Last updated: June 10, 2024

In exchange for the fitness training services provided and organized by Olivia Bethmann Fitness LLC (the “Fitness Center”), with an address at PO Box 588 Penfield, NY 14526, and/or use of the property, facilities and services of the Fitness Center (collectively, the “Premises”), the undersigned (or the undersigned’s parent/legal guardian if they are under age 18) (the “Participant”), agrees to the following:

1. Assumption of the Risks and Release. Participant recognizes engaging in the Activity (defined on Exhibit A attached hereto) is a strenuous physical activity, and that there are certain inherent risks associated with the Activity. Participant assumes full responsibility for personal injury and illness to Participant, and further releases and discharges Fitness Center, its owners, employees, representatives, and agents, for any injury, illness, loss or damage arising out of Participant’s participation in the Activity, the use of the equipment provided or presence upon the Premises, whether caused by the fault of Participant, or Fitness Center, its owners, employees, representatives or agents, or other third parties.

2. Participant Acknowledgement. The Participant acknowledges and understands that, in delivering its services, the Fitness Center uses a holistic approach which includes mind and muscle resilience, and that the services provided by the Fitness Center are not counseling, mental health services, or any other type of therapy, and are not a substitutes for these services. Additionally, Participant understands that the services provided by the Fitness Center are not a substitute for professional nutrition or dietary guidance. If Participant should feel the need for professional counseling, mental health services, other therapy, or professional guidance from a nutritionist or dietician, it is Participant’s responsibility to seek a licensed professional who can provide these types of services. THE SERVICES PROVIDED BY FITNESS CENTER ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

3. Agreement to Follow Directions. Participant agrees to observe and obey all posted rules and warnings, and further agrees to follow any oral instructions or directions given by Fitness Center, or its owners, employees, representatives or agents.

4. Indemnification. Participant agrees to indemnify, defend, and hold harmless the Fitness Center, its owners, employees, representatives and agents, against all claims and/or causes of action including damages, judgments, costs or expenses, including attorney’s fees and other litigation costs, based in negligence or otherwise, which may in any way arise from Participant's participation in the Activity, the use of the equipment provided or presence upon the Premises.

5. Fees. Participant agrees to pay for all damages to the Premises or other facilities of Fitness Center caused by any negligent, reckless or willful actions by Participant.

6. Applicable Law and Venue. Any legal or equitable claim that may arise under this agreement or from participation in the Activity shall be resolved under the law of the State of New York without regard to the conflict of laws principles thereof. The parties hereby irrevocably submit to the exclusive jurisdiction of any state or federal court in Monroe County, State of New York with respect to any action, suit or proceeding arising out of or relating to this agreement.

7. No Duress. Participant agrees and acknowledges that Participant is under no pressure or duress to sign this agreement and that Participant has been given a reasonable opportunity to review it before signing. Participant further agrees and acknowledges that Participant is free to have Participant’s own legal counsel review this agreement if Participant so desires.

8. Enforceability. The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this agreement.

PARTICIPANT HAS READ THIS DOCUMENT AND UNDERSTANDS IT. PARTICIPANT FURTHER UNDERSTANDS THAT BY SIGNING THIS RELEASE, PARTICIPANT VOLUNTARILY SURRENDERS CERTAIN LEGAL RIGHTS.

The services Fitness Center may provide to Participant are referred to herein, collectively, as the “Activity” and shall include the following:

1. Personal Training. Private in-person or live digital sessions and supporting training program.
2. Small Group Training. In-person or live digital experience-based classes.
3. Workout Plans. Personalized self-paced training program.
4. Classes. In-person, live or on-demand digital group style classes.