EMS Training
Terms & Conditions
Terms & Conditions
CERTIFICATION, ACKNOWLEDGEMENT, WAIVER AND RELEASE
I, the undersigned, wish to participate in The Studio EMS workouts involving equipment (the “Equipment”) belonging to, and services (the “Services”) provided by, The Studio EMS, LLC (the “Company”), which operates on-location private training sessions (the “Premises”). The Equipment Includes one or more Electrical Muscle Stimulation (“EMS”) Devices (the “EMS Devices”), and related fitness and other equipment. The Services may include direction in workouts and use of the Equipment by one (1) or more The Studio EMS personal trainers (the “Trainers”) and other services provided by the Company. In consideration of, and as a condition to, my participation in The Studio EMS private training sessions and use of the Equipment, and the Company’s provision of the Services, I certify, acknowledge and agree to the following:
1. MEDICAL CONDITIONS LIMITING USE OF EMS
The training with the Company, using the Equipment or obtaining the Services may not be performed in the case of the following Restricted Conditions:
The client agrees to inform The Studio EMS if any of these conditions may apply to them. The Studio EMS recommends consulting with your physician prior to starting any new workout routine.
2. ACKNOWLEDGMENTS AND AGREEMENTS
I acknowledge and agree to all of the following:
There are risks and hazards inherent in any physical exercise, and there are risks specific to The Studio EMS workouts, the Equipment and/or Services. I acknowledge and agree that I have performed an adequate investigation into, and fully informed myself, of all such risks. My participation in The Studio EMS exercise activities and EMS workouts is voluntary, I am fully aware of the potential associated danger, and assume all associated risk of injury, including death. Stimulation on the neck could cause severe muscle spasms, resulting in closure of my airways, difficulty in breathing or adverse effects on heart rhythm or blood pressure. Electronic monitoring equipment (for example, cardiac monitors, ECG alarms, and similar devices) may not operate properly and/or reliably when I am using the Equipment. The EMS Devices and/or certain aspects of them, are new technology, and their long-term effects are not yet known. I assume all risk in relation to such effects, and will not look to any of the Released Parties (defined below) in relation to such effects. I acknowledge that EMS does not, in and of itself, cause weight loss. No information provided by The Studio EMS, including without limitation weight, muscle mass, body mass index, segmental lean analysis, or any other body composition or other results constitutes a representation or warranty as to the suitability or effectiveness of The Studio EMS workouts, the Equipment or the Services, for my personal health. I will look only to my medical professionals for opinions on such suitability or effectiveness.
If I experience unusual symptoms (including without limitation pain or discomfort of any kind) during participation in a The Studio EMS workout or use of the Equipment, I will immediately stop the session and I will consult a physician. If I experience pain or discomfort before or after participating in a The Studio EMS workout, using the Equipment, or obtaining the Services, I will cease activity until I have consulted with a physician. I understand and agree that, if The Studio EMS workout intensity is increased, it should be increased gradually and only following appropriate rest periods. If at any time I am in the regular care of a physician, I and she or he have consulted, or will consult at my next visit, regarding participation in The Studio EMS workouts, use of the Equipment and obtaining Services, and I will follow her or his advice in that respect. I will comply with all rules and regulations regarding participation in The Studio EMS workouts, use of the Equipment and obtaining the Services which may be imposed from time to time by
the Studio. No statement by a Trainer, or any other Company personnel, and no statement on the Company’s website or other written material propounded by the Company, shall be construed by me as medical advice or a substitute therefore. I will look only to my physician and/or other medical professionals for such advice, it being understood and agreed that neither the Trainers, the Company, nor its owners, agents, franchisor or affiliates are medical professionals. For purposes of this Certification, Acknowledgment and Release, the term “franchisor” shall include without limitation any franchisor, sub-franchisor, master-franchisor, area developer and/or any other party through whom the Company received rights to operate under the The Studio EMS brand.
The Company is not the manufacturer of the Equipment, and shall not have responsibility for defects in the same, or
any injuries (including death) that they may cause. I will look solely to the manufacturer of such equipment in case of such defects.
3. RELEASE; COVENANT NOT TO SUE; INDEMNITY
Equipment and the Company’s provision of the Services, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the Company and its insurers, employees, consultants, agents, officers, directors, owner, officers, franchisor and associates (collectively, the “Released Parties”), shall not be liable for any damages arising from personal injuries (including death) sustained by me in, on, or about the Premises, or as a result of participation in The Studio EMS workouts, the use of the Equipment, or any Release Party’s provision of the Services, regardless of whether such injuries result, in whole or in part, from the negligence of the Released Parties, or any of them. By the execution of this document, I accept and assume full responsibility for any and all injuries, damages (both economic and noneconomic), and losses of any type, which may occur to me and/or Premises during participation in The Studio EMS workouts or use of the Equipment, or any Released Party’s provision of the Services, and I hereby fully and forever release and discharge the Released Parties from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from, related to and/or arising out of The Studio EMS workouts, the Equipment, the Services or the Premises, or any part thereof. The claims released by this Section 3.1 are referred to as the “Released Claims.” Covenant not to Sue. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against the Released Parties, or any of them, nor join or assist in the prosecution of any claim for money or other damages against the Released Parties, or any of them, for any of the Released Claims. I hereby waive any right I may have to do so. This means that I cannot sue to hold any of the Released Parties responsible for any Released Claim. I waive my insurers' right to make a claim against any of the Released Parties based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against any of the Released Parties.
