By his/her signature below, the undersigned acknowledges & agrees with the members, contractors, managers, agents and employees of James Rudd, dba Endurance Concepts, LLC (“Endurance Concepts”) as follows:
1. In order to more safely engage in an exercise program, the undersigned hereby voluntarily consents to exercise testing by Endurance Concepts. Customarily, these tests may include skinfold measurements, strength tests, endurance tests, flexibility tests, and such other tests which Endurance Concepts believes in good faith should be administered to the undersigned (the “Testing”). The undersigned consents to the performance of the Testing with the understanding that the Testing subjects the undersigned to the risk of injury to person and property as more fully disclosed below and, to varying degrees, the Testing may involve contact with the undersigned’s body. To the extent that the undersigned has concerns about these potential contacts, the undersigned must immediately advise Endurance Concepts so that Testing can be explained in detail. To the extent that the undersigned fails to request an explanation or agrees to the Testing after a requested explanation, the undersigned will be deemed to have authorized and agreed to such contact with his or her body. During the Testing, exercise will begin at low exertion levels and will increase in stages. Either Endurance Concepts or the undersigned may stop the Testing at any time because of signs of fatigue or any other reason.
2. Endurance Concepts will assume that the undersigned is in good health and does not suffer from any health issue, illness or medical condition that could be triggered or aggravated by the Testing or by any exercise program recommended by Endurance Concepts. To the extent that the undersigned is aware of any personal health issues, illnesses or medical conditions, the undersigned must disclose them in detail in writing on the back hereof. To the extent that the undersigned fails to provide such written disclosures to Endurance Concepts on the back hereof, Endurance Concepts’ ability to determine appropriate and safe Testing will be adversely affected and the risk of injury to person or property will be materially increased.
3. The undersigned understands that the testing includes an inherent risk of injury to person and property and the undersigned assumes all risks associated with the Testing by Endurance Concepts and with any exercise recommended by Endurance Concepts including, but not limited to, heart beat disorders, abnormal blood pressure response, strokes, heat stress, sprains, broken bones, torn muscles and ligaments, very rarely, heart attack, and, very rarely, death. On behalf of him or her, and his or her heirs and assigns, the undersigned knowingly releases and discharges Endurance Concepts from any responsibility whatsoever, to the fullest extent permitted by law, for any injury or damage to person or property sustained by reason of the Testing or of any exercise program recommended by Endurance Concepts and for the costs of defense including attorneys’ fees (the “Released Claims”). On behalf of him or her, and his or her heirs and assigns, the undersigned further agrees to indemnify and hold harmless Endurance Concepts from the Released Claims.
4. The undersigned desires such Testing so that he or she can engage in a more effective personalized exercise program, but the undersigned understands that the Testing does not eliminate the risk of injury to person or property in the execution of any exercise program recommended by Endurance Concepts.
5. The undersigned understands and agrees that information from the testing may be used for reports and research publications as long as their name and mailing address are not be disclosed.
6. The undersigned understands that he or she can discontinue participation in any aspect of the Testing or any exercise program recommended by Endurance Concepts at any time without penalty.
7. The undersigned consents and agrees that Endurance Concepts may administer emergency care to me and my guests and any member of my family in the event of a medical emergency.
8. I have read the statements above and have had all of my questions answered to my satisfaction.