Posted: March 12th, 2023

waiver

i have included 2 examples of what it should look like:

Draft a waiver for your client, a large health club that is going to incorporate a specialized weight-training program for its adult (18  years old and up) members. The waiver should be no more than two pages single-space

WAIVER AND RELEASE OF LIABILITY

I agree and acknowledge that voluntarily participating in the Specialized Weight-Training may
involve inherent danger and risk, including the danger and risk of: (i) PHYSICAL INJURY
AND/OR DEATH including minor injuries and major injuries such as joint and back injuries,
broken bones, concussions, rhabdomyolysis, musculoskeletal injuries, cardiovascular injuries,
heart attack, stroke, brain injury and injury to my fetus (if pregnant); (ii) exposure to, and
sickness from, infectious viruses, bacteria and disease, including but not limited to, COVID-19;
and (iii) property damage. I also understand that the use of alcohol and/or drugs may increase or
exacerbate these risks and dangers. I understand and agree that neither my actions, nor the
actions of any other person, can necessarily be controlled, and that my safety and health cannot
be guaranteed while participating in or observing the Specialized Weight-Training and related
activities or visiting the Large Health Club. By signing this Agreement, I freely accept and fully
assume responsibility for all such dangers and risks and the possibility of personal injury, death,
property damage or loss resulting therefrom.

Understanding, acknowledging and agreeing to all the risks and hazards involved with the
Specialized Weight-Training, I freely and voluntarily choose to participate in the Specialized
Weight-Training, travel to, enter and use the Large Health Club, and I HEREBY
VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF
LOSS, DAMAGES, THEFT, INJURY OR DEATH THAT MAY OCCUR TO ME OR MY
PROPERTY AS A RESULT OF OR INCIDENT TO MY PARTICIPATION IN THE
SPECIALIZED WEIGHT-TRAINING, INCLUDING THE RISK I MAY BE INJURED BY
THE ACTIONS, OMISSIONS, REPRESENTATIONS OR NEGLIGENCE OF THE
RELEASED PARTIES, OTHER PARTICIPANTS OR THIRD PARTIES WHILE
PARTICIPATING IN THE SPECIALIZED WEIGHT-TRAINING OR VISITING, TRAVELING
TO OR FROM OR USING OR VISITING THE LARGE HEALTH CLUB. I understand and
agree that by agreeing to this Agreement, I am assuming full responsibility for any and all risk of
death, serious personal injury, temporary or permanent disability, or property loss and/or damage
suffered by me or my property in connection with the Specialized Weight-Training whether or
not described in this Agreement, known or unknown, inherent or otherwise, or while visiting,
traveling to or using the Large Health Club. I understand and agree that this Agreement will be
binding on me, my spouse (or registered domestic partner), my guardians, the executors or
administrators of my estate, my heirs, my personal representatives, my assigns, my successors in
interest, my children, and any guardian ad litem for said children (collectively, the “Releasors”).
I accept full and complete responsibility for the safety of myself, any guests, observers or other
individuals who I have invited to the Large Health Club, and property we have brought to the
Large Health Club, and I assume the risk of damage, theft, loss or injury caused by others to me,
my guests and our property. I also accept full and complete responsibility for the consequences
of taking unreasonable risks while participating in the Specialized Weight-Training or using the
Large Health Club, including, without limitation, attempting activities that I am not qualified to

This study source was downloaded by 100000780153789 from CourseHero.com on 02-24-2023 20:36:28 GMT -06:00

https://www.coursehero.com/file/125159815/4-2-Assignment-Waiverdocx/

https://www.coursehero.com/file/125159815/4-2-Assignment-Waiverdocx/

perform safely, causing any other participants/spectators an unreasonable risk of harm, or failing
to follow correct safety procedures when using the Large Health Club and participating in the
Specialized Weight-Training.

On behalf of myself and the Releasors and in consideration for being allowed to participate in the
Specialized Weight-Training Event and/or use of the Large Health Club, I HEREBY WAIVE,
RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS OR CAUSES OF
ACTION, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION
THROUGHOUT THE WORLD, AGAINST THE RELEASED PARTIES, INCLUDING,
WITHOUT LIMITATION, ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE,
ACCIDENT, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE, DESTRUCTION,
DELAY, INCONVENIENCE OR OTHER HARM OF WHATEVER NATURE THAT MAY BE
DIRECTLY OR INDIRECTLY RELATED TO, ARISING FROM OR SUSTAINED FROM
PARTICIPATION IN THE SPECIALIZED WEIGHT-TRAINING EVENT AND/OR TRAVEL
TO OR FROM OR VISIT TO OR USE OF THE LARGE HEALTH CLUB OR ACTIVITIES
RELATED THERETO, NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE
RELEASED PARTIES OR OTHER NEGLIGENT ACT OR OMISSION OR BREACH OF
ANY EXPRESS OR IMPLIED WARRANTY OF ANY RELEASED PARTIES OR
OTHERWISE, provided that nothing in this Section shall be deemed to release any Released
Party from liability arising from their own willful or intentional injury to me or my property.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE
DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND
ALL SUBSEQUENT EVENTS OF PARTICIPATION.