Indemnity. I will defend, indemnify, hold harmless and reimburse the Released Parties, and each of them, from and for all damages, losses, costs, or expenses (including legal fees and costs) incurred or paid by any of them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with my participation in The Studio EMS workouts or use of the Equipment or Premises.
4. CANCELLATION POLICY
I understand that The Studio EMS operates on a scheduled appointment basis for all private training sessions. Therefore, when cancelling an appointment, I am required to provide MORE than 24-hour notice, for which no additional levy shall be incurred. However, if I cancel a session LESS than 24 hours to the scheduled time, I shall be charged in full for that training session. Should my personal trainer cancel a session with LESS than 24-hour prior notice AND cannot provide a replacement trainer, I shall be entitled to one free session upon rescheduling. I understand that the free session must be redeemed within 7 days of cancelling the previous one or shall be forfeited. However, should my personal trainer cancel a session with MORE than 24-hour notice, I shall be entitled to no free session. I understand that The Studio EMS recommends that all canceled sessions be rescheduled to ensure consistency and fitness progress.
5. GENERAL PROVISIONS
5.1 This document supersedes all prior communications related to the subject matter, and I acknowledge and agree that this document shall control over any contrary or additional representations or statements to me or which I have read or heard related to participation in The Studio EMS workouts, use of the Equipment or Premises, or provision of the Services.
5.2 This Certification, Acknowledgement, Waiver and Release shall apply to all future participation in The Studio EMS workouts, use of the Equipment and Premises, and provision of the Services, unless and until it is modified or rescinded in a written instrument executed by an authorized representative of the Studio.
5.3 This document shall be governed and construed in accordance with the laws of the State of California, without regard to conflict of law principles, and any dispute related to this document shall be decided in courts located in Los Angeles County, California.
I, the undersigned, wish to participate in The Studio EMS workouts involving equipment (the “Equipment”) belonging to, and services (the “Services”) provided by, The Studio EMS, LLC (the “Company”), which operates on-location private training sessions (the “Premises”). The Equipment Includes one or more Electrical Muscle Stimulation (“EMS”) Devices (the “EMS Devices”), and related fitness and other equipment. The Services may include direction in workouts and use of the Equipment by one (1) or more The Studio EMS personal trainers (the “Trainers”) and other services provided by the Company. In consideration of, and as a condition to, my participation in The Studio EMS private training sessions and use of the Equipment, and the Company’s provision of the Services, I certify, acknowledge and agree to the following:
1. MEDICAL CONDITIONS LIMITING USE OF EMS
The training with the Company, using the Equipment or obtaining the Services may not be performed in the case of the following Restricted Conditions:
- Acute influence of alcohol, drugs, narcotics, and/or painkillers
- Recent operations
- Cardiac arrhythmias
- Active medical implants
- Epilepsy
- Seizures
- Pregnancy or suspected pregnancy
- Severe circulatory disorders
- Arterial circulatory disorders
- Strong bleeding tendencies (hemophilia)
- Bleeding
- Abdominal wall hernia
- Inguinal hernia
- Tuberculosis
- Tumor diseases
- Arteriosclerosis in advanced stage
- Severe neurological disorders
- Diabetes mellitus
- Febrile diseases
- Acute bacterial or viral infections
- Liver diseases
- Kidney diseases
- Cardiovascular diseases
- Coronary heart diseases
- Infected or wounded areas of the skin
- Skin cancer
- Breast cancer or other breast disease
- Cardiac Stent
- Heart or coronary disease, Blood Clots, Blood Clotting Disorders
- Rhabdomyolysis
2. ACKNOWLEDGMENTS AND AGREEMENTS
I acknowledge and agree to all of the following:
There are risks and hazards inherent in any physical exercise, and there are risks specific to The Studio EMS workouts, the Equipment and/or Services. I acknowledge and agree that I have performed an adequate investigation into, and fully informed myself, of all such risks. My participation in The Studio EMS exercise activities and EMS workouts is voluntary, I am fully aware of the potential associated danger, and assume all associated risk of injury, including death. Stimulation on the neck could cause severe muscle spasms, resulting in closure of my airways, difficulty in breathing or adverse effects on heart rhythm or blood pressure. Electronic monitoring equipment (for example, cardiac monitors, ECG alarms, and similar devices) may not operate properly and/or reliably when I am using the Equipment. The EMS Devices and/or certain aspects of them, are new technology, and their long-term effects are not yet known. I assume all risk in relation to such effects, and will not look to any of the Released Parties (defined below) in relation to such effects. I acknowledge that EMS does not, in and of itself, cause weight loss. No information provided by The Studio EMS, including without limitation weight, muscle mass, body mass index, segmental lean analysis, or any other body composition or other results constitutes a representation or warranty as to the suitability or effectiveness of The Studio EMS workouts, the Equipment or the Services, for my personal health. I will look only to my medical professionals for opinions on such suitability or effectiveness.
