1. Introduction
This Liability Waiver and Informed Consent Agreement (the Agreement) is entered into between the undersigned participant (Client) and Design Wellness Inc. (Company), a provider of virtual personal training and wellness coaching services delivered via online platforms including, but not limited to, video conferencing tools and the Healthie platform. By signing below, Client acknowledges that they have read, understood, and voluntarily agreed to all terms set forth in this
Agreement.
2. Nature of Virtual Training Services
Design Wellness Inc. provides virtual personal training sessions, fitness programming, nutrition guidance, and wellness coaching delivered remotely. Client acknowledges that virtual training differs from in-person training and that the trainer cannot physically assist, spot, or correct form in real time. Clients are solely responsible for their environment and any equipment used during all virtual sessions.
3. Assumption of Risk
Client understands and acknowledges that participation in virtual personal training involves inherent risks, including but not limited to: muscular strains, sprains, joint injuries, cardiovascular events, falls, or other physical injuries. Client voluntarily assumes all risks associated with participation in exercise programs, whether such risks are known or unknown.
4. Medical Clearance & Health Disclosure
Client represents that they are in sufficient physical condition to participate in a virtual exercise program and have consulted with a licensed physician or healthcare provider prior to beginning any fitness regimen if they have any pre-existing medical conditions, injuries, disabilities, or health concerns. Client agrees to immediately inform their trainer of any changes in health status, pain, dizziness, or discomfort during or after sessions.
5. Release of Liability & Waiver of Claims
To the fullest extent permitted by law, Client hereby releases, waives, discharges, and covenants not to sue Design Wellness Inc., its owners, trainers, employees, contractors, affiliates, successors, and assigns (collectively, the Released Parties) from any and all liability, claims, demands, losses, damages, actions, or causes of action arising out of or related to Client participation in virtual personal training services, including claims resulting from the negligence of the Released Parties.
6. Indemnification
Client agrees to indemnify and hold harmless the Released Parties from any claims, damages, losses, or expenses (including reasonable attorneys fees) arising out of or in connection with Client participation in virtual training services, Client breach of this Agreement, or any injury to third parties caused by Client during a session.
7. Technology, Platform Use & Privacy
Client consents to the use of the Healthie platform and other approved digital tools for scheduling, session delivery,progress tracking, and communication. Client acknowledges that internet connectivity, device quality, and platform reliability are outside the Company control. Design Wellness Inc. complies with applicable privacy laws andhandles Client data in accordance with its Privacy Policy.
8. Session Cancellation & Rescheduling Policy
Client agrees to provide a minimum of 24 hours notice to cancel or reschedule a virtual session. Late cancellations or no-shows may result in forfeiture of the session or applicable fees as outlined in the service agreement.
9. Severability & Entire Agreement
If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior discussions and agreements.
Client Acknowledgment
By signing below, I certify that I have carefully read this Liability Waiver and Informed Consent Agreement, that I fully understand its contents, and that I am voluntarily agreeing to its terms. I acknowledge that I am at least 18 years of age (or have obtained parental/guardian consent if a minor) and that I am legally competent to enter into this binding agreement.