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5124265649

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MEDICAL DISCLAIMER, INFORMED CONSENT, ASSUMPTION OF RISK

RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT

                                                        RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT



Bodies By Akeem, LLC

Effective Date: February 19, 2026


PLEASE READ CAREFULLY — THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.  BY SIGNING, YOU MAY BE WAIVING YOUR RIGHT TO SUE IN COURT AND YOUR RIGHT TO A JURY TRIAL. 


This Agreement is entered into between the undersigned participant (“Participant,” “you,” or “your”) and Bodies By Akeem, LLC (“Company,” “we,” or “us”).


By participating in any in-person or virtual coaching session, workout program, digital instruction, online app, or fitness-related activity provided by the Company (“Services”), you acknowledge and agree to the following terms.


 

1. Scope of Services & Covered Activities


This Agreement applies to all Services provided by Bodies By Akeem, including but not limited to:


  • One-on-one personal training sessions
  • Strength & conditioning programs
  • Cycling or conditioning training
  • Virtual coaching delivered remotely
  • Training performed at your home, hotel gym, local gym, or third-party facility
  • Instruction delivered through video, messaging, or digital platforms
     

“Released Parties” includes Bodies By Akeem, LLC., its owner, coaches, contractors, assistants, agents, and any individuals acting on behalf of the Company.


 

2. Medical Disclaimer — No Healthcare Relationship


You acknowledge that Bodies By Akeem is a fitness coaching service and does not provide medical care, medical diagnosis, physical therapy, or rehabilitation services.


All instructions delivered by Bodies By Akeem are for educational and fitness purposes only.  Therefore, you agree that:


  • The Company is not a medical provider.
  • Participation does not create a doctor-patient or therapist-patient relationship.
  • You are responsible for obtaining clearance from a licensed physician before beginning or continuing any exercise program, especially if you have underlying health conditions.
     

3. Participant Representations & Health Responsibility


You represent and warrant that:


  • You are physically capable of engaging in exercise activities.
  • You will disclose any injuries, limitations, medications, or medical concerns.
  • You will stop training immediately if you experience pain, dizziness, chest discomfort, unusual fatigue, or any concerning symptoms.
     

You acknowledge that failure to disclose relevant medical conditions increases risk and releases the Company from responsibility related to undisclosed conditions.



4. Extensive Assumption of Risk (In-Person & Remote Training)


You understand that fitness training involves inherent risks, including but not limited to:


  • Muscle strains, ligament tears, joint injuries, spinal stress
  • Equipment failure or misuse
  • Slip, trip, or fall hazards
  • Cardiovascular complications
  • Overexertion, dehydration, or fatigue
  • Risks associated with unsupervised or partially supervised virtual training
  • Environmental hazards in home gyms, hotel gyms, or third-party facilities not controlled by the Company
     

You expressly acknowledge that remote coaching carries additional risks because the Company cannot physically intervene, adjust equipment, or control your environment.  You voluntarily assume all risks — known and unknown — associated with participation.


5. Release of Liability (Broad Protection Clause)


To the fullest extent permitted by law, you hereby release, waive, and discharge the Released Parties from any and all claims, liabilities, demands, or causes of action arising out of or related to:


  • Participation in training sessions
  • Exercise programming
  • Demonstrations or coaching guidance
  • Injuries occurring during in-person or virtual sessions
     

This release applies even if the injury is alleged to arise from ordinary negligence of a Released Party, except where prohibited by law.


 

6. HIGH-RISK STRENGTH TRAINING ACKNOWLEDGMENT


You understand that Bodies By Akeem specializes in performance-based strength and conditioning which may include:


  • Heavy resistance training
  • Progressive overload
  • High-intensity conditioning
  • Endurance training
     

These activities carry elevated risks including but not limited to:


  • Muscle tears, ligament injuries, spinal stress
  • Cardiovascular strain or events
  • Equipment failure or improper setup
  • Serious injury, permanent disability, or death
     

YOU VOLUNTARILY ACCEPT THESE RISKS.


7. Virtual Training & Third-Party Facility Disclaimer


You acknowledge that when training remotely:


  • The Company has no control over equipment quality, facility safety, or supervision at your location.
  • You assume full responsibility for ensuring your environment is safe.
  • You are responsible for selecting appropriate weight loads, positioning, and exercise modifications.
     

