By signing this Document, I understand, and give my informed consent to, the following: Client Assumption of Risk: I am engaging Ariana Cesare to provide me with virtual and/or in-person education, consultation, and physical conditioning and training, which includes but is not limited to strength-building and cardiovascular activities using various types of exercise equipment, personal training, education regarding pelvic and sexual health, anatomy, pregnancy and postpartum exercise/fitness, wellness and coaching programs, recreational and competitive sports activities, and fitness testing (collectively “Fitness Training”). I am aware that Fitness Training can expose me to certain risks, including, but not limited to, physical injury, incapacity, pregnancy loss, birth defects, and death. I also understand that these inherent risks vary as a result of numerous factors, including but not limited to the activity performed, the muscle group involved, and the exercise equipment used. Common minor risks include minor muscle strains and sprains, muscular fatigue, and contusions. More serious, but less frequent, risks include joint injuries, torn muscles, heat-related illnesses, eye injuries, and back injuries, as well as the more-remote risk of a catastrophic incident (e.g., stroke, heart attack, paralysis, or death). If an exercise requires balance, there is a risk of falling, which could result in fracturing bones, other bodily injury, or death. I may experience muscle soreness from exercise. When using exercise equipment, such as free weights, resistance bands, weighted balls or other equipment, there is a risk that the equipment may malfunction or fail, potentially causing injury, especially if the equipment is not used correctly. I have read the previous paragraph and I know and understand the nature of, and the risks inherent to participating in, Fitness Training provided by Ariana Cesare. I understand the demands of physical activities that I may perform relative to my own physical condition and skill level, and that injuries may occur as a result of such physical activities. My participation in Fitness Training is voluntary and I knowingly assume any and all risks. Acknowledgements, Assertions, and Agreements: - I assert that I possess a sufficient level of physical fitness to perform, and have no problems which would contraindicate my safe participation in Fitness Training. - I acknowledge that Ariana Cesare recommends and encourages each client to get medical clearance from their personal physician or primary care provider before participating in Fitness Training. - I acknowledge that it is my duty to inform Ariana Cesare and cease exercise immediately should I feel any discomfort (e.g., faintness, shortness of breath, high anxiety, chest pains) at any time during Fitness Training. - I authorize Ariana Cesare, in her discretion, to administer emergency first aid, CPR, and use an AED (if in-person), to secure emergency medical care or transportation (i.e., EMS) at my expense, and to share my medical history with emergency medical personnel. - I agree that I, and not Ariana Cesare, am responsible for all costs of emergency medical care and transportation. - I agree to allow Ariana Cesare to photograph/video me for training, teaching, and advertisement purposes relating to her business of providing Fitness Training, and to use such photos/videos in any legal way Ariana Cesare deems appropriate for those purposes. - I understand that there is a risk of injury associated with any physical activity in pregnancy. - I understand that if I move with care, intelligence, courage, applied safety, and self-awareness, then my risk of injury may be reduced. Should injury occur or complications arise, Ariana Cesare is absolved of all responsibility. - I am fully responsible for the outcome of my participation in the Fitness Training services provided by Ariana Cesare. - I understand that I should report any problems or changes with my pregnancy (if applicable) to my physician and/or primary care provider and/or midwife. - I will inform Ariana Cesare of any problems or changes in my pregnancy or physical health relevant to the services provided. - I understand and acknowledge that Ariana Cesare is providing only education and instruction regarding Fitness Training as defined herein and I will not hold Ariana Cesare to any higher standard of care than that applicable to a personal trainer. Waiver of Liability for Negligence: In consideration for the use of property, facilities, and services of Ariana Cesare and/or a third party in connection with the Fitness Training today and on all future dates, I (on behalf of myself, my heirs, personal representatives, next of kin, and assigns) do hereby release, waive, and discharge Ariana Cesare from liability for any and all claims arising from the negligence of Ariana Cesare, her employees, or agents. Ariana Cesare offers Fitness Training. As a condition of my participation in any program or service provided, I understand and agree to the following. If I do not understand and agree, I will not participate in any of Ariana Cesare’s programs or services. - I attest that I am at least 18 years old, which is the minimum age required to participate in Ariana Cesare’s programs and/or services. Ariana Cesare does not intend for her programs and/or services to be used by individuals younger than 18. - The Fitness Training is intended to provide general education and personal training only and is not intended to target a specific medical or physical problem nor to treat or cure any specific medical condition.. The general education and information provided is not specific medical or physical therapy advice for me or any other individual. - Any self-assessment procedures that may be suggested by Ariana Cesare are not intended to substitute for a medical or physical therapy exam. If Ariana Cesare answers questions from me or other participants in a group session, the answers are not