GLOBAL LIABILITY WAIVER & INFORMED CONSENT AGREEMENT
(For Clients in Canada, the U.S., Europe, and Other Jurisdictions, Including On-Site Training at Strength and Wellness Facilities)
This agreement is made between you and Matthew O’Connor, for your you participation in personal training, fitness coaching, and/or wellness consulting services, including in-person and virtual sessions.
1. ASSUMPTION OF RISK & INFORMED CONSENT
I understand that participating in fitness training, remote coaching, and nutrition consultations carries inherent risks, including but not limited to:
Physical risks: Injuries such as muscle strains, joint or spinal injuries, cardiovascular events, heat-related illness, paralysis, permanent disability or death.
Nutritional risks: Allergic reactions, intolerances, or adverse health effects from dietary recommendations.
Laboratory testing risks: Misinterpretation, unexpected results, or inaccuracies from lab tests provided by third-party companies (e.g., Nordic Laboratories, Zinzino LLC, TruDiagnostics).
I voluntarily assume all risks associated with these services and acknowledge that any laboratory test results are provided by third-party companies and do not constitute a medical diagnosis. Any discussions regarding lab data are for informational purposes only and do not replace professional medical or dietetic consultation. Clients are responsible for consulting a licensed practitioner regarding their test results before making any changes to their health regimen and understand that results from fitness programs, dietary recommendations, and lab testing are not guaranteed. I also acknowledge that remote consultation services, including virtual wellness consultations, are not a substitute for medical care. Clients should seek professional healthcare services when necessary.
2. MEDICAL DISCLAIMER & CLIENT RESPONSIBILITY
I acknowledge that:
· Matthew O’Connor is not a licensed physician, dietitian, or medical professional and does not provide individualized dietary plans for the treatment, prevention, or management of any medical condition. Any nutrition-related discussions are for general wellness education and do not replace consultations with a registered dietitian or healthcare provider
· All services provided are for general wellness and education purposes only and do not constitute medical advice, diagnosis, or treatment.
· I am responsible for consulting a licensed healthcare provider before making any significant changes to my exercise, nutrition, or health regimen.
3. PREMISES LIABILITY & EQUIPMENT USE
I acknowledge that if I participate in any in-person training sessions at Matthew O’Connor’s home gym or any other facility operated by Strength and Wellness, I do so entirely at my own risk. I understand that:
· The premises, including gym flooring, equipment, and facilities, may pose risks of injury, including but not limited to slips, falls, improper equipment use, or unforeseen hazards.
· Strength and Wellness and Matthew O’Connor are not responsible for injuries resulting from the use, misuse, or malfunction of gym equipment.
· I assume full responsibility for my actions on the premises and agree to waive any claims related to injuries, damages, or losses occurring at the training facility, including claims arising from ordinary negligence but excluding gross negligence or willful misconduct.
3.1 SAFETY RULES FOR ON-SITE TRAINING
I agree to follow all safety protocols set by Strength and Wellness, including but not limited to:
o Proper Use of Equipment: I will only use equipment as instructed and under supervision.
o Spotting & Assistance: I will request assistance when lifting heavy weights or using unfamiliar equipment.
o Footwear & Attire: I will wear appropriate footwear and clothing for training.
o Premises Conduct: I will maintain a clean and safe training space and report any hazards immediately.
o Medical Clearance: I confirm that I have no medical conditions that would prevent me from safely participating in physical exercise.
Failure to follow these safety rules may result in termination of training sessions.
4. WAIVER OF LIABILITY & INDEMNIFICATION
To the fullest extent permitted by law, I, on behalf of myself, my heirs, assigns, and legal representatives, hereby:
(a) Waive, release, and discharge Matthew O’Connor and Strength and Wellness, including employees, contractors, and representatives, from any and all claims, liabilities, or causes of action arising from participation in these services, including claims arising from ordinary negligence but excluding gross negligence or willful misconduct.
(b) Agree to indemnify and hold harmless Matthew O’Connor and Strength and Wellness from any claims, damages, or legal fees resulting from my participation in these services.
5. GOVERNING LAW & INTERNATIONAL ENFORCEABILITY
This agreement is governed by the laws of Ontario, Canada.
Any disputes shall be resolved through binding arbitration in Ontario, Canada, unless prohibited by my local jurisdiction.
If any foreign court does not uphold Ontario law, this waiver shall apply to the fullest extent permitted by the client’s local laws.
6. DATA PRIVACY & INTERNATIONAL COMPLIANCE
For clients in the European Union (EU):
I understand that my personal data is protected under GDPR regulations, and I consent to the processing and storage of my data by Strength and Wellness.
I acknowledge that telehealth services may involve cross-border data transfers and consent to such transfers.
For clients in the United States:
I understand that Strength and Wellness is a Canadian-based business and does not fall under HIPAA regulations, but reasonable security measures will be taken to protect my data.
If my state requires telehealth providers to be licensed, I confirm that I am receiving general wellness coaching and not regulated medical services.
7. SEVERABILITY & FINAL AGREEMENT
If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
I confirm that I have carefully read and fully understand this agreement and acknowledge that by signing this document, I am waiving certain legal rights, including my right to sue for negligence.