Legal
Fitness Participation, Assumption of Risk & Release
DRAFT — NOT IN EFFECT. Adapted for TRAINCND from an attorney-reviewed text and awaiting counsel's review [ATTORNEY REVIEW REQUIRED]. Brackets mark facts to confirm [CONFIRM].
1. Voluntary Participation
I understand that my participation in exercise, strength training, fitness programming, and related activities through TRAINCND is voluntary. I choose whether, when, where, and how to perform physical activity.
2. Risks
I understand that exercise and strength training involve inherent and other risks. These may include muscle soreness; strains and sprains; falls; injuries to muscles, tendons, ligaments, joints, bones, nerves, or the spine; equipment failure or misuse; aggravation of known or unknown conditions; cardiovascular events; and, in rare circumstances, catastrophic injury or death.
I understand that online programming and coaching cannot eliminate these risks and that TRAINCND is not, and my gym may not be, physically present to inspect my environment, equipment, technique, or condition while I train.
3. My Responsibilities
I agree to use reasonable judgment; train within my abilities; use safe equipment and surroundings; follow equipment instructions; stop if I experience pain, injury, concerning symptoms, or unsafe conditions; and seek appropriate professional care when needed. I will not intentionally conceal information that I know would materially affect safe participation.
4. Assumption of Risk
To the fullest extent permitted by law, I knowingly and voluntarily assume the inherent and reasonably foreseeable risks associated with my participation in physical exercise and use of fitness programming, including risks arising from my own choices, environment, equipment, or failure to follow instructions.
5. Release of Claims
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I RELEASE AND DISCHARGE JR STRENGTH AND FITNESS LLC, DOING BUSINESS AS TRAINCND, AND ITS OWNERS, EMPLOYEES, CONTRACTORS, COACHES, AND AGENTS FROM CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, OR LOSS ARISING FROM THE ORDINARY RISKS OF MY VOLUNTARY PARTICIPATION AND, ONLY TO THE EXTENT A RELEASE OF ORDINARY NEGLIGENCE IS LAWFUL AND ENFORCEABLE IN THE APPLICABLE JURISDICTION, FROM CLAIMS ARISING FROM ORDINARY NEGLIGENCE RELATED TO THE FITNESS SERVICES.
THIS PROPOSED RELEASE DOES NOT PURPORT TO RELEASE GROSS NEGLIGENCE, RECKLESSNESS, INTENTIONAL MISCONDUCT, OR ANY LIABILITY THAT CANNOT LAWFULLY BE WAIVED.
6. No Medical Clearance
I understand that my gym's acceptance of me as an athlete, and my access to the app, do not mean I have been medically cleared to exercise. I am responsible for obtaining medical advice or clearance when appropriate.
7. Electronic Acknowledgment
By checking the acceptance box and continuing, I acknowledge that I have read and understood this document, had the opportunity to ask questions or seek independent advice, and voluntarily agree to it.
8. Contact
JR Strength and Fitness LLC, doing business as TRAINCND
5441 S Macadam Ave, Suite 6590, Portland, Oregon 97239
[CONFIRM: legal contact email]