Release of Liability, Assumption of Risk and Informed Consent

This Release of Liability, Assumption of Risk, and Informed Consent (“Waiver”) applies to all training, coaching, and programming services provided by Tom Staley (“Coach”) under Staley Fitness. All services are provided virtually, and the Coach is not physically present during training sessions. Acceptance of this Waiver is provided by the Client (“Participant”) through a separate electronic acknowledgment and signature process required prior to participation in any Staley Fitness services.

1. Assumption of Risk

I understand that participation in exercise, training, and coaching activities carries inherent risks, including but not limited to musculoskeletal injury, cardiovascular events, or other unforeseen complications. These risks may include, without limitation, illness, permanent disability, paralysis, and death. I acknowledge that I am voluntarily participating and assume full responsibility for any risks or outcomes that may arise from my participation. I knowingly and freely assume all such risks, whether known or unknown, even if arising from the negligence of the Coach (except as otherwise stated in this Waiver).

2. Educational Purpose

I acknowledge that all services provided by Staley Fitness are offered for educational and informational purposes only. I understand that the Coach is not a medical professional and that no part of these services constitutes medical advice, diagnosis, or treatment. I am responsible for consulting with my physician or qualified healthcare provider regarding any medical conditions or concerns prior to participation.

3. Release of Liability

I hereby release, waive, and discharge the Coach from any and all claims, liabilities, demands, or causes of action arising from participation in activities or from the Coach’s instruction, supervision, or programming, except in cases of gross negligence or willful misconduct. This release includes, without limitation, any claims arising from the Coach’s own negligence. I understand that by signing this Waiver, I am giving up certain legal rights, including the right to sue.

4. Personal Responsibility

I represent that I am physically capable of participating in fitness activities and that I have disclosed to the Coach any medical conditions, injuries, or limitations that could affect my participation. I understand that I am responsible for monitoring my own condition during training and for immediately informing the Coach of any discomfort, pain, or adverse symptoms. I understand that the Coach does not control my training environment, equipment, or form, and I am solely responsible for ensuring that my exercise space and equipment are safe and appropriate. I understand that I should stop any activity immediately if I experience pain, dizziness, faintness, shortness of breath, chest pain, or any unusual symptoms. I understand that results cannot be guaranteed and that individual outcomes vary based on personal effort and adherence.

5. Emergency Medical Care 

In the event of a medical emergency during a virtual training session, I understand that the Coach is not physically present and cannot provide medical assistance. I authorize the Coach, if reasonably possible, to contact emergency services or request that someone present with me do so. I understand and agree that I am solely responsible for any medical costs incurred.

6. Indemnification

I agree to indemnify and hold harmless the Coach from any claims, damages, losses, liabilities, or expenses (including reasonable attorneys’ fees) asserted by third parties arising out of or related to my participation in training activities, except to the extent caused by the Coach’s gross negligence or willful misconduct.

7. Governing Law; Arbitration; Confidentiality

This Waiver shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts. Any dispute, claim, or controversy arising out of or relating to this Waiver or the services provided by the Coach shall be resolved by final and binding arbitration, administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules.

The arbitration shall be conducted on an individual basis only and not as a class, collective, or representative action.

Unless otherwise required by law, the parties agree that the arbitration proceeding, including all filings, testimony, evidence, and the arbitration award, shall be confidential. Nothing in this section shall prevent either party from:
(i) seeking legal or medical advice;
(ii) communicating with insurers;
(iii) complying with legal or regulatory obligations; or
(iv) enforcing or challenging the arbitration award in court.

Either party may bring an individual claim in small claims court as an alternative to arbitration, if permitted by law.

The arbitration may be conducted remotely and judgment on the arbitration award may be entered in any court of competent jurisdiction.

8. Severability

If any provision of this Waiver is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.