Thank you for participating in TrainWithMe. This Waiver of Liability and Assumption of Risk (“Waiver”) applies to the TrainWithMe workout application and TrainWithMe Challenges, collectively referred to as “TrainWithMe” or “TWM.”
In consideration of my participation in workouts, fitness programs, challenges, and related activities made available through TrainWithMe, I acknowledge and agree to the following:
1. Trainer- and Organizer-Directed Activities
I understand that workout programs and challenge activities are developed, assigned, and administered by independent personal trainers, coaches, gyms, or other organizations (“Trainers and Organizers”).
TrainWithMe provides the technology platform used to deliver workout programs, communicate activity instructions, track participation, and manage challenges.
TrainWithMe does not independently design, supervise, or evaluate the safety or suitability of the physical activities assigned by Trainers and Organizers.
I understand that Trainers and Organizers are responsible for establishing their respective workout programs, challenge activities, participation requirements, and instructions.
2. Physical Activity Readiness
I acknowledge that I am voluntarily participating in physical activities and that exercise, fitness programs, and wellness challenges may involve physical exertion and health risks.
I am responsible for determining whether I am physically capable of safely participating in the activities assigned to me.
I understand that I should consult a qualified healthcare professional before beginning or modifying an exercise program, particularly if I have any medical condition, injury, physical limitation, or concern about my ability to exercise safely.
I agree not to participate in any activity that I believe may be unsafe for me or that conflicts with medical advice I have received.
I understand that TrainWithMe does not provide medical advice, diagnosis, or treatment. Any fitness or wellness information made available through the platform is not a substitute for professional medical advice.
I agree to stop participating in an activity if I experience concerning symptoms, including chest pain, dizziness, faintness, unusual shortness of breath, or other signs of physical distress, and to seek appropriate medical assistance.
3. Assumption of Risk
I understand and acknowledge that participation in physical fitness activities, workouts, and challenges involves inherent risks, including bodily injury, illness, accidents, property damage, and, in rare circumstances, death.
These risks may arise from, among other things:
- Use of exercise equipment, machines, weights, and other fitness-related equipment.
- Participation in supervised or unsupervised exercise, training programs, classes, challenges, and physical activities.
- Activities performed at home, in gyms, outdoors, or at other locations.
- Slips, falls, collisions, improper technique, or overexertion.
- Muscle strains, sprains, broken bones, and injuries to joints, tendons, or ligaments.
- Heat-related illness, dehydration, cardiovascular events, and other exercise-related medical complications.
- Activities involving running, walking, cycling, strength training, or other physical exertion.
- Failure to follow appropriate safety precautions or instructions.
I understand that some activities may take place without direct supervision by a Trainer or Organizer.
I voluntarily assume the inherent risks associated with my participation in workouts and challenges, including those arising from my decisions about whether, when, where, and how to perform an activity.
4. Personal Responsibility
I acknowledge that I am responsible for exercising reasonable care and judgment while participating in physical activities.
I agree to:
- Follow appropriate safety precautions.
- Use equipment properly.
- Perform activities within my physical abilities.
- Follow applicable safety instructions provided by my Trainer or Organizer.
- Avoid activities that I believe would place me or others at unreasonable risk.
- Stop exercising when necessary to protect my health and safety.
I understand that participation in challenges may involve points, rankings, prizes, or other incentives.
I acknowledge that earning points, improving my ranking, or qualifying for prizes does not justify engaging in activities that are unsafe or beyond my physical capabilities.
I understand that I am not required to complete an activity that I reasonably believe would be unsafe for me.
5. Waiver and Release of Liability
To the fullest extent permitted by applicable law, I voluntarily assume the risks described in this Waiver and release Empowering Trainers LLC, operating as TrainWithMe, and its officers, directors, members, employees, affiliates, contractors, representatives, and agents (collectively, the “Released Parties”) from claims arising from injuries, illness, property damage, or other losses resulting from the inherent risks of my voluntary participation in workouts, fitness programs, and challenge activities delivered through TrainWithMe.
This release includes claims arising from my participation in physical activities independently designed, assigned, or administered by Trainers and Organizers, to the extent those claims may lawfully be released.
I acknowledge that TrainWithMe operates as a technology platform and does not directly supervise my physical participation or guarantee the safety of activities provided by independent Trainers and Organizers.
Nothing in this Waiver releases any party from liability for gross negligence, willful misconduct, or other conduct for which liability cannot lawfully be waived.
This Waiver does not limit any rights or protections that cannot legally be excluded under applicable law.
6. Independent Trainers and Challenge Organizers
I understand that Trainers and Organizers are independent providers responsible for the workout programs and challenges they administer.
Questions or concerns about specific exercises, challenge activities, physical safety instructions, or participation requirements should be directed to the relevant Trainer or Organizer.
TrainWithMe is not responsible for independently determining the medical suitability of any workout or challenge activity.
7. Acknowledgment and Acceptance
By selecting the acceptance checkbox, I acknowledge that:
- I have read and understand this Waiver.
- I understand that physical exercise and challenge participation involve inherent risks.
- I voluntarily choose to participate in the applicable workout program or challenge.
- I understand my responsibility to assess my ability to participate safely.
- I understand the respective roles of TrainWithMe and independent Trainers and Organizers.
- I agree to the assumption of risk and liability release provisions above, to the extent permitted by applicable law.
