BODY BALANCE STRENGTH & WELLNESS
COMPREHENSIVE ASSUMPTION OF RISK, RELEASE OF LIABILITY & PARTICIPANT AGREEMENT
PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS.
This Agreement applies to participation in activities, programs, instruction, training, therapies, bodywork, events, facility use, and other services offered, organized, supervised, provided, or arranged by, Vida Studio Boulder, INC, DBA Body Balance Strength & Wellness ("Body Balance").
This Agreement applies to activities occurring at Body Balance and at off-site locations.
GENERAL PROVISIONS APPLICABLE TO ALL PARTICIPANTS
1. ACTIVITIES AND SERVICES COVERED
I understand that Body Balance provides a variety of fitness, wellness, movement, recovery, and related services. Activities may include, but are not limited to:
- Strength and resistance training;
- Free weights, barbells, dumbbells, kettlebells, weight machines, cables, bands, and other resistance equipment;
- Personal training;
- Small-group and group fitness;
- Functional training;
- Circuit training;
- HIIT and other high-intensity exercise;
- Cardiovascular and conditioning exercise;
- Running, walking, rowing, cycling, jumping, plyometrics, and agility exercises;
- Sports-performance and athletic-development training;
- Yoga, including physical postures (asanas), breathing techniques (pranayama), meditation, and chanting;
- Stretching, flexibility, balance, corrective exercise, restorative exercise, and mobility work;
- Assisted stretching and partner-assisted movement;
- Massage, bodywork, manual myofascial release, soft-tissue techniques, and other hands-on techniques;
- Physical cueing, spotting, positioning, and hands-on exercise instruction;
- Outdoor fitness and recreational activities;
- Wellness and educational programs;
- Activities conducted at off-site locations; and
- Other fitness, wellness, recovery, movement, bodywork, and related activities offered or arranged by Body Balance.
I understand that I am never required to participate in a particular activity, exercise, technique, or service and may decline or discontinue an activity at any time.
2. ACKNOWLEDGMENT OF RISKS
I understand that exercise, fitness training, strength training, HIIT, cardiovascular exercise, yoga, stretching, mobility work, bodywork, massage, manual myofascial release, outdoor activities, and other physical activities involve inherent and other risks of injury.
Risks may include, but are not limited to:
Muscle soreness, strains, sprains, tears, bruising, cuts, abrasions, falls, collisions, dropped weights, equipment-related injuries, dizziness, fainting, dehydration, heat-related illness, abnormal blood pressure, joint injuries, tendon or ligament injuries, fractures, back or neck injuries, head injuries, aggravation of existing injuries or medical conditions, cardiovascular events, neurological injury, permanent disability, and other injuries associated with physical activity.
Although uncommon, I understand that serious injury or death can occur during physical activity.
I understand that injuries may occur even when an exercise or activity is performed correctly and even when reasonable instruction, supervision, spotting, or other precautions are provided.
I further understand that not every potential risk can reasonably be anticipated or specifically identified in this Agreement.
3. BODYWORK, MYOFASCIAL RELEASE AND HANDS-ON TECHNIQUES
I understand that certain Body Balance services involve intentional physical contact.
These may include massage, bodywork, manual myofascial release, soft-tissue techniques, assisted stretching, mobility work, physical positioning, postural correction, spotting, and hands-on exercise instruction.
I understand that these techniques may cause temporary soreness, tenderness, bruising, discomfort, fatigue, or aggravation of an existing condition.
I consent to appropriate physical contact associated with services that I voluntarily elect to receive.
I understand that I may decline a particular technique, request modification, or ask that physical contact stop at any time.
I understand that Body Balance's fitness, wellness, movement, recovery, and bodywork services are not substitutes for medical evaluation, diagnosis, or treatment.
4. PARTICIPANT HEALTH AND RESPONSIBILITIES
I understand that I am responsible for determining whether I am physically and medically capable of participating in an activity or receiving a service.
I agree to disclose relevant known injuries, medical conditions, physical limitations, pregnancy, recent surgeries, medication-related limitations, or other circumstances that may reasonably affect my ability to participate safely.
These conditions may include, but are not limited to, cardiovascular conditions, high or low blood pressure, neck or spinal conditions, disc injuries, orthopedic injuries, joint replacements, osteoporosis, neurological conditions, pregnancy, glaucoma, recent eye surgery or injury, balance disorders, and recent surgeries.
If I am uncertain whether participation is appropriate, I understand that I should consult an appropriate licensed healthcare provider.
I agree to exercise within my abilities and limitations and to promptly communicate unusual pain, dizziness, shortness of breath, weakness, numbness, illness, injury, or other concerning symptoms.
PART A — ADULT PARTICIPANTS
Participants 18 Years of Age or Older
5. VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK
I voluntarily choose to participate in Body Balance activities and use Body Balance facilities, equipment, programs, and services.
