WAIVERs

Persevera has two different waivers of liability: (i) the Waiver of Liability (Adult), and (ii) the Waiver of Liability (Guardian for Dependent). We refer to each type of waiver as an "Agreement".

If you are 18 years of age or older and would like to train with us, the Waiver of Liability (Adult) applies to you.  If you are a parent or legal guardian who is 18 years of age or older and who wishes to provide permission to a dependent under the age of 18 to train with us, the Waiver of Liability (Guardian for Dependent) applies to you and to your dependent.

By training with us, you acknowledge and agree to the terms of the Agreement that applies to you. Each Agreement is an important legal document that explains the risks that members are assuming by beginning and continuing an exercise program. It is critical that all members read and understand the applicable Agreement in its entirety.  If any member does not understand any part of the applicable Agreement, it is that member’s responsibility to ask for clarification.

Waiver of Liability (ADULT)

Release and Assumption of Risk Agreement for adults (the "Agreement")

I certify that I have volunteered to participate in programs (“Programs”), which may include, but are not limited to, (i) strength and resistance training, (ii) metabolic, aerobic or cardiovascular exercise, (iii) recovery techniques, and (iv) nutritional guidance provided to me by Jim Clarry’s personal training business (“Persevera”) and its owners, employees, independent contractors, parent company and wholly-owned subsidiaries, if any and as applicable.  In consideration of Persevera’s agreement to instruct, advise and train me, I do here now and forever release and discharge and hereby hold harmless Persevera and its respective owners, managers, members, agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in these or any of Persevera’s Programs, including any injuries or illnesses or damage or loss of property resulting therefrom.

THIS WAIVER AND RELEASE OF LIABILITY, REFERRED TO HEREIN AS THE “AGREEMENT”, INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF (1) EQUIPMENT BELONGING TO PERSEVERA, TO A THIRD PARTY OR TO MYSELF THAT MAY MALFUNCTION OR BREAK; (2) ANY SLIP, FALL, OR DROPPING OF EQUIPMENT; AND/OR (3) NEGLIGENT INSTRUCTION OR ORDINARY NEGLIGENCE ON BEHALF OF PERSEVERA THAT MAY OCCUR PRIOR TO, DURING OR AFTER THE TRAINING SESSION PROVIDED, ANYWHERE ON STUDIO PREMISES.

I have been informed of, understand and am aware that any physical exercise program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity.  I have also been informed of, understand and am aware that any physical exercise and/or fitness activities involve a risk of injury and illness, including, but not limited to: (i) fatigue, soreness, scrapes or skin lacerations, nausea, concussions, and broken bones, (ii) abnormal changes in blood pressure, (iii) heart attack, stroke, or other serious disability, or (iv) death, and that I am voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved.  I hereby agree to expressly assume and accept any and all risks of injury and illness, regardless of severity, or death.

I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in Persevera’s Programs.  I acknowledge that my enrollment and subsequent participation is purely voluntary and is in no way mandated by Persevera. I affirm that I will comply with instructions and safety rules set by Persevera. I further acknowledge that it is my right and responsibility to decline to perform any exercise or recovery technique, use any piece of equipment, or take any advice with which I am uncomfortable or which I believe may be contraindicated.

I have been advised that I should consult with my physician prior to commencing and while performing any personal training, fitness, physical exercise or recovery program.  I have also been advised to consult with my physician before taking supplements or undertaking any dietary changes, and I understand and acknowledge that Persevera is not a certified dietitian or nutritionist.  If I have chosen not to obtain a physician’s consent prior to beginning and/or while performing Persevera’s Programs, I hereby agree that I am doing so solely at my own risk.

I grant Persevera the permission to administer and secure emergency medical care, including, but not limited to, first aid and CPR (the availability of such care Persevera in no way guarantees), and I authorize Persevera to secure emergency transport and share any medical information in Persevera’s possession with any emergency medical responders in the event of any emergency. I also assume the cost of any emergency medical care required prior to, during and after any training session or other Programs.

