PLEASE READ THIS AGREEMENT CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING CERTAIN CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ILLUMINATE YOU FITNESS, LLC AND THE OTHER RELEASED PARTIES IDENTIFIED BELOW.
This Adult Participant Informed Consent, Assumption of Risk, Waiver and Release of Liability (“Agreement”) is entered into by the adult participant identified below (“Participant”) for the benefit of Illuminate You Fitness, LLC, an Arizona limited liability company (“IYF”).
In consideration for being permitted to participate in IYF’s live online fitness classes and related live virtual instruction, Participant agrees as follows:
1. Eligibility
Participant represents and confirms that Participant is at least eighteen years old.
IYF’s live online fitness classes are offered only to individuals who are eighteen years of age or older. A person under eighteen may not participate, even with the permission or supervision of a parent or legal guardian.
Participant may not complete or sign this Agreement for another person. Each adult participant must separately review, accept, and sign an Agreement in that participant’s own name.
2. Covered Activities
This Agreement applies to Participant’s involvement in live, instructor-led fitness classes, programs, challenges, workshops, consultations, demonstrations, and other live virtual activities offered by or through IYF, whether delivered through Zoom or another video, audio, internet, or communications platform. These activities are collectively referred to as the “Activities.”
The Activities may include, without limitation:
Barre
Mat Pilates
Yoga
Stretching
Cardiovascular exercise
Balance exercises
Strength and core training
Flexibility and mobility exercises
Exercises using hand weights, resistance bands, Pilates balls, yoga straps, chairs, mats, rings, or other fitness equipment
This Agreement applies only to live virtual Activities. It does not replace or modify any separate terms, privacy policy, membership terms, purchase terms, video disclaimer, or other policy applicable to IYF’s services.
3. Voluntary Participation
Participant’s participation in the Activities is entirely voluntary.
Participant may decline to perform any exercise, movement, position, progression, modification, or use of equipment. Participant may reduce the intensity of an exercise or stop participating at any time.
Participant understands that an instructor’s suggestion, demonstration, correction, encouragement, or modification is not a command, medical recommendation, or guarantee that an activity is safe or appropriate for Participant.
Participant agrees to exercise independent judgment and participate only at a level that feels safe and appropriate.
4. Acknowledgment of Risks
Participant understands that physical exercise involves inherent and other risks that cannot be completely eliminated, even when reasonable care is exercised.
These risks may include, without limitation:
Slips, trips, and falls
Loss of balance
Muscle strains, sprains, tears, cramps, fatigue, or soreness
Injuries to bones, joints, muscles, tendons, ligaments, nerves, or connective tissue
Back, neck, shoulder, hip, knee, ankle, wrist, or other bodily injuries
Dizziness, nausea, fainting, dehydration, or shortness of breath
Abnormal blood pressure
Heart rhythm disturbances
Cardiac events
Stroke
Aggravation of a known or unknown medical condition
Injury caused by flooring, furniture, walls, equipment, pets, children, other people, or objects in Participant’s exercise area
Equipment failure, improper equipment use, or unsuitable equipment
Injury resulting from performing an exercise incorrectly or beyond Participant’s ability
Delayed communication, interrupted video or audio, internet-service failure, or other technology problems
Serious injury, permanent disability, paralysis, or death
Participant understands that this list is illustrative and does not describe every possible risk.
5. Special Risks of Live Online Instruction
Participant understands that the Activities are provided remotely and that the IYF instructor is not physically present at Participant’s location.
Because instruction occurs remotely:
The instructor cannot physically inspect Participant, Participant’s equipment, or Participant’s exercise area.
The instructor may not be able to see Participant’s entire body, every movement, or conditions outside the camera’s field of view.
Camera angle, lighting, clothing, internet quality, screen size, audio quality, device placement, or technology interruptions may limit the instructor’s ability to observe Participant.
The instructor cannot provide hands-on assistance, physical spotting, physical correction, first aid, or immediate emergency response.
The instructor may not notice pain, dizziness, distress, unsafe form, equipment problems, environmental hazards, or a medical emergency.
