Terms & conditions

This indemnity agreement is standard practice for most exercise and health professionals, and is required before training with The Conditioning Co.

If you have any questions, please feel welcome to contact The Conditioning Co.

Definitions and Interpretation:

“Facility” means the training facility premises occupied or recommended by The Conditioning Co. (TCC) and such other place as TCC shall otherwise decide from time to time.

“Client” means the person described in the client details set out above and the personal representatives of that person. Where the person whose details are set out above is under the age of 18 years then it also includes the lawful guardian of that person whose name appears above and the personal representative of that guardian.

“Coach” means any person who is employed by or contracted directly or indirectly to TCC to provide Training Sessions to individuals.

“I” and “me” mean the Client.

“Training Sessions” or "Training" or "Session(s)" mean and include, without limitation, cardiovascular training, gymnastic training, Olympic weightlifting, power lifting, Exercise Rehabilitation and all other forms of bodyweight and other exercise movements designed to increase the long and short term health of the Client which sessions are provided by TCC to me.

“The Conditioning Co.” means the people, systems and services operating under the business name The Conditioning Co.

“Rhabdomyolysis” means the illness caused when the muscle cells of a person are so damaged by exercise that they flood into the blood stream of that person with the result that the kidneys are partially or irreparably damaged. Symptoms of Rhabdomyolysis include but are not limited to brown urine, swelling of joints and weakening muscles.

“TCC” means and includes The Conditioning Co., Joshua Allen Webb Pullman and each and every Coach who provides Training Sessions to me.

“Training” means any cardiovascular training, gymnastic training, Olympic weightlifting, power lifting, Exercise Rehabilitation and all other forms of bodyweight and other exercise movements designed to increase my long and short term health which I am carrying out at the Facility whether under the guidance of a Coach or on my own and “Train” has a corresponding meaning.

The singular includes the plural and vice versa.

Request:

I have read and understood the whole of this Disclaimer and Release and after doing so I request TCC:

1) To provide Training Sessions to me; and

2) To allow me to Train at the agreed Facility.

I agree to be bound by the terms and conditions of this Disclaimer and Release.

Acknowledgement:

I acknowledge that by requesting TCC to provide Training Sessions to me the purpose of Training I will be carrying out exercise with a view to improving health. To achieve that, I am aware that I may be exercising to the limits of my physical and mental ability. I understand that there are inherent risks associated with such Training Sessions including but not limited to the risk of injury, soreness, illness (including but not limited to Rhabdomyolysis), cardiac events and in extreme cases death.

I confirm that if at any time I feel pain or discomfort in any part of my body, or if I feel nauseous, light headed, or dizzy or if I feel I am likely to faint then I will immediately inform TCC and act on the advice given to me by TCC.

Waiver:

I WAIVE any and all claims I have or might, at any time in the future, have against TCC which arise out of or are in any way related to my undertaking Training Sessions or otherwise Training at the Facility.

Release:

I RELEASE TCC from any and all actions, costs, claims, demands or other liabilities of whatsoever nature owed to me by TCC whether arising out of my own actions or inactions at the Facility or any wilful or negligent act or omission of TCC and whether such claim arises in negligence or breach of contract or on any other legal basis. I give permission for all and any media materials including my identity to be used to market and promote The Conditioning Co. to the wider community both during my time as a client of TCC and should this relationship cease.

Bar:

This Release and Disclaimer may be pleaded by TCC as an absolute bar to any proceedings issued by me against TCC in respect of any matter arising out of or in any way related to Training Sessions or Training at the Facility.

Severance:

If any term of this Disclaimer and Release is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the remaining terms and conditions shall remain in full force and effect.

Legal Advice:

I confirm that I have been advised to obtain independent legal advice on the meaning and effect of this Disclaimer and Release before I submit it to TCC.

Information to be provided by Client:

I undertake to inform TCC of any injury, illness, invalidity or other problem with my physical and mental health immediately I become aware of it. TCC has informed me that if I fail to comply with this undertaking there is an increased risk of injury, illness or even death by continuing to undertake the Training Sessions. I understand and agree that if I fail to inform TCC of any such any injury, illness, invalidity or other problem with my physical or mental health immediately I become aware of it there is an increased risk that I will aggravate such injury, illness, invalidity or other problem and I understand and agree that any such aggravation will have been caused solely by me.