In the event of an emergency, please contact the following person(s) in the order presented:

Emergency Contact

Contact Relationship Contact Telephone

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18
YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I
CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND
ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM
AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I
AM SIGNING IT OF MY OWN FREE WILL.

This study source was downloaded by 100000780153789 from CourseHero.com on 02-24-2023 20:36:28 GMT -06:00

https://www.coursehero.com/file/125159815/4-2-Assignment-Waiverdocx/

https://www.coursehero.com/file/125159815/4-2-Assignment-Waiverdocx/

Participant’s Name:

Participant’s Address:

Signature:

Date:

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Waiver and Release Form

CONSENT AND LIABILITY WAIVER

I_____________________________________(Name) of_________________________(City) of
___________(state) hereby affirm that I am entering a course of instruction in weight training
and physical fitness. I certify that I am 18 years old or more and that by enrolling in this
instruction am aware of the inherent dangers associated with weight training and physical fitness
activity.

I understand and agree that neither the class nor its owners, operators, agents, or instructors,
including but not limited to __________________and/or _____________________, may be held
liable in any way for performance which may result in injury, death or damages to me or my
family, heirs, or assignees. I further acknowledge and forever release
_____________________and/or _______________________ in connection directly or indirectly
with my physical fitness, weight training or therapy as result of negligence which may result in
injury, death, or damages to me or my family, heirs or assignees.

In consideration of being allowed to enroll in this program, I hereby personally assume all risks
connected with the program and I further release the instructors, program, agents and operators,
including but not limited to the persons mentioned for any injury or damage which may be
incurred by my while I am enrolled in the fitness or weight training course. This includes all
risks, whether foreseen or not and further to save and hold harmless the program and persons
from any claim by me, or my family, estate, heirs, or assignees, arising out of my enrollment and
participation in this program.

Further, I am of lawful age and legally competent to sign this release and I understand the terms
are contractual and not oral. I have signed this document of my own free will.

I have been fully informed of the context of this waiver and understand that I read it before I sign
it. I understand that submitting to a weight training program, it is advised to undergo a medical
exam to ensure my health and capability are of normal conditions and I am physically capable of
submitting to this program. I also understand that the owner reserves the right of membership.

Client Name:______________________________

Signature:________________________________ Date:_______________

Trainer:___________________________________ Date:________________

Owner:___________________________________ Date:_________________

This study source was downloaded by 100000780153789 from CourseHero.com on 02-24-2023 20:40:04 GMT -06:00

https://www.coursehero.com/file/31312299/SPT610-Waiver-Formdocx/

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Waiver and Release Form

Physical activity and exercise can be tireless and subject to risk of significant injury, we urge you
to obtain a physical examination from a doctor before using any equipment or participating in
our weight program. You agree that your participation in physical exercise is done entirely at
your own risk. Diet recommendations, food supplements, weight reduction and/or body building
enhancement products are completely your responsibility and you should consult with a doctor
prior to undergoing any dietary changes. You agree that you are voluntarily participating in these
weight training activities. In doing so, you assume all risk for injury, illness or death with use of
our facilities and premises. We are not responsible for loss of your personal property while
participating in our program.

You acknowledge that you have carefully read this ‘waiver and release’ and fully understand that
it is a release of liability. You clearly agree to release and discharge the trainer and gym from all
claims or causes of action and you agree to voluntarily waive any right that you may otherwise
have to bring a legal action against the trainer or gym for personal injury or property damage. To
the extent that statue or case law does not prohibit releases for negligence, this release is also for
negligence.

If any part of this release from liability will be deemed by a court of competent jurisdiction to be
invalid, then the remainder of this release from liability shall remain in full force and effect and
the offending provision(s) severed here from.

By signing this release, I acknowledge that I understand its content and that this release cannot
be modified orally.

Name (print):________________________

Signature:______________________________ Date:________________

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https://www.coursehero.com/file/31312299/SPT610-Waiver-Formdocx/
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