Ember Performance Training

Waiver and Terms

The client and/or client’s parents certifies the following by entering into this contract:

I, the undersigned, voluntarily desire to participate in an exercise program with Hannah Cackowski Sports Performance LLC. I understand the inherent risks of participating in an exercise program and the increased workload on my cardiopulmonary, skeletal, and muscular systems due to exercise. Although medical emergencies are rare, I realize that medical emergencies and complications are possible. I, the undersigned, am accepting these risks prior to engaging in an exercise program.

I confirm that I am healthy enough to engage in strenuous exercise training and am suffering from no injuries or illnesses that strenuous exercise training would aggravate or worsen to lead to further injury or death. I confirm that I am not taking any medications or supplements that would in any way cause potential injuries or illness to a person engaged in strenuous exercise training.

I acknowledge that I have been advised to consult with a physician before starting this program and to provide a doctor's clearance if I have any pre-existing medical conditions. I understand that my participation in this program is at my own risk and that I am solely responsible for any health complications that may arise.

I consent to and permit emergency medical treatment in the event of illness or injury, including transportation to a medical facility, and will be responsible for any and all related costs. In the event of an emergency during a training session, I understand that the trainer will follow the outlined emergency protocols, which include contacting emergency medical services and notifying designated emergency contacts. I further acknowledge that I am responsible for any and all costs associated with emergency medical treatment.

I understand that the extent of health and fitness improvement resulting from exercise training depends on many factors and that no prediction or guarantee can be made about the level of benefit, if any, I will experience.

I assume all risks of my involvement in an exercise program with Hannah Cackowski Sports Performance LLC. I agree that I, my heirs, executors, administrators, assignees and personal representatives, release and forever discharge Hannah Cackowski Sports Performance LLC, from and against any liability, claims, damages, suits, fees, or expenses, including claims for death, personal injury and/or property loss, that I may have arising out of or resulting from my participation in an exercise program with Hannah Cackowski Sports Performance LLC.

I hereby consent and authorize Hannah Cackowski Sports Performance LLC to take photographs and videos of me to be used for any and all purposes relating to the promotion of Hannah Cackowski Sports Performance LLC whether appearing in social media, web pages, advertising, written or audio media releases, or other formats. I understand that I can ask that any photography, recording, or interview be stopped at any time. I understand that I have no right to inspect or approve the advertisements in which this material may be used and that this material will be the property of Hannah Cackowski Sports Performance. I waive any and all rights I may have in this material. I understand and agree that I will not receive any compensation in any form from Hannah Cackowski Sports Performance as a result of this material. I release Hannah Cackowski Sports Performance LLC from any and all liability arising from or collected with the taking, use, disclosure and distribution of this material.

I understand that all payments are deemed to be in United States Currency and are of the essence. The failure to make timely payments will mean Hannah Cackowski Sports Performance LLC is free to immediately cease work until the amount due is paid in full or to its satisfaction. The failure to make payments will also enable Hannah Cackowski Sports Performance LLC to immediately file any lien or action it deems necessary to collect the full balance of the contract. The Court of Common Pleas of Lehigh County will serve as the forum and venue for any such lien or action, or any dispute which arises out of the performance of this contract or the payment therefor. Pennsylvania law will govern all matters in any way associated with or arising out of this contract.

I have been given the opportunity to ask questions, all of which have been answered to my satisfaction.

I understand that these terms and conditions will also apply to any subsequent renewal even if the renewal is not specifically set forth in writing, which will merge with and be presumed to be part of the contract.

I understand the terms of this contract, I certify that I am 18 years of age or older or that I am the legal guardian of the above-named minor child and I understand the terms and meaning of this contract.

In the event of any dispute arising out of this contract, the parties agree to attempt to resolve such dispute amicably through mediation. If mediation is unsuccessful, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association.