KNOWING AND UNDERSTANDING THE RISKS DESCRIBED IN THIS AGREEMENT, I KNOWINGLY AND VOLUNTARILY ASSUME THE INHERENT AND OTHER RISKS ASSOCIATED WITH MY PARTICIPATION, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, TO THE FULLEST EXTENT PERMITTED BY COLORADO LAW.
6. 24-HOUR ACCESS AND UNSTAFFED FACILITY
I understand that Body Balance is a 24-hour-access fitness facility and that the facility may at times be partially staffed or completely unstaffed and unsupervised.
I understand that I may choose to enter, exercise, train, or use equipment at times when no Body Balance employee, trainer, instructor, or other staff member is present.
During unstaffed periods, I understand that:
- No employee or trainer may be present to supervise my activities;
- A spotter may not be available;
- No staff member may be immediately available if I become injured, ill, trapped, incapacitated, or experience another emergency;
- Staff may not be present to identify or correct unsafe exercise technique or equipment use;
- First aid, CPR, AED assistance, or other assistance from Body Balance personnel may not be immediately available; and
- Emergency assistance may be delayed compared with exercising in a continuously staffed or supervised facility.
I understand that exercising alone or without supervision can increase the likelihood or severity of injury.
I KNOWINGLY AND VOLUNTARILY ASSUME THE RISKS ASSOCIATED WITH USING BODY BALANCE DURING STAFFED, PARTIALLY STAFFED, OR COMPLETELY UNSTAFFED HOURS, INCLUDING THE RISKS OF EXERCISING ALONE AND THE POSSIBILITY THAT IMMEDIATE ASSISTANCE MAY NOT BE AVAILABLE.
I agree not to attempt exercises, weights, movements, or equipment that I do not reasonably believe I can use safely under the circumstances.
7. MEMBER ACCESS AND SECURITY
I understand that my key, card, code, application, electronic credential, or other means of accessing Body Balance is for my authorized use only.
I agree not to:
- Share my access credentials with another person;
- Permit another person to use my credentials;
- Allow an unauthorized person into the facility using my access privileges; or
- Intentionally circumvent Body Balance's access-control or security procedures.
I agree to promptly report dangerous conditions, damaged or malfunctioning equipment, suspicious activity, or significant safety concerns of which I become aware.
I understand that security cameras, access-control systems, alarms, or other security measures, if present, do not constitute continuous supervision or a guarantee that anyone is actively monitoring the facility or will immediately observe or respond to an emergency.
8. OFF-SITE ACTIVITIES
I understand that Body Balance activities and services may occur away from Body Balance's facility, including at private residences, businesses, gyms, studios, parks, trails, outdoor areas, recreational facilities, event venues, retreat locations, hotels, temporary facilities, and other public or private locations.
Off-site activities may involve additional risks, including:
- Uneven, unstable, or slippery surfaces;
- Stairs and other structures;
- Roads, vehicles, and traffic;
- Weather, heat, cold, rain, snow, or ice;
- Natural terrain;
- Animals and insects;
- Water or environmental hazards;
- Equipment owned or maintained by others;
- Actions of members of the public; and
- Other conditions outside Body Balance's ownership or reasonable control.
I understand that Body Balance may not own, maintain, inspect, or control off-site property, equipment, terrain, or environmental conditions.
I KNOWINGLY AND VOLUNTARILY ASSUME THE RISKS ASSOCIATED WITH PARTICIPATING IN BODY BALANCE ACTIVITIES AND SERVICES AT OFF-SITE LOCATIONS.
9. ADULT RELEASE AND WAIVER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY COLORADO LAW, I HEREBY RELEASE, WAIVE, AND DISCHARGE BODY BALANCE STRENGTH & WELLNESS, ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, PERSONAL TRAINERS, INSTRUCTORS, PRACTITIONERS, THERAPISTS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") FROM CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH ARISING FROM OR RELATED TO MY PARTICIPATION IN ACTIVITIES OR USE OF BODY BALANCE SERVICES, FACILITIES, PREMISES, OR EQUIPMENT, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF A RELEASED PARTY, TO THE FULLEST EXTENT SUCH CLAIMS MAY LAWFULLY BE RELEASED.
This release applies to activities and services occurring:
- At Body Balance;
- During staffed hours;
- During partially staffed hours;
- During completely unstaffed hours; and
- At off-site locations.
This release includes claims arising from participation in activities, instruction, supervision, spotting, hands-on assistance, bodywork, manual techniques, use or condition of equipment, premises conditions, slips or falls, and other risks associated with participation.
This Agreement is not intended to release claims that cannot legally be released under Colorado law.
Body Balance Strength & Wellness