The Company is not responsible for injuries resulting from unsafe home environments, unfamiliar equipment, or third-party gym conditions.


 

8. COMPARATIVE NEGLIGENCE & RESPONSIBILITY ALLOCATION


You acknowledge that training outcomes and risks depend significantly on your own behavior, including:


  • Exercise execution
  • Load selection
  • Recovery practices
  • Hydration and nutrition
     

Any damages shall be reduced proportionally to your level of responsibility where permitted by law.


9. Digital Instruction, Demonstration & AI-Assisted 

    Guidance Disclaimer


Where instruction is delivered through video, messaging, online app, or digital systems:


  • Demonstrations are educational and may not account for your individual limitations.
  • Camera angles, internet connectivity, or delayed feedback may affect instruction accuracy.
  • You are responsible for executing exercises safely and conservatively.
     

10. Personal Responsibility & Safety Commitment


You agree to:


  • Follow all coaching instructions.
  • Use proper form and controlled intensity.
  • Modify or stop exercises when necessary.
  • Avoid training under the influence of drugs or alcohol.
     

11. Indemnification


You agree to defend, indemnify, and hold harmless the Released Parties from any claims or damages arising from:


  • Your participation in Services
  • Your misuse of equipment
  • Your failure to follow instructions
  • Injuries occurring in locations not controlled by the Company


 

12. INJURY REPORTING DEADLINE


You agree to notify the Company in writing of any injury allegedly related to Services within 72 hours of occurrence, where reasonably possible.  Failure to provide timely notice may affect the Company’s ability to investigate and respond.
 

13. Limitation of Liability


To the maximum extent permitted by law, the Company shall not be liable for indirect, incidental, or consequential damages, including lost income, emotional distress, or medical costs beyond what is legally required.


14. Governing Law & Venue


This Agreement shall be governed by the laws of the State of Texas.

Any legal action shall be brought exclusively in courts located in Travis County, Texas, regardless of where the Participant resides or performs training.


15. Severability


If any provision of this Agreement is deemed unenforceable, the remaining provisions shall remain in full force and effect.


16. Electronic Acceptance


By signing electronically or checking an agreement box within the Company’s website or app, you acknowledge that you have read, understood, and voluntarily agreed to this Agreement.


 

17. COACH AUTHORITY, PROFESSIONAL DISCRETION & TRAINING

       TERMINATION RIGHTS


The Participant acknowledges that Bodies By Akeem Strength & Conditioning operates as a professional performance coaching service. The Company retains sole discretion regarding program design, exercise selection, training intensity, and safety decisions.  The Company reserves the absolute right to:


  • Modify, substitute, or discontinue any exercise or program component at any time for safety or professional judgment.


  • Refuse or discontinue training services if the Participant demonstrates unsafe behavior, non-compliance with coaching instructions, harassment, disruptive conduct, or medical concerns that create elevated risk.


  • End a training session immediately if, in the coach’s professional opinion, continuation may pose a health or safety risk.
     

Termination of services under this section shall not be considered discrimination or breach of contract when done in good faith for safety, ethical, or professional reasons.


18. PROGRAM OWNERSHIP, INTELLECTUAL PROPERTY & NON-

      TRANSFERABLE LICENSE


All training systems, programming structures, coaching materials, workouts, digital content, written guides, videos, and methodologies provided by Bodies By Akeem Strength & Conditioning are the exclusive intellectual property of the Company.  Participant receives a limited, personal, non-exclusive, non-transferable license to use program materials solely for individual fitness purposes.  Participant agrees that they will not:


  • Copy, reproduce, distribute, sell, or share programs with others.
  • Upload or publish workouts, coaching systems, or branded materials online without written permission.
  • Allow third parties to use the Participant’s account or training materials.
     

Unauthorized use or redistribution of Company materials may result in immediate termination of services and potential legal action.


19. CLIENT CONDUCT, SAFETY EXPECTATIONS & COMMUNITY 

       STANDARDS


Bodies By Akeem maintains a professional, respectful, and performance-focused training environment.