intended to be specific medical or physical therapy advice for me or any other participant. - I understand and agree that communications to or from Ariana Cesare, whether virtual or in-person, and whether in an individual or group session, do not establish a patient-doctor or patient-therapist relationship. I understand that the virtual and in-person Fitness Training programs and services provided by Ariana Cesare are not physical therapy interventions or advice. Accordingly, state and federal health care privacy laws (such as HIPAA) do not apply. - I acknowledge and agree that Ariana Cesare has not examined me and has no duty to examine me, and that no patient-doctor or patient-therapist relationship is established by reason of my watching or participating in Fitness Training. - Ariana Cesare recommends I obtain medical clearance from my primary care provider before participating in any virtual or in-person Fitness Training program or service. My participation in any program is solely at my own risk whether I obtain medical clearance or not. I knowingly and freely assume all such risks, both known and unknown, and assume full responsibility for my participation. - Ariana Cesare does not claim that her Fitness Training will result in any particular or specific therapeutic, aesthetic, athletic, performance, or other outcome. - I understand and agree that I have no expectation of privacy while participating in a virtual or in-person group session. As such, I should not disclose information about myself that I do not want others to know. - I understand that participation in an individual virtual Fitness Training session is not considered a “telehealth” session because Ariana Cesare is not providing medical or physical therapy interventions or advice. Accordingly, state and federal health care privacy laws (such as HIPAA) do not apply. - If I participate in a group session or program, the session or program may be recorded and posted on social media sites or this website (https://drarianacesare.wixsite.com/dr-ariana-cesare; hereafter referred to as the “Site”). Such recording may also be used for other promotional purposes or training. If I do not want my voice, image, and/or name to be recorded, I can block or turn off my webcam, mute my microphone, and remove my name from my screen. If I do not block or turn off my webcam and/or mute my microphone and/or remove my name from my screen, I thereby consent to my image and/or voice and/or name being recorded and used for any legal purpose at Ariana Cesare’s discretion without any expectation of attribution or compensation. - Product Recommendations: Ariana Cesare may recommend products she thinks may benefit me through her Fitness Training. She may have business relationships with the distributors or manufacturers of products she recommends. This means she may receive compensation if I make a purchase. By recommending a product and providing a link, Ariana Cesare is not endorsing any particular vendor and makes no claims or warranties regarding the products she recommends. I am free to obtain the products from the vendor of my choice. - I acknowledge and accept the potential technology risks of participating in an online program, including but not limited to the risk of interruption of the audio/video link, disconnection of the audio/video link, video that may not be clear, changes in quality and/or interruption of the internet connection, identity theft, and potential of unauthorized access to the session. Ariana Cesare is not responsible for these or other technology problems. - I agree, on behalf of myself and my heirs, personal representatives, next of kin, and assigns, to assume all of the foregoing risks and all injury risks and waive all liability against Ariana Cesare, her employees, volunteers, independent contractors, subcontractors, agents, assigns and other participants and sponsoring agencies (collectively “Releasees”) for any and all claims, lawsuits, damages, liability, costs and expenses, including reasonable attorneys’ fees, for any personal injury or personal property damage claims, disability, death, pregnancy loss, adverse delivery outcome, birth defects, or loss or damage to person or property, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law. Covenant Not To Sue: I will not sue Ariana Cesare and or any Releasees for any present or future claim I might have that resulted from the inherent risks of physical conditioning and training and/or the negligence of Ariana Cesare. Instead, I agree to engage in a good faith effort to mediate any such dispute or claim that might arise. Should the dispute or claim not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of or relating to this Document shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association then in effect. Indemnity: I shall defend, indemnify, and hold harmless Ariana Cesare and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees, the costs of enforcing any right to indemnification hereunder, and the cost of pursuing any insurance providers, incurred by/awarded against Ariana Cesare or any other Releasees in a final non-appealable judgment, arising out of or resulting from any claim of a third party related to my participating in Fitness Training, including any claim related to my own negligence or the negligence of Ariana Cesare or any other Releasees. Severability and Venue: This Document is intended to be as broad and inclusive as is permitted by the laws of the State of Colorado and if any portion hereof is held invalid, then the balance shall continue in full legal force and effect. I understand that if legal action is brought, the appropriate trial court for the county of Denver in the State of Colorado has sole and exclusive jurisdiction. Integration Clause: This Document is the entire agreement and understanding between me and Ariana Cesare regarding the subject matter herein and supersedes any and all previous oral or written promises or agreements. This