Assumption of Risk, Release and Waiver of Liability

Barbells and Bows LLC Paris Wright, NASM Certified Personal Trainer parisnoir@barbells-and-bows.com

PLEASE READ THIS ENTIRE DOCUMENT BEFORE YOU SIGN IT. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE. IF ANYTHING IN IT IS UNCLEAR, ASK ME BEFORE SIGNING. YOU ARE FREE TO HAVE YOUR OWN ATTORNEY REVIEW IT.

1. Who this agreement is between

This agreement is between:

Barbells and Bows LLC, an Arizona limited liability company, and Paris Wright individually, along with any employees, independent contractors, agents, members, and insurers of Barbells and Bows LLC (together, "Barbells and Bows," "we," or "us");

and

you, the person signing below ("you" or "Client"), age 18 or older.

This agreement is for adults only. If the participant is under 18, do not sign this form. A separate agreement signed by a parent or legal guardian is required.

2. What this agreement covers

This agreement applies to all personal training and fitness services Barbells and Bows provides to you, whenever and wherever they happen, including:

In-person training sessions at 5 Star Fitness, 2012 N Scottsdale Rd, Scottsdale, AZ 85257;
In-person training at any other gym, park, studio, your home, or other location we agree on;
Remote and online coaching, including programs, workouts, video, messaging, and form review delivered through the Trainerize app or any other platform;
Fitness assessments, movement screens, and progress testing;
Any written or verbal advice, program, or general nutrition guidance I give you as part of coaching.

It applies to your first session and to every session after that, until you cancel it in writing. It also applies if you take a break and come back, unless we have signed something new.

3. 5 Star Fitness is a separate business — read this carefully

Barbells and Bows LLC does not own, lease, operate, manage, control, inspect, maintain, or staff 5 Star Fitness. 5 Star Fitness is an independent third party. I train clients there as a guest or under a separate arrangement with that facility.

That means:

This agreement does not release, cover, or say anything about 5 Star Fitness, its owners, employees, or insurers. It is not a waiver in their favor and it gives them no protection. Any claim you might have against 5 Star Fitness is unaffected by this document.
This agreement does not cover the condition of the gym's premises, equipment, or facilities — the floors, the racks, the plates, the machines, the cardio equipment, the locker rooms, the showers, the parking lot, the lighting, the air conditioning, cleanliness, or security. Those are the gym's responsibility, not mine, and I have no ability to repair, replace, or modify them.
You will almost certainly have to sign 5 Star Fitness's own membership agreement and waiver. That is a separate document, between you and them. This agreement does not replace it, satisfy it, modify it, or limit it, and their document does not replace or modify this one. Read theirs on its own terms.
I cannot answer questions about the gym's policies, hours, billing, membership, or insurance. Direct those to 5 Star Fitness.

I will do what any reasonable trainer would do: look at the equipment we are about to use, and not put you on something that looks obviously broken or unsafe. But I am not the gym's safety inspector and I do not control that building.

You confirm you have read Section 3 by ticking that acknowledgment in the form at the bottom of this page.

4. The risks — what can actually go wrong

Strength training and physical exercise carry real risks. Serious injury is uncommon, but it is possible, and it is possible even when everything is done correctly — when the programming is appropriate, the coaching is careful, and you follow instructions exactly. Some risk cannot be coached away.

I want you to understand specifically what those risks are:

Musculoskeletal injury

Muscle strains, pulls, and tears
Ligament sprains and tears, including knee, ankle, and shoulder
Tendon injury, including tendinitis and tendon rupture
Back injury, including muscle spasm, disc injury, and nerve irritation
Joint injury, including dislocation, labral tears, and cartilage damage
Bone fractures and stress fractures
Bruises, cuts, scrapes, blisters, and calluses, including from barbell knurling, plates, and equipment
Crush injuries or fractures from a dropped barbell, dumbbell, plate, or kettlebell, or from a failed lift
Injury from falling, tripping, slipping, or losing balance
Aggravation or re-injury of a condition you already have, including one you did not know about

Cardiovascular and systemic

Fainting, dizziness, or lightheadedness
Abnormal blood pressure response, including sharp spikes during heavy lifting or the Valsalva maneuver
Abnormal heart rhythm
Heart attack, stroke, or cardiac arrest — rare, but possible, particularly if you have an undiagnosed condition
Heat illness, heat exhaustion, heat stroke, and dehydration, which are a genuine concern in Arizona
Rhabdomyolysis, a serious breakdown of muscle tissue that can damage the kidneys, most often after unusually intense or unfamiliar training
Hernia
Nausea or vomiting
Hypoglycemia, if you are diabetic or have not eaten appropriately

Other

Severe delayed-onset muscle soreness that limits normal activity for several days
Emotional or psychological distress
Injury caused by other people at the gym, or by equipment failure
Injury while traveling to or from a session
Permanent disability, paralysis, and death

Specific to remote and online coaching: When I coach you through the Trainerize app, I am not physically present. I cannot spot you, catch a bar, correct your position mid-rep, notice that something looks wrong, stop a set, or help you if you are hurt. I am relying entirely on what you tell me and what I can see in the video you send. You are solely responsible for the safety of your training space, the condition of any equipment you use, having a spotter or safety bars when you need one, and having someone reachable in an emergency. Risks in that setting are higher, and you accept that.