I agree to indemnify, protect, defend and hold harmless Persevera for any legal costs, attorney fees, court and investigative costs to Persevera in connection with any acts or omissions by Persevera for any claims made by me, my spouse, heirs, successors, assigns, administrators, or any claims of any co-participants, rescuers or others arising from my conduct before, during and after all training sessions or other Programs. 

I agree to waive trial by jury in any action, proceeding or counterclaim brought against Persevera on any matters whatsoever arising out of or in any way connected with this Agreement, or my use or occupancy of the premises, or for any claim of injury or damage, or for the enforcement of any remedy under any statute, emergency or otherwise.

If any provision of this Agreement is unenforceable to any extent, the remainder of this Agreement, or application of that provision to any persons or circumstances other than those as to which it is held unenforceable, will not be affected by that unenforceability and will be enforceable to the fullest extent permitted by law. 

I covenant and agree not to file any claim in any court of law as a result of any injury I sustain while under Persevera’s supervision or engaging in Persevera’s Programs and agree to settle any dispute arising out of this Agreement by arbitration in the State of New York. 

The laws of the State of New York, without giving effect to the principles of conflict of laws, govern all matters arising under this Agreement.

I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS FORM IN ITS ENTIRETY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.  BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE AND AGREE THAT I AM ASSUMING ALL OF THE RISKS ASSOCIATED WITH ANY AND ALL OF PERSEVERA’S PROGRAMS, AND AM WAIVING ANY RIGHT THAT I OR MY SPOUSE, HEIRS, SUCCESSORS, ASSIGNS OR ADMINISTRATORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST PERSEVERA FOR ITS NEGLIGENCE OR THAT OF ITS OWNER(S), EMPLOYEES, AGENTS, OR CONTRACTORS FOR THE DURATION OF MY MEMBERSHIP OR FOR SO LONG AS I AM RECEIVING SERVICES FROM PERSEVERA.

Waiver of Liability (Guardian for Dependent)

Release and Assumption of Risk Agreement For Dependents Under Age 18 (the "Agreement")

I certify that I am the parent or legal guardian (“Guardian”) of dependent (“Dependent”), and that I am 18 (eighteen) years of age or older.  I further certify that, with my approval, Dependent has volunteered to participate in programs (“Programs”), which may include, but are not limited to, (i) strength and resistance training, (ii) metabolic, aerobic or cardiovascular exercise, (iii) recovery techniques, and (iv) nutritional guidance provided to him/her by Jim Clarry’s personal training business (“Persevera”) and its owners, employees, independent contractors, parent company and wholly-owned subsidiaries, if any and as applicable.  In consideration of Persevera’s agreement to instruct, advise and train Dependent, Dependent and I do here now and forever release and discharge and hereby hold harmless Persevera and its respective owners, managers, members, agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with Dependent’s participation in these or any of Persevera’s Programs, including any injuries or illnesses or damage or loss of property resulting therefrom.

THIS WAIVER AND RELEASE OF LIABILITY, REFERRED TO HEREIN AS THE “AGREEMENT”, INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF (1) EQUIPMENT BELONGING TO PERSEVERA, TO A THIRD PARTY OR TO DEPENDENT OR MYSELF THAT MAY MALFUNCTION OR BREAK; (2) ANY SLIP, FALL, OR DROPPING OF EQUIPMENT; AND/OR (3) NEGLIGENT INSTRUCTION OR ORDINARY NEGLIGENCE ON BEHALF OF PERSEVERA THAT MAY OCCUR PRIOR TO, DURING OR AFTER THE TRAINING SESSION PROVIDED, ANYWHERE ON STUDIO PREMISES.

Dependent and I have been informed of, understand and are aware that any physical exercise program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity.  Dependent and I have also been informed of, understand and are aware that any physical exercise and/or fitness activities involve a risk of injury and illness, including, but not limited to: (i) fatigue, soreness, scrapes or skin lacerations, nausea, concussions, and broken bones, (ii) abnormal changes in blood pressure, (iii) heart attack, stroke, or other serious disability, or (iv) death, and that Dependent is voluntarily participating, with my approval, in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved.  Dependent and I hereby agree to expressly assume and accept any and all risks of injury and illness, regardless of severity, or death.