Verbal instructions, demonstrations, and modifications are general and may not account for Participant’s individual health, anatomy, limitations, injuries, experience, or surroundings.
Participant knowingly accepts the risks created or increased by these limitations.
6. Participant’s Exercise Area
Participant is solely responsible for selecting, inspecting, and maintaining a safe location in which to participate.
Before each Activity, Participant agrees to:
Ensure there is adequate space to move safely
Remove tripping hazards, sharp objects, unstable furniture, breakable objects, and other obstructions
Use a stable, dry, level, and reasonably slip-resistant surface
Keep children, pets, and other people at a safe distance
Ensure that walls, counters, chairs, furniture, or other surfaces used for balance or support are stable
Use suitable clothing and footwear, or exercise barefoot only when appropriate
Position Participant’s camera, screen, cords, and electronic device so they do not create a hazard
Ensure that Participant can see and hear the instructor without repeatedly turning, straining, or moving unsafely
Participant accepts responsibility for injuries or losses arising from conditions within Participant’s home, workplace, hotel, outdoor area, or other location from which Participant chooses to participate.
IYF does not inspect, possess, maintain, or control Participant’s premises.
7. Equipment Responsibility
Participant is solely responsible for inspecting and safely using any mat, chair, weights, resistance bands, ball, ring, strap, blocks, furniture, or other equipment used during an Activity.
Before each use, Participant agrees to ensure that all equipment is:
Undamaged
Stable
Properly secured
Suitable for the exercise
Appropriate for Participant’s size, strength, experience, and intended use
Used in accordance with any applicable manufacturer instructions
Participant agrees not to use damaged, unstable, improvised, or unsuitable equipment.
Unless IYF expressly provides a particular item directly to Participant, IYF does not select, supply, assemble, install, inspect, repair, or maintain Participant’s equipment.
8. Health and Medical Responsibility
Participant acknowledges that IYF and its instructors are not acting as physicians, nurses, physical therapists, emergency medical providers, registered dietitians, or other licensed healthcare professionals.
The Activities are provided for general fitness and educational purposes.
They are not:
Participant represents that Participant is physically and mentally capable of participating safely or has obtained appropriate guidance or clearance from a qualified healthcare professional.
Participant agrees to consult an appropriate healthcare professional before participating when Participant:
Has a known or suspected medical condition
Has experienced chest pain, fainting, unexplained dizziness, unusual shortness of breath, or heart-related symptoms
Has a current or recent injury
Has undergone recent surgery, hospitalization, or medical treatment
Is pregnant
Has recently given birth or is returning to exercise postpartum
Has been advised to restrict physical activity
Takes medication that may affect exercise tolerance, coordination, balance, blood pressure, or heart rate
Has any concern about whether exercise is appropriate
Medical clearance does not eliminate the risks of physical activity and does not shift responsibility to IYF.
Participant is solely responsible for monitoring Participant’s health and physical condition before, during, and after each Activity.
9. Pregnancy and Postpartum Participation
Participant understands that pregnancy and the postpartum period may involve changing physical abilities, balance, joint stability, blood pressure, cardiovascular response, and other health considerations.
A Participant who is pregnant, may be pregnant, has recently given birth, or is returning to exercise postpartum agrees to obtain appropriate guidance from a qualified healthcare professional before participating.
Participant is responsible for determining whether a movement or Activity is appropriate and for requesting or selecting modifications when needed.
An instructor’s provision of a modification is not medical advice and does not guarantee that the modification is appropriate for Participant.
10. Duty to Stop
Participant agrees to immediately reduce intensity or stop exercising upon experiencing:
Participant agrees to seek appropriate medical attention when needed.
Participant understands that notifying an instructor of a symptom does not make the instructor responsible for evaluating, diagnosing, treating, monitoring, or resolving a medical condition.
11. Emergency Responsibility
Participant understands that IYF and its instructors are not physically present at Participant’s location and may be unable to recognize or respond to a medical emergency.
