LIABILITY DISCLAIMER AND WAIVER
I, Katrina Malherbe, am the owner and operator of Booty Gains Fitness. By participating in this coaching program, you agree to the following terms and conditions:
Acknowledgment of Risks: You acknowledge that participation in any exercise or nutrition program involves inherent risks of physical injury, including but not limited to, muscle strains, pulls or tears, broken bones, and other serious injuries. You acknowledge that you are participating voluntarily in this program and assume all risks of injury, illness, or death that may result.
Personal Responsibility: You understand and acknowledge that any exercise or nutrition program requires physical exertion and that it is your responsibility to judge your physical condition and determine if you are capable of participating in the program. You agree to assume all responsibility for your health and well-being while participating in this program.
Medical Clearance: You agree to obtain medical clearance from a physician before beginning any exercise or nutrition program, especially if you have a history of medical conditions, injuries, or any other health-related issues.
Liability Release: You hereby release Katrina and Booty Gains Fitness, and its employees, contractors, affiliates, and representatives from any and all claims, damages, injuries, or losses that may arise from your participation in this program.
Katrina Malherbe is not a physician or psychologist, and the scope of her consultation services does not include treatment or diagnosis of specific illnesses or disorders. If you, the client, suspect you may have an ailment or illness that may require medical attention, then you are encouraged to consult with a licensed physician without delay. Only a licensed physician can prescribe drugs. Any mention of drugs or supplements in the course of consultation is only for the purpose of providing a complete history of drugs that the client is taking and not for Katrina to judge the appropriateness of the medication. Any change in prescription or dosage is a decision the client makes with his or her physician. Rather than dealing with treatment of disease, Katrina focuses on wellness and prevention of illness through the use of non-toxic, natural nutritional regimen to achieve optimal health. Katrina is a Holistic Nutritionist whose role is to educate and motivate clients to assume more personal responsibility for their health by adopting a healthy attitude, lifestyle, and diet.
While people generally experience greater health and wellness as a result of embracing a healthier attitude, lifestyle, and diet, Katrina does not promise or guarantee protection. By signing below, you acknowledge that you understand that Katrina Malherbe is a health consultant and not a physician, and that you should see a doctor if you think you have a medical condition. Katrina will not be held liable for failure to diagnose or treat an illness, nor will she be liable for failure to prevent future illness.
Additionally, you promise to give Katrina a complete and accurate written account of any medical conditions that you may have and any medications that you are taking. You further agree to advise Katrina of any material changes to your health or well being during the period that Katrina works with you.
Indemnification: You agree to indemnify, defend, and hold harmless Katrina and Booty Gains Fitness, and its employees, contractors, affiliates, and representatives, from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your participation in this program.
Acknowledgment of Understanding: You acknowledge that you have read this liability disclaimer and waiver, understand its terms and conditions, and agree to be bound by it. You understand that this is a legally binding agreement and that you are waiving certain rights by agreeing to its terms.
By participating in this coaching program, you acknowledge that you have carefully read and fully understand the terms and conditions of this liability disclaimer and waiver, and you voluntarily and knowingly agree to its contents.
I understand and acknowledge that the services hereby provided are at all times restricted to consultation on the subject of health or fitness matters intended for general well-being and are not meant for the purposes of medical diagnoses, treatment or prescribing of medicine for any disease, or any licensed or controlled act which may constitute the practice of medicine.
I also understand that I am expected to carry through all treatment sessions as prescribed by Booty Gains Fitness consultant. I will arrive on time to the scheduled appointment time. Should I need to reschedule or cancel an appointment, it is my responsibility to contact my consultant in accordance with the cancellation rescheduling policy. I understand that a pattern of failed or canceled appointments will result in potential barriers to effective healing or results.