ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND 

INDEMNITY AGREEMENT 

DECLARATIONS: This Agreement is entered into between Personal Trainer (“Trainer”)- Marian Harris as an individual, Fit & Fab at Sixty as an extension of Marian Harris and Fit & Fab at Sixty as a sole entity and you, the (“Client”). The provision of online classes and personal training services, if that be an option for those in close proximity, as to services by Trainer to Client, and Client’s use of any advice, classes, or suggestions of equipment are contingent upon this Agreement. 

ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, 

including online classes at home or personal training or entering any premises or using any equipment you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. 

This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of 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,  or any other sporting or recreational endeavor. You agree that you are over the age of 18, of sound mind and body and are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, whether arising out of the negligence of Trainer or otherwise. 

You have read  and acknowledge that you understand the terms and conditions 

set forth in the preceding paragraphs, and agree to the same. 

RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, 

executors, administrators, agents, and assigns) to release and discharge Trainer (and 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 Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents,representatives, successors, and assigns. This 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) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training. You have read the foregoing and acknowledge that you understand the terms and conditions set forth in the preceding paragraphs, and agree to the same. 

INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold 

harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision 

of online classes and/or personal training by Trainer to you. 

ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of South Carolina.  You, the Client, agree to pay $39 per month for the 4 Pre recorded classes per week and all of the other added classes that will come over time. You, the Client, acknowledge that the Trainer offers a specific service to her clients. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You have read the foregoing and acknowledge that you understand the terms and conditions set forth in the preceding paragraphs, and agree to the same. 

You acknowledge that you have carefully read this waiver and release and fully 

understand that it is a release of liability, express assumption of risk and indemnity 

agreement. You are aware and agree that by becoming a member of Fit & Fab at Sixty, you are 

giving up your right to bring a legal action or assert a claim against trainer for trainers 

negligence, or for any defective product used while receiving personal training from 

Trainer, if that is an option.