Participant is responsible for:
Keeping a telephone reasonably accessible
Knowing the physical address where Participant is exercising
Contacting 911 or other appropriate local emergency services when necessary
Informing another person of Participant’s participation when Participant believes additional assistance may be appropriate
Taking reasonable precautions when exercising alone
IYF may attempt to contact emergency services if an instructor reasonably believes an emergency exists and has sufficient information to do so. IYF does not undertake or guarantee a duty to monitor Participant, identify an emergency, contact emergency services, remain connected during a technology interruption, or provide emergency or medical assistance.
Participant is solely responsible for all emergency, ambulance, medical, transportation, treatment, and related expenses arising from Participant’s participation.
12. Knowing Assumption of Risk
PARTICIPANT KNOWINGLY AND VOLUNTARILY ACCEPTS AND ASSUMES ALL INHERENT AND OTHER RISKS ASSOCIATED WITH THE ACTIVITIES, INCLUDING RISKS ARISING FROM REMOTE INSTRUCTION, PARTICIPANT’S HEALTH OR PHYSICAL CONDITION, PARTICIPANT’S MOVEMENTS, PARTICIPANT’S PREMISES, PARTICIPANT’S EQUIPMENT, THE CONDUCT OF OTHER PEOPLE, TECHNOLOGY FAILURES, AND THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.
Participant accepts these risks whether they are known or unknown, anticipated or unanticipated, and whether an injury or loss occurs during or after an Activity.
13. Release and Waiver of Claims, Including Ordinary Negligence
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARTICIPANT, FOR PARTICIPANT AND PARTICIPANT’S HEIRS, ESTATE, PERSONAL REPRESENTATIVES, AND LEGAL SUCCESSORS, RELEASES AND AGREES NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIM, DEMAND, CAUSE OF ACTION, DAMAGE, LOSS, LIABILITY, COST, OR EXPENSE ARISING OUT OF OR RELATED TO PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES, INCLUDING A CLAIM FOR PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.
The “Released Parties” include:
Illuminate You Fitness, LLC
Its current and former owners, members, managers, officers, employees, instructors, independent contractors, volunteers, representatives, and agents
Its successors and assigns
Any person or entity assisting IYF in providing or administering an Activity
This release includes, without limitation, claims alleging:
Negligent instruction
Negligent supervision
Failure to warn
Failure to offer or recommend a modification
Failure to recognize pain, distress, unsafe form, or a medical emergency
Negligent emergency response
Negligent selection or use of technology
Other negligent acts or omissions related to the Activities
THIS AGREEMENT DOES NOT RELEASE A CLAIM TO THE EXTENT THAT APPLICABLE LAW PROHIBITS ITS RELEASE. IT IS NOT INTENDED TO RELEASE LIABILITY FOR GROSS NEGLIGENCE, RECKLESSNESS, WILLFUL MISCONDUCT, INTENTIONAL MISCONDUCT, OR ANY OTHER CONDUCT THAT CANNOT LAWFULLY BE RELEASED.
14. Property Damage
Participant accepts responsibility for damage to Participant’s home, premises, furniture, personal property, equipment, electronic devices, or other belongings arising from Participant’s participation in an Activity.
Participant understands that IYF is not responsible for damage caused by Participant’s movements, exercise area, equipment selection, equipment use, pets, children, other people, or failure to prepare a safe exercise area, except to the extent applicable law provides otherwise.
15. Participant-Caused Losses
Participant agrees to be responsible for losses, injuries, or property damage caused by Participant’s:
Intentional misconduct
Reckless conduct
Material violation of this Agreement
Misuse of equipment
Unauthorized recording, reproduction, or distribution of an Activity
Allowing an ineligible or unauthorized individual to participate through Participant’s account
Nothing in this section requires Participant to reimburse a Released Party for that Released Party’s own negligence where such an obligation is prohibited by applicable law.
16. No Guarantee of Results
Participant understands that IYF makes no promise, warranty, or guarantee regarding:
Results vary based on factors outside IYF’s control, including Participant’s health, consistency, effort, nutrition, sleep, experience, medical conditions, and individual physiology.
17. Technology and Third-Party Platforms
Participant understands that the Activities may be delivered through Zoom or another third-party technology platform.
