AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK
By attending training sessions online and/or in-person, classes, events, activities, and other programs (the “Sessions”) and using the premises and/or facilities whether virtual or in-person (the “Studio”) owned and/or operated by Tara Lyn Emerson, Inc. (“Tara Lyn Emerson”), you acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, there are inherent risks association with the Sessions and Studio.
You understand and are aware that strength, flexibility and aerobic exercise, including the use of equipment, while largely beneficial for your physical and mental wellbeing, are also potentially hazardous activities, more so in an online or remote training environment. You understand that fitness activities involve the risk of injury, and that you are voluntarily participating in these activities and using equipment and machinery knowing the dangers involved. You agree to assume full responsibility for all injuries which are sustained or aggravated by you in relation to the Sessions regardless if you are training remote or in-person.
You understand that the equipment used in fitness instruction can be dangerous if used improperly. At all times, you shall comply with all verbal or posted instruction, safety signs, and rules given to you by, regardless if the instructor is in-person, or you are receiving instruction virtually. You will use all reasonable efforts to ensure your physical safety. You also understand and agree that Tara Lyn Emerson is not responsible for any injury sustained due to defects, damages, or lack of maintenance in your individually owned equipment, or equipment used not while under in-person direction from Tara Lyn Emerson.
You declare yourself to be physically sound enough to participate in a Session, and suffer from no condition, impairment, disease, infirmity or other illness that would prevent your participation or use of equipment, except as noted by a Tara Lyn Emerson agent, and modified accordingly. You will notify Tara Lyn Emerson immediately of any change in medical condition, including pregnancy. You acknowledge and understand that if you are pre/post-natal, you increase the risk to yourself and, if applicable, your unborn child. In participating in a Session, you assume all associated risks to yourself, and if applicable, your unborn child. If you are pre/post-natal you have permission from your physician to participate in a pre/post-natal exercise program.
You agree that if you experience any symptoms such as shortness of breath, chest pain, unusual fatigue, dizziness or fainting, or extreme pain, whether or not you are under direct supervision of a trainer or instructor, you will immediately stop exercising and inform a representative of Tara Lyn Emerson of your symptoms. You authorize any representative of Tara Lyn Emerson to obtain emergency medical treatment for you, including transportation to a hospital, urgent care, or other medical facility.
You understand that you are the intended recipient of a Session from Tara Lyn Emerson which, in some instances may include videos or other digital training materials. You agree that access to such training material is for your use only. You will not upload any videos or materials provided by Tara Lyn Emerson to any online forum such as a personal website, YouTube, or social media. You also agree to not video any part of Tara Lyn Emerson’s material without express written consent and to not share, copy, video, summarize, share or reproduce in any way the materials received as they are protected under the international Copyright Laws. You do grant Tara Lyn Emerson, its representatives, employees and agents the right to take photographs and video footage of you with or without your name for any lawful purpose.
In consideration of being allowed to participate in and access the Sessions and Studio, you hereby (1) release, indemnify, and hold harmless Tara Lyn Emerson, its direct and indirect parent, subsidiary, affiliates and entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Sessions, use of the Studio, or training with Tara Lyn Emerson in any way.