Participant agrees to:


  • Follow safety instructions at all times.
  • Treat coaches and other participants with professionalism and respect.
  • Refrain from aggressive, discriminatory, or inappropriate conduct during training sessions or communications.
     

The Company reserves the right to suspend or terminate access to Services if Participant behavior creates safety risks, legal exposure, or disruption to the coaching environment.  Where legally permitted, termination under this section does not obligate the Company to issue refunds for unused services.

 

20. PAYMENT TERMS, AUTOMATIC BILLING & SERVICE FEES


Participant agrees that all personal training services provided by Bodies By Akeem, LLC (“Company”) operate under a recurring monthly billing structure.


20.1 Monthly Billing Authorization


By enrolling in Services, Participant authorizes the Company to charge the payment method on file automatically on the first (1st) day of each calendar month.


  • Billing amounts are determined by the specific service package, training frequency, or coaching program selected by the Participant.
     
  • Charges will continue automatically unless services are canceled in accordance with the Company’s cancellation policy.
     

Participant is responsible for maintaining a valid and current payment method at all times.


20.2 Failed or Declined Payments


If a payment is declined, returned, or rejected by a financial institution for any reason, Participant agrees to the following:


  • A $50 processing fee will be assessed immediately.
  • An additional $15 per day late fee will accrue beginning the day following the failed transaction and continuing until payment is successfully processed.
     

Participant acknowledges that declined payments disrupt scheduling, coaching operations, and administrative resources, and agrees that these fees represent reasonable administrative costs.


20.3 Suspension of Services


Accounts carrying a negative balance or overdue payment may be immediately flagged.  The Company reserves the right to:


  • Suspend all training sessions, virtual coaching, digital access, and program services until the account is brought current.
     
  • Refuse future scheduling while an outstanding balance exists.
     

Suspension of services due to non-payment does not release Participant from financial obligations already incurred.


20.4 No Chargeback Policy


Participant agrees not to initiate chargebacks or payment disputes for valid services rendered.  Any unauthorized chargeback may result in:


  • Immediate account termination
  • Additional administrative recovery fees where permitted by law
     

21. COLLECTIONS, CREDIT REPORTING & ACCOUNT ENFORCEMENT


21.1 Delinquent Accounts


If a balance remains unpaid for more than thirty (30) days, Participant acknowledges that the account may be classified as delinquent.  The Company reserves the right to:


  • Pursue collection efforts internally or through a third-party collection agency.
  • Report unpaid balances to credit reporting agencies where permitted by applicable law.
     

Participant understands that delinquent accounts may negatively impact credit standing.


21.2 Recovery of Costs


Participant agrees that any reasonable costs incurred by the Company in collecting overdue balances — including administrative fees, collection costs, or legal expenses — may be added to the outstanding amount to the extent permitted by law.


21.3 Reinstatement of Services


Training and coaching services may resume only after:


  • Full payment of outstanding balances
  • Payment of all applicable late fees and processing charges
  • Confirmation of a valid payment method on file
     

The Company reserves the right to require prepayment or modified billing terms for accounts previously classified as delinquent.


 

22.  ELECTRONIC CONSENT, PARTICIPATION ACCEPTANCE &

       BINDING AGREEMENT


Participant acknowledges that physical signatures may not always be obtained due to remote coaching, digital onboarding, or virtual participation.  To the fullest extent permitted by law, Participant agrees that any of the following actions constitute full acceptance of this Agreement:


  • Creating an account with Bodies By Akeem Strength & Conditioning
  • Scheduling or attending a training session
  • Accessing workouts, coaching programs, or digital content
  • Making payment for services
  • Continuing participation after being presented with this Agreement
     

Participant expressly agrees that:


  • Electronic acceptance, checkbox confirmation, or digital acknowledgment shall have the same legal effect as a handwritten signature.
     
  • Participation in any Service after receiving access to this Agreement constitutes informed consent and voluntary acceptance of all terms, including assumption of risk, arbitration, and release of liability.
     

Participant waives any claim that this Agreement is unenforceable solely because it was executed electronically or without a physical signature.


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Bodies By Akeem

2301 Denton Drive, Suite M Austin TX 78758

5124265649

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