IYF does not guarantee uninterrupted or error-free access, audio, video, internet connectivity, device compatibility, or platform availability.
Technology interruptions may reduce or eliminate the instructor’s ability to communicate with or observe Participant.
Participant remains responsible for stopping safely and independently if the connection is interrupted or lost.
Participant’s use of a third-party platform may also be subject to that provider’s terms and privacy practices.
18. Personal and Nontransferable Agreement
This Agreement applies only to the adult Participant identified below.
Participant may not:
Sign for another competent adult
Transfer this Agreement to another person
Permit another person to participate under Participant’s name or account
Permit a person under eighteen to participate
Each adult participant must separately complete and sign IYF’s required waiver before participating.
19. Duration and Withdrawal
This Agreement becomes effective when Participant electronically acknowledges, accepts, or signs it.
It applies to all covered Activities in which Participant participates after that time and remains effective until:
IYF replaces it with a new agreement that Participant is required to accept;
Participant gives IYF written notice withdrawing consent to future participation under this Agreement; or
Applicable law requires otherwise.
Withdrawal does not affect the Agreement’s application to Activities that occurred before IYF received and had a reasonable opportunity to process the written notice.
Participant may not participate in future Activities after withdrawing this Agreement unless Participant accepts any agreement then required by IYF.
20. Governing Law and Forum
To the fullest extent permitted by applicable law, this Agreement will be governed by the laws of the State of Arizona, without regard to Arizona’s conflict-of-laws principles.
Any legal action arising out of or relating to this Agreement or the Activities must be brought in a state or federal court located in Maricopa County, Arizona, unless applicable law prohibits that requirement.
Participant understands that mandatory consumer-protection, waiver, jurisdiction, or other laws of Participant’s home state may apply notwithstanding this section.
21. Severability and Reformation
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law.
When legally permitted, an invalid or unenforceable provision may be modified only to the minimum extent necessary to make it enforceable.
The remaining provisions will continue in full force and effect unless applicable law requires otherwise.
22. Entire Agreement Regarding Participation Risks
This Agreement contains the complete agreement between Participant and IYF regarding informed consent, assumption of risk, waiver, and release for the Activities.
It does not replace IYF’s Terms and Conditions, Privacy Policy, membership terms, payment terms, cancellation terms, video disclaimers, or other policies that apply independently.
No oral statement by an instructor, employee, representative, or other person changes or overrides this Agreement.
Any amendment must be made in writing by IYF.
23. Electronic Records and Signature
Participant agrees to review, accept, and sign this Agreement electronically.
Participant understands that selecting a required acknowledgment box, typing Participant’s name, applying an electronic signature, and submitting the form are intended to constitute Participant’s electronic signature and acceptance of this Agreement.
Participant consents to IYF maintaining the Agreement and related acceptance information electronically, including:
Participant’s name
Participant’s electronic signature
Date and time of submission
Form responses
The version of the Agreement accepted
Other available transaction or submission records
Participant agrees that the electronic record and electronic signature may be used as evidence of Participant’s agreement.
Participant may request a copy of the Agreement from IYF.
24. Participant Acknowledgments
By signing below, Participant confirms that:
Participant is at least eighteen years old.
Participant has read the entire Agreement.
Participant understands the Agreement.
Participant has had the opportunity to ask questions before signing.
Participant understands that physical exercise involves risks of serious injury, permanent disability, and death.
Participant understands the additional risks and limitations of live online instruction.
Participant understands that IYF and its instructors are not physically present at Participant’s location.
Participant accepts responsibility for Participant’s exercise area and equipment.
Participant understands that Participant may decline to sign but will not be permitted to participate.
Participant understands that this Agreement releases certain claims based on the ordinary negligence of the Released Parties.
Participant is signing voluntarily and without coercion.
Participant intends to be legally bound.
REQUIRED RELEASE ACKNOWLEDGMENT
I UNDERSTAND THAT I AM GIVING UP THE RIGHT TO BRING CERTAIN CLAIMS, INCLUDING CERTAIN CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ILLUMINATE YOU FITNESS, LLC OR ANOTHER RELEASED PARTY.
