Dan Blewett's Online Training Disclaimer - Read Before Participating

DISCLAIMER, ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

DECLARATIONS: The provision of all Online Training services (in-person and/or online), of Dan Blewett Sports Performance LLC hereby referred to as the Company, and to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement. By signing up for any of our online programs, you agree to the terms on this page.

ASSUMPTION OF RISK: Buyer and client acknowledge that the fitness and sports training, baseball and softball instructional programs purchased hereunder include participation in strenuous physical activities. Buyer and client agree to assume all risk and responsibility involved with participation in the physical activities. Buyer and client affirm that client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities.

We urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. Buyer and client acknowledge participation will be physically and mentally challenging, and buyer and client agree that it is the responsibility of buyer and client to seek competent medical or other professional advice, regarding any concerns or question involved with the ability of the client to take part any physical activities by signing this agreement.

You agree that if you engage in any physical exercise or activity, using the materials provided in the online training, program, which include but are not limited to videos, written programs, webpages and other documents 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 Company or otherwise, including injuries or damages arising out of the negligence of Company, whether active or passive, or any of Company’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, tennis, baseball, softball, basketball, volleyball, racquetball, or any other sporting or recreational endeavor.

You agree that you 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, any loss or theft of any personal property, whether arising out of the negligence of Company or otherwise.

RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Company (and Company’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 Company, whether active or passive, or any of Company’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) 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, including injuries resulting from Company’s or anyone else’s negligent inspection or maintenance of the facility or premises.

We consider our center to be a center of excellence and occasional take photographs, videos, and other forms of media of our clients and facility and/or services for educational and promotional use. This may include, but is not limited to, book publications, journal article publications, promotional use on our websites, and social media accounts. By execution of the agreement, you are agreeing to allow us the use of your name and likeness, voice, verbal statements, and image in any of these mediums and uses without compensation.

INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Company from any loss, liability, damage, or cost Company may incur due to the provision of personal training by Company 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 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 Company offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Company is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Company. You acknowledge and agree that Company 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 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 executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Company for Company’s negligence, or for any defective product used while receiving personal training from Company. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

Before embarking on any online fitness program, it is crucial that you carefully read and understand the following. By enrolling in any online training program provided by Dan Blewett Systems LLC, you agree to the following the terms and conditions:

1. Consultation with a Healthcare Professional: We strongly recommend that you consult with a qualified healthcare professional, such as a physician or certified fitness trainer, before starting this online program. Your health and safety are paramount, and a healthcare professional can help assess your physical readiness and provide personalized guidance.

2. Individualized vs Generalized Approach: This online program is designed to provide general fitness and/or sports instruction guidance. However, each individual's physical condition, abilities, and limitations may vary. It is essential to adapt the program to your specific needs and abilities, and progress at a pace that suits you. Do not attempt any exercise or technique that you do not feel comfortable or confident in performing, or that causes any physical discomfort or pain.

3. Professional Guidance: While this program can be a valuable resource for fitness improvement, it is not a substitute for professional coaching or in-person coaching. Seek out qualified sports coaches, fitness trainers or instructors for personalized guidance and to ensure that you are performing exercises correctly and safely.

4. Monitoring and Rest: Pay close attention to your body throughout the program. If you experience pain, discomfort, dizziness, shortness of breath, or any unusual symptoms, cease the activity immediately and consult a healthcare professional. Rest and recovery are integral aspects of any sports or fitness regimen.

5. Equipment and Environment: Ensure that you are using the appropriate equipment and that you are exercising in a safe and suitable environment. Check for any hazards that could pose a risk during your training.

6. Children and Minors: Parents or guardians should supervise and make informed decisions regarding their children's participation in this online fitness program. Children and minors must have appropriate adult guidance and supervision.

7. Modifications and Updates: The creators of this program may periodically update the content, exercises, or recommendations. It is your responsibility to stay informed of these updates.

8. Legal Jurisdiction: This disclaimer is governed by the laws of the jurisdiction where you reside, and any disputes arising from your participation in this online fitness program shall be subject to the jurisdiction of the appropriate legal authorities in that jurisdiction.

By participating in this online fitness program, you acknowledge that you have read, understood, and agreed to the terms and conditions outlined in this disclaimer. Your safety and well-being are of utmost importance, and it is essential to exercise caution and make informed decisions throughout your fitness journey.

MEDICAL DISCLAIMER

We recommend that you speak with your doctor or physical therapist before participating in this program.

This website does not contain medical advice. 

The instructions and advice presented are in no way a substitute for professional testing, instruction, or training. This website, text, images, videos, and other materials have been provided as general information and are intended for educational purposes. Any individual beginning the following, or any other any other exercise program, should first consult with a qualified health professional. Please consult with a physician prior to implementing any rehabilitation or exercise protocol. Discontinue any exercise that causes discomfort and/or dysfunction and consult with a qualified medical professional. The instructions and advice presented are in no way a substitute for professional testing, instruction, or training. Never disregard professional medical advice or delay in seeking it because of something that have seen in this program or in any linked materials.

The creator, producer, and distributor of this website, all associated websites and online materials disclaim any liabilities or loss, personal or otherwise, in connection with the exercises and advice herein. You agree to use this program at your own risk. Seek medical advice if you have any concerns about your individual needs.