If I experience unusual symptoms (including without limitation pain or discomfort of any kind) during participation in a The Studio EMS workout or use of the Equipment, I will immediately stop the session and I will consult a physician. If I experience pain or discomfort before or after participating in a The Studio EMS workout, using the Equipment, or obtaining the Services, I will cease activity until I have consulted with a physician. I understand and agree that, if The Studio EMS workout intensity is increased, it should be increased gradually and only following appropriate rest periods. If at any time I am in the regular care of a physician, I and she or he have consulted, or will consult at my next visit, regarding participation in The Studio EMS workouts, use of the Equipment and obtaining Services, and I will follow her or his advice in that respect. I will comply with all rules and regulations regarding participation in The Studio EMS workouts, use of the Equipment and obtaining the Services which may be imposed from time to time by
the Studio. No statement by a Trainer, or any other Company personnel, and no statement on the Company’s website or other written material propounded by the Company, shall be construed by me as medical advice or a substitute therefore. I will look only to my physician and/or other medical professionals for such advice, it being understood and agreed that neither the Trainers, the Company, nor its owners, agents, franchisor or affiliates are medical professionals. For purposes of this Certification, Acknowledgment and Release, the term “franchisor” shall include without limitation any franchisor, sub-franchisor, master-franchisor, area developer and/or any other party through whom the Company received rights to operate under the The Studio EMS brand.
The Company is not the manufacturer of the Equipment, and shall not have responsibility for defects in the same, or
any injuries (including death) that they may cause. I will look solely to the manufacturer of such equipment in case of such defects.
3. RELEASE; COVENANT NOT TO SUE; INDEMNITY
Equipment and the Company’s provision of the Services, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the Company and its insurers, employees, consultants, agents, officers, directors, owner, officers, franchisor and associates (collectively, the “Released Parties”), shall not be liable for any damages arising from personal injuries (including death) sustained by me in, on, or about the Premises, or as a result of participation in The Studio EMS workouts, the use of the Equipment, or any Release Party’s provision of the Services, regardless of whether such injuries result, in whole or in part, from the negligence of the Released Parties, or any of them. By the execution of this document, I accept and assume full responsibility for any and all injuries, damages (both economic and noneconomic), and losses of any type, which may occur to me and/or Premises during participation in The Studio EMS workouts or use of the Equipment, or any Released Party’s provision of the Services, and I hereby fully and forever release and discharge the Released Parties from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from, related to and/or arising out of The Studio EMS workouts, the Equipment, the Services or the Premises, or any part thereof. The claims released by this Section 3.1 are referred to as the “Released Claims.” Covenant not to Sue. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against the Released Parties, or any of them, nor join or assist in the prosecution of any claim for money or other damages against the Released Parties, or any of them, for any of the Released Claims. I hereby waive any right I may have to do so. This means that I cannot sue to hold any of the Released Parties responsible for any Released Claim. I waive my insurers' right to make a claim against any of the Released Parties based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against any of the Released Parties.
Indemnity. I will defend, indemnify, hold harmless and reimburse the Released Parties, and each of them, from and for all damages, losses, costs, or expenses (including legal fees and costs) incurred or paid by any of them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with my participation in The Studio EMS workouts or use of the Equipment or Premises.
4. CANCELLATION POLICY
I understand that The Studio EMS operates on a scheduled appointment basis for all private training sessions. Therefore, when cancelling an appointment, I am required to provide MORE than 24-hour notice, for which no additional levy shall be incurred. However, if I cancel a session LESS than 24 hours to the scheduled time, I shall be charged in full for that training session. Should my personal trainer cancel a session with LESS than 24-hour prior notice AND cannot provide a replacement trainer, I shall be entitled to one free session upon rescheduling. I understand that the free session must be redeemed within 7 days of cancelling the previous one or shall be forfeited. However, should my personal trainer cancel a session with MORE than 24-hour notice, I shall be entitled to no free session. I understand that The Studio EMS recommends that all canceled sessions be rescheduled to ensure consistency and fitness progress.
5. GENERAL PROVISIONS
5.1 This document supersedes all prior communications related to the subject matter, and I acknowledge and agree that this document shall control over any contrary or additional representations or statements to me or which I have read or heard related to participation in The Studio EMS workouts, use of the Equipment or Premises, or provision of the Services.
5.2 This Certification, Acknowledgement, Waiver and Release shall apply to all future participation in The Studio EMS workouts, use of the Equipment and Premises, and provision of the Services, unless and until it is modified or rescinded in a written instrument executed by an authorized representative of the Studio.
5.3 This document shall be governed and construed in accordance with the laws of the State of California, without regard to conflict of law principles, and any dispute related to this document shall be decided in courts located in Los Angeles County, California.
