Informed Consent and Liability Waiver

Description of the Exercise Programs

I. Personal Training Sessions

I understand that Personal Training Sessions and Outdoor Activities will involve participation in a number of types of fitness activities. These activities will vary depending upon my established objectives, but will probably include:

  1. Aerobic activities including, but not limited to, the use of treadmills, stationary bicycles, step machines, rowing machines, running, increasing elevation;
  2. Muscular endurance and strength building exercises including, but not limited to, the use of free weights, weight machines, calisthenics, bicycles, and other exercise apparatus;
  3. Other activities selected by my personal trainer and agreed upon by me; and
  4. Selected physical fitness and body composition assessments. Fitness Assessments serve as a baseline measurement to monitor fitness progress and are not intended to be as accurate as medical grade testing nor are they intended to diagnose disease.

Personal Training Sessions will take place in the client’s home, the trainer’s home, or another participant’s home. They may also take place outdoors or virtually.

Outdoor activities will take place on paved and unpaved paths with elevations in parks or in mountains. Proper attire including appropriate footwear, socks, and equipment are required.

Description of Potential Risks

I understand that no exercise program is without inherent risks and that, regardless of the care taken by my personal trainer, she cannot guarantee my personal safety. For example, when one induces cardiovascular stress through activity, injuries can range from occasional minor injury (e.g., pulled muscles, muscle soreness) to infrequent serious injury (e.g., heart attack, stroke, or other cardiovascular accidents) to the very rare catastrophic incident (e.g., death, paralysis). Likewise, I know that engaging in muscular endurance, strength building, and other fitness activities occasionally results in minor injuries (e.g., bruises, musculoskeletal strains and sprains), infrequently, more serious injuries (e.g., muscle tears, herniated disks, torn rotator cuffs), and very rarely, catastrophic injury (e.g., death, paralysis). I realize that when participating in any exercises or conditioning activity, there is always a possibility that minor injuries, major injuries, or catastrophic injury/death may occur.

In addition, Outdoor Activities may result in bodily harm or injury including but not limited to injury or death from animal encounters such as snakes, bugs, or bears, strained or sprained ankles, increased cardio stress that may cause the heart to stop, or death. Falls could result in concussion or other injuries or damage to equipment such as but not limited to bicycles, helmets, phones, and smartwatches.

I agree to check with my physician before starting a new exercise program or increasing the intensity of my current exercise program to learn if my participation in the above activities is safe for me.

Description of Potential Benefits

I understand that a regular exercise program has been shown to have definite benefits to general health and well-being. I know that some of the physiological benefits of a regular exercise program can include loss of weight, reduction of body fat, improvement of blood lipids, lowering of blood pressure, improvement in cardiovascular function, reduction in risk of heart disease, improved strength and muscular endurance, improved posture, and improved flexibility. I further understand that regular exercise can have psychological benefits, often improving one’s outlook and feeling of well-being, as well as relieving tension and stress. I also understand that not all these conditions may apply to me and I am not guaranteed such results.

Client Responsibilities

I understand that it is my responsibility to:

  1. Fully disclose any health issues (including diabetes, heart problems, seizures, and asthma) or medications that are relevant to participation in a strenuous exercise program;
  2. Inform the trainer if there are activities with which I do not feel comfortable;
  3. Cease exercise and report promptly any unusual feelings (e.g., chest discomfort, nausea, difficulty breathing, apparent injury) during the exercise program; and
  4. Clear my participation with my physician;
  5. Wear appropriate safety gear;
  6. Make sure my equipment is well maintained to function safely.

Client Acknowledgements

In participating in this exercise program, I, the client:

  • Acknowledge that my participation is completely voluntary.
  • Understand the potential physical risks involved in the exercise program and believe that the potential benefits outweigh those risks.
  • Give consent to certain physical touching that may be necessary to ensure proper technique and body alignment.
  • Understand that the achievement of health or fitness goals cannot be guaranteed.
  • Have been able to ask questions regarding any concerns I might have, and have had those questions answered to my satisfaction.
  • Am in good physical condition, have no impairment which might prevent my participation in such activities, and have been advised to consult a physician prior to beginning this program
  • Have been advised to cease exercise immediately if I experience unusual discomfort and feel the need to stop.

OOMIE Fitness bills its personal fitness training clients on a pre-pay basis. Bills are issued directly to a client by a trainer and are due upon receipt. OOMIE Fitness trainers work on a scheduled appointment basis. In order for us to effectively use our time we ask that clients give trainers a 24-hour notice when canceling an appointment. This means a cancellation should be made at least 24 hours before the scheduled appointment. Personal Training sessions canceled inside of 24 hours of the scheduled appointment will be billed at the normal rate of a single session to the client.

It is the policy of OOMIE Fitness to provide refunds only under the following circumstances:

  • OOMIE Fitness is unable to provide a trainer to the client due to relocation (of client) to another city or location where OOMIE Fitness does not have a trainer available.
  • OOMIE Fitness is unable to meet the realistic scheduling needs of the client. 
  • A client’s medical condition exists that makes it impossible to work with a trainer. In this case, a physician’s written notification is required.
  • All remaining personal training sessions following a 90-day inactive period will be non-refundable. Unused sessions cannot be transferred to another client. Sessions not used after a 6 month inactive period will no longer be honored.
  • If your personal trainer is unable to keep an appointment for any reason and unable to give you at least 24-hours notice, you will receive a free personal-training session
  • If you are unable to give your personal trainer at least 24-hours notice of cancellation, you are required to make a normal payment. We thank you for your consideration.
  • Cancellation by the client or trainer due to emergencies such as, but not limited to, weather, injury, or accident will be dealt with on an individual basis and do not require a 24-hour notice.
  • Please be on time for your session. If you are late the session must still finish on time.

Submitting this form confirms your understanding of and agreement to the Informed Consent, Liability Waiver, Billing and Cancellation Policies as described above.