1. NON-MEDICAL CAPACITY CLARIFICATION
I understand that Wise Owl Fit provides group fitness instruction services only. These services are NOT medical services, physical therapy, healthcare treatment, or rehabilitation services.
IMPORTANT:
Even if Wise Owl Fit instructors hold healthcare licenses (such as physical therapy licenses), they are NOT ACTING IN THEIR CAPACITY AS LICENSED HEALTHCARE PROVIDERS during group fitness classes. No therapist-patient or provider-patient relationship is created through participation in Wise Owl Fit classes.
Any modifications, adaptations, or exercise recommendations provided during classes are general fitness guidance, not therapeutic interventions or medical advice.
Vital Signs Monitoring: Wise Owl Fit provides blood pressure monitors, pulse oximeters, and heart rate monitors as a self-service convenience for members who wish to track their own readings before or after class. Wise Owl Fit staff do not interpret these readings, provide medical advice based on readings, or make determinations about exercise participation based on blood pressure, heart rate, or oxygen saturation values. Members are solely responsible for understanding their own safe exercise parameters and should consult their physician regarding appropriate ranges for physical activity.
2. PHYSICAL ACTIVITY READINESS
I confirm that I have completed the Physical Activity Readiness Questionnaire (PAR-Q+) and answered all questions honestly.
I answered NO to all PAR-Q+ questions
I answered YES to one or more PAR-Q+ questions
PHYSICIAN CLEARANCE RECOMMENDATION:
Wise Owl Fit strongly recommends that all participants, particularly those over 55 years of age or those who answered YES to any PAR-Q+ question, obtain clearance from a physician before participating in group fitness activities.
By signing this waiver, I acknowledge that I am choosing to participate with or without physician clearance at my own discretion and accept full responsibility for that decision.
3. DESCRIPTION OF ACTIVITIES
I understand that Wise Owl Fit offers group fitness classes including but not limited to: circuit training ("Hoot Camp"), strength training, balance exercises, cardiovascular conditioning, flexibility work, and specialized programming for various fitness levels and health conditions (collectively, the "Activities").
The Activities may involve the use of fitness equipment including but not limited to: free weights, resistance bands, stability balls, exercise mats, cardio equipment, and other fitness apparatus.
4. ACKNOWLEDGMENT OF RISKS
I acknowledge that participation in the Activities involves inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. These risks include but are not limited to:
• Muscle strains, sprains, and tears
• Joint injuries and aggravation of pre-existing conditions
• Cardiovascular events including heart attack, stroke, or abnormal heart rhythms
• Falls, slips, and related injuries
• Dizziness, fainting, or loss of balance
• In rare cases, serious injury or death
I understand that Wise Owl Fit strongly recommends medical clearance for all participants, particularly those over 55 years of age, and I have either obtained such clearance or chosen not to do so at my own risk.
I acknowledge that I am the best judge of my own physical capabilities and limitations. I agree to exercise within my own limits and abilities, to listen to my body, and to stop any activity that causes pain, discomfort, or unusual symptoms.
I agree to immediately notify Wise Owl Fit staff of any physical discomfort, pain, dizziness, shortness of breath, or other symptoms I experience during the Activities.
5. WAIVER AND RELEASE OF LIABILITY
To the fullest extent permitted by law, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Wise Owl Fit, its owners, officers, employees, instructors, independent contractors, agents, affiliates, successors, and assigns (collectively, the "Released Parties") from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in the Activities, or while on the premises where the Activities are conducted, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
This waiver covers fitness instruction services only. This waiver does not apply to any separate physical therapy services received from Live Life Physiotherapy, which are governed by separate consent documents.
I understand that this waiver does not apply to injuries caused by the gross negligence or willful misconduct of the Released Parties, as such waivers are unenforceable under California law.
I understand and accept that Wise Owl Fit’s total liability for any direct damages arising out of or relating to this Agreement shall be limited to the total amount of fees paid by me to Wise Owl Fit. Wise Owl Fit shall not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to this Agreement.
6. WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542
I expressly waive and relinquish all rights and benefits under California Civil Code Section 1542, which provides:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
I understand that I am releasing claims I may not currently know about, and I voluntarily accept this risk.
7. INDEMNIFICATION
I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney's fees, brought by third parties as a result of my involvement in the Activities or my negligent or intentional acts or omissions.
8. MEDICAL AUTHORIZATION
In the event of an emergency, I authorize Wise Owl Fit staff to contact emergency medical services (911) and to take whatever actions they deem necessary for my safety. I agree to be responsible for any costs associated with such emergency medical care.
9. PHOTOGRAPHIC AND MEDIA RELEASE. I grant Wise Owl Fit permission to use my likeness in photographs, videos, or other digital media ("Photos") in any and all of its publications, including web-based publications and social media, without payment or other consideration. I waive any right to inspect or approve the finished product and release Wise Owl Fit from any claims or liability arising from the use of such Photos.
10. ACKNOWLEDGMENT AND VOLUNTARY PARTICIPATION
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I ACKNOWLEDGE THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I UNDERSTAND THAT THIS AGREEMENT IS BINDING ON ME, MY HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS.
I am at least 18 years of age and legally competent to sign this agreement.