Document may only be changed or modified by a written document executed by all parties. Disclaimer Content available on the Site and any associated social media accounts, whenever published, is not intended to be nor is it a substitute for professional medical advice, medical diagnosis, physical therapy, or medical treatment. Content on the Site concerning Fitness Training, personal training, education programs, and consultations provides information for educational and general fitness purposes only and is not intended to treat or cure any medical conditions. Content on this Site does not replace the care of a medical doctor or physical therapist. Terms and Conditions Copyright: The Site and its contents and this Document are owned and licensed by Ariana Cesare. The material contained within the Site, including all pictures, videos, artwork, and/or intellectual property of any kind, is the copyrighted work of Ariana Cesare. All rights reserved. Cancellation policy: Clients must give Ariana Cesare 24 hours advance notice of any cancellation. The full amount will be charged for any session canceled by me less than 24 hours in advance (“late cancellation”). Late cancellation may be permitted in case of an emergency as determined by Ariana Cesare in her sole discretion. Sales Policy: The purchase of products on this Site or directly from Ariana Cesare is subject to the following terms and conditions. Online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer purchased product(s) to any third party or person. All purchases made on this Site or directly from Ariana Cesare are non-refundable. Since the products made available here are intangible, Ariana Cesare cannot accept any request for refunds. In the case where a purchase error is made please contact Ariana Cesare at arianacesaretraining@gmail.com to discuss a resolution. Payments: Payments must be made directly to Ariana Cesare. Acceptable forms of payment are Venmo, Zelle, PayPal, or personal check. For individual sessions, payments must be made and received before each session begins. Payments for session packages may be made either in full or in monthly installments paid on the first day of each month. The installment payment for a given month may be canceled at any time prior to the first day of said month (i.e., prior to the due date for payment). For example, if a BumpFit package is canceled on December 31st, an installment payment will not be charged on January 1st. Return Policy: All of Ariana Cesare’s products are digital and are deemed “used” immediately upon being purchased or downloaded. I may cancel my subscription or membership at any time but will continue to have access to the materials previously purchased. This means Ariana Cesare must maintain a strict no refund policy in regards to sales of products and services. Ariana Cesare does not provide refunds or credits for any partial-month periods or unwatched/unused content. Ariana Cesare reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase, and product offerings without prior notice. Links to External Sites: This Site may link to other websites or services operated by Ariana Cesare’s affiliates or by third parties. The Site may also link to websites that carry advertisements or offer products, services, newsletters, or other content developed and maintained by third parties. Ariana Cesare does not exercise control over third party websites or services. She is not responsible for the privacy practices of any such third parties. If I leave the Site via a link, enable a third party service, or click an advertisement, I should read the applicable privacy policy of that third party’s website or service. The fact that the Site links to a website or presents a banner ad or other type of advertisement is not an endorsement of that linked or advertised website, its products and services, or its privacy or information security policies or practices. Ariana Cesare is not responsible for the content or practices of third party websites that may be linked to the Site. Ariana Cesare is also not responsible for any information that I might share with such linked websites. I should refer to each website’s respective privacy policy and practices prior to disclosing any information. Social Media: Ariana Cesare may provide social media features on her Site that enable me to share personal information with my social network(s) and to interact with the Site. My use of such features may result in the collection or sharing of personal information about me. I am encouraged to review the privacy policies and settings on the social media website(s) with which I interact. No Class Or Representative Proceedings: Class Action Waiver I agree that claims against Ariana Cesare may only be brought in my individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless I and Ariana Cesare both agree, no arbitrator or judge may consolidate more than one individual’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator or judge may award injunctive relief only in favor of the individual seeking relief and only to the extent necessary to provide relief warranted by that individual’s claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. Governing Law: This Document and any additional agreements applicable to certain services and/or products shall be construed according to the laws of Colorado. Contact Information for Complaints or Concerns: If I have any complaints or concerns about Ariana Cesare, her services, the Site, or this Document, I may email arianacesaretraining@gmail.com. Acknowledgment of Understanding I have read the entire Document and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue, and am signing the Document freely and voluntarily. To the greatest extent allowed by law in the State of Colorado, I intend my signature to be a complete and unconditional release of Ariana Cesare from all liability due to negligence by her and/or the inherent risks of the Fitness Training provided to me.