INFORMED CONSENT, CERTIFICATION AS TO CONTRAINDICATIONS, ASSUMPTION OF RISK AND RELEASE OF LIABILITY
(FITNESS TRAINING)

TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

(1) INFORMED CONSENT

I hereby consent to voluntarily engage in a plan of personal fitness training activities that are recommended by Bodybuzz to me for improvement of my general fitness, health and wellbeing. I understand that the plan of personal fitness may include use of training equipment, including without limitation, electromyostimulation equipment, and I voluntarily consent to the use of such training equipment. I understand that I may be required to undergo a fitness assessment and questionnaire to evaluate my present fitness level and/or obtain my physician’s consent to begin. I agree to participate in accordance with the instructions of Bodybuzz.

If I am taking prescribed medications, I have already so informed Bodybuzz and will inform Bodybuzz of any changes my physician or I make with regard to the use of prescription drugs.

I have been informed that during my participation in this program, I will voluntarily complete the physical activities, unless symptoms such as fatigue, shortness of breath, chest discomfort, or similar occurrences appear. At any point, I understand that it is my complete right to decrease or stop exercise, and it is my obligation to inform my instructor of my symptoms.

I understand that during the performance of my program, physical touching and/or positioning of my body may be necessary to assess my muscular and bodily reactions to specific exercises, and to ensure that I am using proper technique and body alignment. I expressly consent to physical contact for these reasons.

I understand and have been informed that there exists the possibility of adverse changes and/or risk of bodily injury occurring during exercise including, but not limited to: abnormal blood pressure, fainting, dizziness, disorders of heart rhythm; in rare instances heart attack, stroke, paralysis, or death; and injuries to muscles, ligaments, tendons, and joints. I fully understand and voluntarily accept the risks associated with exercise and use of training equipment, and knowing these risks, it is my desire to participate as herein indicated and to assume full responsibility for my participation and actions.

(2) CERTIFICATIONS REGARDING ABSOLUTE AND RELATIVE CONTRAINDICATIONS

INDIVIDUALS WITH ANY OF THE ABSOLUTE CONTRAINDICATIONS LISTED BELOW MAY NOT PARTICIPATE IN BODYBUZZ PERSONAL FITNESS TRAINING ACTIVITIES. BY AGREEING TO THIS WAIVER/RELEASE I ATTEST AND CERTIFY THAT I DO NOT HAVE ANY OF THE ABSOLUTE CONTRAINDICATIONS AND IF I DEVELOP ANY OF THE ABSOLUTE CONTRAINDICATIONS, I WILL IMMEDIATELY NOTIFY BODYBUZZ AND TERMINATE MY PARTICIPATION.

ABSOLUTE CONTRAINDICATIONS

  • Implanted electronic medical device such as cardiac pacemaker, defibrillator, or insulin pump
  • Severe cardiovascular diseases (e.g., severe heart or aortic disease)
  • Severe neurological or neuromuscular disorder
  • Epilepsy or seizure disorder
  • Cancer or undergoing any cancer treatment such as radiation or chemotherapy
  • Severe kidney disease
  • Pregnancy or suspected pregnancy

BODYBUZZ RECOMMENDS THAT INDIVIDUALS WITH ANY OF THE RELATIVE CONTRAINDICATIONS LISTED BELOW NOT PARTICIPATE IN BODYBUZZ PERSONAL FITNESS TRAINING ACTIVITIES UNLESS THEY FIRST CONSULT WITH A PHYSICIAN WHO MEDICALLY CLEARS THE INDIVIDUAL TO PARTICIPATE.  I ACKNOWLEDGE THAT IF ANY OF THE PHYSICAL OR MEDICAL CONDITIONS LISTED BELOW AS RELATIVE CONTRAINDICATIONS APPLY TO ME NOW OR IN THE FUTURE, AND I PROCEED WITH BODYBUZZ WITHOUT FIRST CONSULTING WITH A PHYSICIAN BEFORE PARTICIPATING, I KNOWINGLY DO SO AT MY OWN RISK AND ASSUME THE RISK OF PERSONAL INJURY OR EVEN DEATH.

RELATIVE CONTRAINDICATIONS

  • Metal implants
  • Non-metallic or other implants (e.g., ceramic or silicone implants, gynecological, hormonal implants)
  • Less severe cardiovascular conditions (e.g., hypertonia, high blood pressure)
  • A recent surgical procedure, medical intervention, or acute trauma
  • Any type of hernia (e.g., abdominal or inguinal hernia)
  • Chronic disease or fever.
  • Contagious disease or any acute or chronic infections (bacterial or viral)
  • Metabolic Syndrome (e.g., Diabetes)
  • Painful, sensitive skin or skin areas lacking normal sensation
  • Menstrual cramps
  • Taking anticoagulant medication
  • Any mental deficit (client can only do WB-EMS with guardianship)
  • Diseases that affect muscular metabolism
  • Bleeding Disorder or Tendency
  • Circulatory Disorder
  • High levels of uric acid
  • Inflammatory pathologies
  • Neurological disorders
  • Skin Irritation, burns or wounds
  • Participation in any drug or alcohol treatment program

(3) ASSUMPTION OF RISK

I voluntarily assume the risk of injury, accident, death, loss, cost, or damage to my person or property which might arise from my use, or the use of my guests or minors for whom I have guardianship (a “Minor”) of the facilities, studios, services, equipment, or premises (collectively, “Facilities”) of Spark Scientific, LLC, DBA Bodybuzz, and its successors, affiliates, owners, parents, subsidiaries, and related entities and their respective directors, officers, members, managers, employees, volunteers, independent contractors, representatives, executors, agents, and all others’ (collectively,  “Bodybuzz”).  I understand that use of the Bodybuzz Facilities involves risks of death or injury to my person and property, and to the person or property of any guests or Minors and by engaging in such use, or by permitting such use by a guest or Minor, I voluntarily accept and assume full responsibility for such risks.

“Facilities” as used herein expressly includes all equipment used in connection with training activities, including without limitation electromyostimulation equipment.

(4) WAIVER AND RELEASE OF LIABILITY

I hereby agree that Bodybuzz will not be liable for death or any injury to my person or property or to the person or property of any of my guests and Minors. On behalf of myself, my heirs, spouse, personal representatives and assigns, I hereby release, discharge, indemnify, and hold harmless Bodybuzz from any and all liability and claims arising from my use, or any of my guests or Minor’s use, of the Facilities, including, but not limited to, all liability and claims arising from personal injury (including death), accidents or illness, and damage to, loss of, or theft of property, whether caused by the active or passive negligence or omission of Bodybuzz, and I covenant not to sue  Bodybuzz with respect to, and I waive any and all claims that I may have now or in the future against Bodybuzz for, any liability arising from my use, or my guests and Minors’ use, of the Facilities.

If any provision herein is found null, void, or unenforceable under applicable law, it shall be deemed omitted and shall not apply, but the other provisions above shall remain in effect.

In signing this agreement, I acknowledge that I have read this entire agreement, that I understand and agree to its terms, that I have had the time and opportunity to read and ask questions regarding the agreement and to consult an attorney.

ENTIRE AGREEMENT; AMENDMENT

This Agreement constitutes the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous oral or written proposals, negotiations, and agreements concerning such subject matter. This Agreement may not be amended or modified except by a further written agreement signed by the parties to this Agreement specifically referencing this Agreement.