None of these lists is complete. There are risks that are not listed here, including risks that no one can anticipate.

5. Assumption of risk

You have read Section 4. You understand those risks. You choose to participate anyway, voluntarily, with full knowledge of the danger, and you accept and assume all of those risks — both the ones listed and the ones that are not, both the ones that are obvious and the ones that are not.

You confirm that:

No one is requiring you to do this. Participation is your free choice.
You are in what you believe to be adequate physical condition to participate, and you have disclosed everything relevant on your Health History and Physical Activity Readiness Screen.
You know your own body better than I do. You are responsible for stopping, speaking up, or refusing any exercise that does not feel right. I will never be upset with you for stopping. I would much rather you stop.
You understand that no exercise program can guarantee a result, and that I have made no promise about weight, strength, appearance, injury prevention, or health outcome.

6. Release and covenant not to sue

In plain terms: you are agreeing that if you are injured because I made an ordinary mistake — the kind of mistake a careful person can make — you will not sue me for it. You are not giving up your rights if I do something far worse than that. Section 7 spells out exactly what you keep.

THE RELEASE. In exchange for being allowed to train with Barbells and Bows, you release, waive, and discharge Barbells and Bows LLC, Paris Wright, and their employees, independent contractors, agents, members, and insurers from any and all claims, demands, causes of action, damages, losses, costs, and expenses of any kind — including claims for personal injury, illness, disability, death, and property damage — that arise out of or relate to your participation in our services, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY OUR OWN ORDINARY NEGLIGENCE.

This applies whether the injury happens during a session, after a session, at 5 Star Fitness, at another location, or while following a program delivered remotely.

COVENANT NOT TO SUE. You also agree not to file a lawsuit, claim, or legal action against Barbells and Bows or Paris Wright for anything covered by the release above. If you do, and the release applies, you agree to be responsible for the reasonable attorneys' fees and costs we incur in defending it.

We are explicitly telling you that "negligence" is included. Under Arizona law, a release only covers a business's own carelessness if it says so clearly and explicitly. That is exactly what this section is doing, and that is why the word "negligence" appears in capital letters above.

You confirm you understand you are releasing claims for ordinary negligence by ticking that acknowledgment in the form at the bottom of this page.

7. What you are NOT giving up

This is not a blank check, and Arizona law does not allow it to be one.

Nothing in this agreement releases, waives, limits, or applies to:

Gross negligence — conduct showing reckless indifference or an utter disregard for your safety;
Recklessness;
Willful, wanton, or intentional misconduct;
Any conduct that Arizona law does not permit to be released in advance.

If any language anywhere in this agreement is ever read as attempting to release any of that conduct, that language is void and unenforceable, and the rest of this agreement still stands. It was never my intention to ask you to give up those rights, and I could not do it if I tried.

You also keep every right you have against any other person or business, including 5 Star Fitness, equipment manufacturers, other gym members, and anyone else. This agreement is only between you and Barbells and Bows.

8. Indemnification

In plain terms: if someone else sues me because of something you did, you cover that cost — but not if the problem was my own serious misconduct.

You agree to indemnify, defend, and hold harmless Barbells and Bows LLC and Paris Wright from any claim, loss, liability, judgment, or expense (including reasonable attorneys' fees) brought by any third party — including a family member, spouse, estate, heir, or another gym member — that arises out of:

your participation in our services;
your own negligent or intentional acts; or
any false, incomplete, or outdated health information you gave us.

This indemnity does not apply to any claim arising from our own gross negligence, recklessness, or willful, wanton, or intentional misconduct.

9. Your health information is truthful and complete

You represent and confirm that:

The information you gave on the Health History and Physical Activity Readiness Screen is truthful, accurate, and complete, and you did not leave anything out.
If that form required you to obtain a physician's clearance, you have obtained it and given us a copy, and you have disclosed every restriction your provider gave.
You know of no medical condition that would make exercise unsafe for you that you have not told us about.
You will tell us promptly if anything changes — a new diagnosis, a new or changed medication, a new injury or symptom, a pregnancy, or a new restriction from any health provider — and you understand training may pause until it is sorted out.

You understand that I build your entire program on what you tell me, and that incomplete or inaccurate health information is the single most likely way you get hurt.

You understand that Paris Wright is a certified personal trainer and not a physician, physical therapist, registered dietitian, chiropractor, psychologist, or any other licensed health care provider; that nothing she provides is medical advice, diagnosis, treatment, physical therapy, or medical nutrition therapy; and that you should consult your own physician about any medical question or concern.