Dependent and I hereby affirm that Dependent is in good physical condition and does not suffer from any known disability or condition which would prevent or limit his/her participation in Persevera’s Programs.  Dependent and I acknowledge that his/her enrollment and subsequent participation is purely voluntary and is in no way mandated by Persevera. Dependent and I affirm that he/she will comply with instructions and safety rules set by Persevera. Dependent and I further acknowledge that it is Dependent’s right and responsibility to decline to perform any exercise or recovery technique, use any piece of equipment, or take any advice with which he/she is, or with which I am, uncomfortable or that Dependent or I believe may be contraindicated.

Dependent and I have been advised that Dependent and I should consult with his/her physician prior to his/her commencing and while performing any personal training, fitness, physical exercise or recovery program.  Dependent and I have also been advised to consult with his/her physician before taking supplements or undertaking any dietary changes, and Dependent and I understand and acknowledge that Persevera is not a certified dietitian or nutritionist.  If Dependent and I have chosen not to obtain a physician’s consent prior to his/her beginning and/or while performing Persevera’s Programs, Dependent and I hereby agree that Dependent does so solely at his/her own risk.

Dependent and I grant Persevera the permission to administer and secure emergency medical care, including, but not limited to, first aid and CPR (the availability of such care Persevera in no way guarantees), and Dependent and I authorize Persevera to secure emergency transport and share any medical information in Persevera’s possession with any emergency medical responders in the event of any emergency. I also assume the cost of any emergency medical care that Dependent may require prior to, during and after any training session or other Programs.

Dependent and I agree to indemnify, protect, defend and hold harmless Persevera for any legal costs, attorney fees, court and investigative costs to Persevera in connection with any acts or omissions by Persevera for any claims made by Dependent, me, my spouse, heirs, successors, assigns, administrators, or any claims of any co-participants, rescuers or others arising from conduct before, during and after training sessions or other Programs. 

Dependent and I agree to waive trial by jury in any action, proceeding or counterclaim brought against Persevera on any matters whatsoever arising out of or in any way connected with this Agreement, or Dependent’s use or occupancy of the premises, or for any claim of injury or damage, or for the enforcement of any remedy under any statute, emergency or otherwise.

If any provision of this Agreement is unenforceable to any extent, the remainder of this Agreement, or application of that provision to any persons or circumstances other than those as to which it is held unenforceable, will not be affected by that unenforceability and will be enforceable to the fullest extent permitted by law.

Dependent and I covenant and agree not to file any claim in any court of law as a result of any injury Dependent may sustain while under Persevera’s supervision or engaging in Persevera’s Programs and agree to settle any dispute arising out of this Agreement by arbitration in the State of New York.

The laws of the State of New York, without giving effect to the principles of conflict of laws, govern all matters arising under this Agreement.

DEPENDENT AND I ACKNOWLEDGE THAT WE HAVE THOROUGHLY READ THIS FORM IN ITS ENTIRETY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.  BY SIGNING THIS DOCUMENT, DEPENDENT AND I ACKNOWLEDGE AND AGREE THAT DEPENDENT IS ASSUMING ALL OF THE RISKS ASSOCIATED WITH ANY AND ALL OF PERSEVERA’S PROGRAMS, AND IS WAIVING ANY RIGHT THAT DEPENDENT, I OR MY SPOUSE, HEIRS, SUCCESSORS, ASSIGNS OR ADMINISTRATORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST PERSEVERA FOR ITS NEGLIGENCE OR THAT OF ITS OWNER(S), EMPLOYEES, AGENTS, OR CONTRACTORS FOR THE DURATION OF DEPENDENT’S MEMBERSHIP OR FOR SO LONG AS DEPENDENT IS RECEIVING SERVICES FROM PERSEVERA.