BECAUSE PHYSICAL EXERCISE CAN BE STRENUOUS AND SUBJECT TO RISK OF SERIOUS INJURY, PLAN TO EXCEL, INC. URGES ALL TO OBTAIN A PHYSICAL EXAMINATION FROM A DOCTOR BEFORE USING ANY EXERCISE EQUIPMENT OR PARTICIPATING IN ANY EXERCISE ACTIVITY. YOU AGREE THAT BY ENROLLING IN A PROGRAM OF PHYSICAL EXERCISE, TRAINING ACTIVITIES OR CORRESPONDENCE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
ANY WRITTEN OR ORAL INFORMATION BY PLAN TO EXCEL, INC. AND ITS REPRESENTATIVES SHALL BE VIEWED AS OPINIONS. ADHERENCE TO SUCH SHALL BE LEFT TO YOUR DISCRETION. ANY RECOMMENDATION FOR CHANGES IN DIET INCLUDING THE USE OF FOOD SUPPLEMENTS, WEIGHT REDUCTION AND/OR BODY BUILDING ENHANCEMENT PRODUCTS ARE ENTIRELY YOUR RESPONSIBILITY AND YOU SHOULD CONSULT A PHYSICIAN PRIOR TO UNDERGOING ANY DIETARY OR FOOD SUPPLEMENT CHANGES.
I have enrolled in a program of strenuous physical activity including but not limited to strength training, flexibility and aerobic conditioning offered by PLAN TO EXCEL, INC. I hereby affirm that I am in good physical condition and do not suffer from any disability that would prevent my participation in this exercise program. I agree that I voluntarily participate in these activities and use of all facilities and premises and assume all risks of injury, illness, or death.
In consideration of my participation in this exercise program, I for myself, my heirs and assigns, hereby release
PLAN TO EXCEL, INC. from any claims, demands and causes of action arising from my participation in the exercise program. I expressly agree to release and discharge PLAN TO EXCEL, INC. from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I may otherwise have to bring a legal action against PLAN TO EXCEL, INC. for personal injury, property damage or loss of property.
I fully understand that I may be injured as a result of my participation in this exercise program and I hereby release PLAN TO EXCEL, INC. from any liability now or in the future including but not limited to heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee / lower back / foot injuries and any other illness, soreness, or injury, however caused, occurring during or after my participation in the exercise program.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence.
If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.
I acknowledge that I have carefully read this “waiver and release” and fully understand that it is a release of liability.
By submitting this release, I acknowledge that I understand its content and that this release cannot be modified orally.