10. Emergency medical treatment

If you appear to be experiencing a medical emergency and you cannot give consent yourself, you authorize Paris Wright, facility staff, and emergency responders to:

call 911 or otherwise summon emergency medical services;
administer first aid, CPR, or use an AED, to the extent they are trained and willing to do so; and
arrange for you to be transported to a hospital or medical facility.

You understand that:

Paris Wright is not a medical professional and is under no obligation to provide medical treatment beyond calling for help. Whether to attempt first aid or CPR is a judgment call in the moment, and choosing to help — or choosing to wait for trained responders — is not something you may bring a claim over, except in the case of gross negligence, recklessness, or willful misconduct.
You are financially responsible for any emergency care, ambulance transport, and medical treatment you receive.
You authorize us to give emergency responders the health information on file, and to contact your listed emergency contact.

If you have any objection to emergency treatment on religious or other grounds, tell us in the health-notes box on the form at the bottom of this page.

11. Photos, video, and social media — OPTIONAL

This section is completely optional and completely separate from everything above.

You do not have to agree to this. If you decline, nothing changes. You will receive exactly the same training, the same programming, the same attention, and the same pricing. Declining will never be held against you, and you will never be asked again unless you bring it up. Please do not feel any pressure here.

Please check ONE:

YES — I consent. I give Barbells and Bows LLC permission to photograph, film, and record me during training, and to use those images, video, audio, and my likeness and first name in marketing, on the Barbells and Bows website, and on social media, without payment to me.

NO — I do not consent. Do not photograph, film, or record me, and do not use my image or likeness for any promotional purpose.

If you checked YES, you may also limit it:

You may use my image, but do not use my name.
You may use my image, but not my face (back, hands, silhouette, or cropped only).
Please ask me each time before posting anything of me.
Other limits — tell us in the notes box on the form at the bottom of this page.

You can change your mind at any time, in writing or by text or email to parisnoir@barbells-and-bows.com. If you withdraw consent, I will stop using new material and will remove what I reasonably can from platforms I control. I cannot always retrieve content that has already been shared, reposted, or downloaded by other people, and I cannot recall material already distributed.

Form check-ins and coaching videos you send me privately are not covered by this section. Those are used only to coach you, and they will never be posted publicly unless you separately and specifically say yes to that particular clip.

You record this choice, and any limits, in the photo and video question on the form at the bottom of this page.

Leaving this section blank means NO.

12. Other terms

a. Governing law. This agreement is governed by the laws of the State of Arizona, without regard to conflict-of-law rules.

b. Venue. Any legal action relating to this agreement will be brought in the state or federal courts located in Maricopa County, Arizona, and you agree those courts have jurisdiction over you.

c. Severability. If a court decides that any part of this agreement is invalid or unenforceable — including any part of the release — that part is removed and the rest of the agreement remains in full force. If a provision can be enforced in a narrower form, it should be enforced to the maximum extent Arizona law allows.

d. Who else this binds. This agreement binds you, and also your heirs, spouse, family members, personal representatives, executors, administrators, and estate.

e. Duration. This agreement takes effect on the date you sign it and continues for as long as you receive services from Barbells and Bows, including after any break in training. It survives the end of our working relationship as to anything that happened while it was in effect. You may end it going forward by giving written notice, which also ends your training.

f. Entire agreement. This document and the Health History and Physical Activity Readiness Screen are the complete agreement between us about liability and health screening, and they replace any earlier verbal or written understanding on those subjects. Any change must be in writing and signed by both of us. (Separate documents may cover pricing, scheduling, and cancellation.)

g. No assumption of the gym's obligations. Nothing in this agreement makes Barbells and Bows responsible for the acts, omissions, premises, or equipment of 5 Star Fitness or any other facility.

h. Insurance. Barbells and Bows carries or is in the process of obtaining professional and general liability insurance. That insurance is for the business's protection, not yours. You are strongly encouraged to carry your own health insurance. We do not provide health, accident, or disability insurance for you, and we are not responsible for your medical costs.

i. Assignment. You may not transfer your rights or obligations under this agreement. We may assign this agreement to a successor of the business.

13. Acknowledgment and signature

You sign this agreement using the form at the bottom of this page. When you sign it, you confirm all of the following:

I have read this entire agreement. I was given as much time as I wanted and had the chance to ask questions, and any questions I asked were answered.
I understand this is a release of legal rights, including the right to sue Barbells and Bows LLC and Paris Wright for ordinary negligence, and that I am signing it voluntarily.
I understand that I am not releasing claims for gross negligence, recklessness, or willful, wanton, or intentional misconduct.
I understand that 5 Star Fitness is a separate business, that this agreement does not protect them or cover their premises, and that I may need to sign their own separate waiver.
I understand I was free to have my own attorney review this before signing, and I either did so or chose not to.
I am 18 or older and legally able to sign this.
I am not signing this while impaired by alcohol, drugs, or medication.
I understand the photo and video section in Section 11 is optional, and that my choice there does not affect my training in any way.