How To Be A PJ LLC Client Agreement
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, CONFIDENTIALITY, AND INDEMNITY AGREEMENT
Last updated July 30, 2019
SECTION 1 DECLARATIONS
This Agreement is entered between personal trainer How to Be a PJ LLC, (the “Trainer,” “we,” “us,” or“our”) and the undersigned (the “Client” or “you”). The provision of personal training services by Trainer to Client, and Client’s use of any premises, facilities, or equipment are contingent upon this Agreement.
SECTION 2 ASSUMPTION OF RISK
You must be 18 years of age to do any How to Be a PJ proprietary workout programs, or have the express consent of your parent/legal guardian.
You agree that if you engage in any physical exercise or activity, including personal training services or products from the Trainer, you do so at your own risk and assume the risk of any and all injury and/or damage that you may suffer, whether while engaging in physical exercise or not. This includes injuries or damages arising out of the negligence of the Trainer, whether active or passive, or any of the Trainer’s affiliates, employees, agents, representatives, successors, and assigns.
Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment.
You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of loss of injury, illness, damage, or loss to you or your property whether arising out of the negligent of the Trainer or otherwise.
SECTION 3 RELEASE
You agree on behalf of yourself and all your personal representatives, heirs, executors, administrators, agents, and assigns, to release and discharge the Trainer — and the Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of the Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns.
The waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises, or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training.
SECTION 4 CONFIDENTIALITY
The Parties acknowledge that during the course of this Agreement, the Parties may receive, have access to, or otherwise come into possession of various confidential and or proprietary information (“Confidential Information”). For purposes of this Agreement, Confidential Information will mean all tangible and intangible non-public information and materials of a party relating to its financial, business, scientific, technical, economic, or engineering information; and includes information related to a party including marketing or sales plans; the style and sequencing of exercise routines; or any other information that would be apparent to a reasonable person, familiar with either party’s business and the industry in which it operates, that such information is of a confidential and/or proprietary nature. We acknowledge our responsibility, both during and after the term of our appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or Confidential Information or data developed by us on your behalf or disclosed by you to us.
The Parties agree not to use or disclose, either directly or indirectly, to any person, firm or corporation, any Confidential Information disclosed by or obtained from the other party, except as is necessary in order to carry out the purposes of the Agreement between the Parties. The Parties, and any authorized third party to whom they disclose any such Confidential Information will adopt in writing and agree to be bound by and comply with terms of confidentiality which are at least as stringent as those contained in this Agreement.
Each party is responsible for any authorized third party, to whom such party discloses Confidential Information compliance with the terms of this Agreement. Each party agrees that, with regard to the Confidential Information, it will:
keep and maintain all Confidential Information in strict confidence, using such degree of care as is appropriate to avoid unauthorized use or disclosure;
use and disclose Confidential Information solely for the purposes for which such information, or access to it, is provided pursuant to the terms of this Agreement, and will not use or disclose Confidential Information for its own purposes; and
directly or indirectly, disclose Confidential Information to any third parties, except with the disclosing party’s prior written consent as permitted under the terms of this Agreement.
Your agreement to not disclose Confidential Information includes but is not limited to the following: you agree not to share our product or aspects thereof, nor the style and sequencing of exercise routines, with others, especially to individuals who are curious about and/or interested in our services and products.
Confidential Information does not include any information received from a party that:
is or becomes generally available to the public other than by breach of this Agreement;
is independently developed by a party;
is rightfully obtained from a third party authorized to make such a disclosure;
is already known to a party at the time of disclosure; or
to the extent required, is required to be disclosed pursuant to governmental or judicial process.
If a party is requested or required in a judicial, administrative, or governmental proceeding to disclose any Confidential Information, receiving party agrees to notify the disclosing party as promptly as practicable so that the disclosing party may either seek an appropriate protective order or waive the provisions of this Agreement.
Each party will have a duty to protect Confidential Information for a period of five (5) years after the date of termination of this Agreement. Notwithstanding the foregoing, as to any Trade Secrets disclosed in connection with this Agreement, the duty to protect Confidential Information will survive until such time as the Trade Secrets disclosed under this Agreement becomes publicly known and made generally available through no action or inaction of receiving party.
The receiving party must immediately and unconditionally return to the disclosing party, or suitably account for or destroy, all tangible materials and record-bearing media within its possession or control comprising, containing, derived from, or based on the disclosing party’s Confidential Information, (including any and all copies thereof) upon the earlier of: (i) the written request of the disclosing party, or (ii) within fifteen (15) calendar days. Upon written request, the receiving party will certify in writing its compliance with the foregoing provision.
SECTION 5 MEDIA RELEASE (FOR IN-PERSON TRAINING EVENTS)
I, the undersigned, hereby authorize How to be a PJ, its agents and employees, the irrevocable right to photograph me, take motion pictures of me, take video footage of me, and/or make electronic sound recordings of me (herein referred to as photographic or electronic reproductions).
I authorize the use of any such photographic or electronic reproductions of me for any purpose, including, but not limited to publication, promotion, illustration, advertising, or trade, in any manner or in any medium as deemed appropriate by How to be a PJ (I understand that I may be identifiable from such photographic or electronic reproduction). I hereby release How to be a PJ and its legal representatives for all claims and liability relating to said images or video. I waive my right to any compensation.
SECTION 6 INDEMNIFICATION
By execution of this Agreement, you agree to indemnify and hold harmless the Trainer from any loss, liability, damage, or cost the Trainer may incur due to the provision of personal training by the Trainer to you.
SECTION 7 ACKNOWLEDGEMENTS
You expressly agree that the foregoing Agreement is intended to be as broad as inclusive as possible as permitted by the laws in the state of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
You acknowledge that the Trainer offers a service to its clients encompassing the entire recreational and fitness spectrum. The Trainer is not in the business of selling weight lifting equipment exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer.
You acknowledge and agree that the Trainer does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this Agreement and fully understand it.
You are aware and agree that by executing this Agreement, you are giving up your right to bring a legal action or assert a claim against the Trainer for the Trainer’s negligence, or for any defective product used while receiving personal training from the Trainer. You have read and voluntarily signed the Agreement and further agree that no oral representations, statements, or inducement apart from this Agreement has been made.