RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT ("AGREEMENT")
I, (hereafter referred to as “Client”) desire to use the lifestyle coaching services provided by PEAK PERFORMANCE WELLNESS CENTER, LLC (hereafter referred to as “PEAK”). In consideration for using PEAK services, Client agrees to the following terms and conditions. Any Client under the age of 18 years of age may not use the Services unless a parent or legal guardian has also signed this release form. Any Client under the age of 18 years of age may be accompanied by a parent or legal guardian when receiving Services at PEAK.
IN CONSIDERATION of being permitted to participate, in any way, in PEAK PERFORMANCE WELLNESS CENTER, LLC Services, I, on behalf of myself, for personal representatives, assigns, heirs, and next of kin, agree as follows:
I understand that PEAK does not dispense medical advice or prescribe treatment, rather PEAK rovides education and coaching to enhance my knowledge of health and wellness. I acknowledge that I should discuss any dietary changes, use of dietary supplements and fitness recommendations with my physician and that I should not discontinue any prescription medication without first consulting my physician. I acknowledge that any advice or coaching I receive is in no way intended to be construed as medical advice or care. I expressly assume the risks of lifestyle/health coaching.
I agree to follow all guidelines, instructions and tips posted throughout PEAK’s facilities regarding safety and or the use of Services.
I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE PEAK, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessors of premises on which the Services takes place, (each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE ACTION, INACTION OR NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost, which may incur as the result of such claim.
I acknowledge that PEAK has the right to refuse service to any person whose conduct is harassing, offensive, inappropriate or is an unreasonable disturbance to other clients, guests, vendors, employees, agents,and/or contractors, and that any such conduct shall result in the Client’s expulsion and termination of the use of PEAK and it related Services, without refund of moneys advanced for such use and services.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE, AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW, AND AGREE THAT, IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
MINOR RELEASE, IF PARTICIPANT UNDER AGE OF 18
I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF PEAK SERVICES AND THE MINOR’S EXPERIENCE AND CAPABILITIES, AND BELIEVE THE MINOR TO BE QUALIFIED TO PARTICIPATE IN SERVICES. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY, AND SAVE AND HOLD HARMLESS, EACH OF THE RELEASEES FROM ALL LIABILITY CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT, CAUSED OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE ACTION, INACTION OR NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENT RESCUE OPERATION, AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST, ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
PARTICIPANT & POLICY AGREEMENT
This Participant & Policy Agreement (“Agreement’) is entered into between Peak Performance Wellness Center, LLC (“Peak”) and the Participant(s) listed in the Peak Account. Participant Acknowledges and agrees:
I also understand that PEAK does enforce a cancellation policy for appointments. I must provide at least 24 hour notification of cancellation to get a full credit on all PEAK SERVICES. If I do not give 24 hour notice, fees will be collected for these services at full rate. I will receive a complete credit, if proper notice is provided.
Inclement Weather Policy:
In the event of inclement weather/hazardous conditions, Peak will follow the Stillwater Public School District closings. If S Stillwater Public Schools and or activities are closed or canceled, Peak will be closed. If inclement weather starts in the afternoon, the facility may close at the discretion of Management. All scheduled appointments will be rescheduled.
Additional Rules and Regulations:
This Agreement is entered into and shall be interpreted under the laws of the State of Oklahoma without regard to its conflict of laws provisions. The provisions of the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT are incorporated into this Agreement by reference.
Payment is received upon completion of 1-1 coaching session. Refunds are not issued once services are provided.