binding Effect
This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, personal representatives, successors, and assigns.
15. Photo and Video Release
I grant JawiFit and its coaches the irrevocable, perpetual, worldwide right and license to photograph, film, record, and otherwise capture my likeness, image, voice, and physical appearance during training sessions or related activities. I authorize JawiFit to use, reproduce, modify, distribute, display, and publish such media in any format and on any platform—including but not limited to social media, websites, marketing materials, and promotional content—without compensation, further notice, or approval. I waive any right to inspect or approve the finished product or the manner in which it is used.
16. Studio Rules and Etiquette
I understand that JawiFit operates within a private residence. I agree to: (a) arrive on time and depart promptly after sessions; (b) treat the space, equipment, and furnishings with care and respect; (c) keep noise levels reasonable at all times; (d) refrain from bringing unauthorized guests or pets; (e) remove outdoor footwear before entering the training area; (f) clean and return all equipment to its designated place after use; (g) follow all safety instructions provided by the coaches; and (h) respect the privacy of the residence and its occupants. Failure to comply with these rules may result in session termination or cancellation of training services at JawiFit's discretion.
17. Dispute Resolution & Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to this Agreement or the Services, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively through binding arbitration administered by JAMS in Santa Clara County, California, in accordance with its Streamlined Arbitration Rules. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and attorney's fees unless the arbitrator determines otherwise. The parties agree to waive any right to a jury trial or to participate in a class action with respect to any claims subject to this arbitration provision.
18. Waiver Validity Period
This Agreement is valid for a period of twelve (12) months from the date of signing. Upon expiration, a new waiver must be executed before continuing participation in the Services. JawiFit reserves the right to request a renewed waiver at any time if there has been a material change in the participant's health status or physical condition.
