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OPEN ARMS FITNESS FOR ALL CORP

Address:  5650 District Blvd Suite 109, Bakersfield, CA 93313

1. INTRODUCTION AND PURPOSE

This Fitness Studio Informed Consent Form and Liability Waiver (hereinafter referred to as the “Agreement”) is entered into between Open Arms Fitness for All Corp, a California corporation with its principal place of business at 5650 District Blvd Suite 109, Bakersfield, CA 93313 (hereinafter referred to as the “Studio,” “we,” “us,” or “our”) and the undersigned individual or, in the case of a minor, the undersigned parent or legal guardian acting on behalf of the minor identified below (hereinafter referred to as the “Client,” “Participant,” “you,” or “your”).

This Agreement is intended to inform you of the policies, procedures, and potential risks associated with participation in fitness activities at our Studio, to obtain your informed consent to participate in such activities, and to establish a waiver and release of liability. This Agreement is designed in compliance with [California Civil Code Sections 1812.80-1812.98] and other applicable federal and state laws.

2. SERVICES PROVIDED

The Studio offers the following fitness activities and services:

• Jumping exercises and activities
• Running programs and activities
• Lifting weights (for age group 14 and up)
• Obstacle courses
• Sport-like movements and activities
• Developmental milestone activities
• Weightlifting programs (for age group 14 and up)

3. ELIGIBILITY AND AGE REQUIREMENTS

3.1 Minimum Age Requirement:  The minimum age requirement for participation in the Studio’s activities is five (5) years of age. Clients under the age of eighteen (18) must have this Agreement signed by a parent or legal guardian.

3.2 Parental/Guardian Supervision:  A parent or legal guardian must be physically present at all times during any session involving a Client under eighteen (18) years of age. This requirement is non-negotiable and is implemented for the safety and well-being of minor Clients.

3.3 Age-Specific Activities:  Certain activities, specifically weightlifting and weight training, are restricted to Clients aged fourteen (14) years and older. The Studio reserves the right to restrict participation in any activity based on age, physical condition, or other factors that may affect safety.

4. HEALTH SCREENING AND MEDICAL CLEARANCE

4.1  Health Screening Requirement: Prior to commencing any fitness program or activity at the Studio, all Clients must complete a comprehensive health history questionnaire that includes, but is not limited to, information regarding:

• Personal medical history
• Family medical history
• Previous and current injuries or physical limitations
• Current medications
• Lifestyle factors that may impact physical activity
• Known allergies or medical conditions

4.2 High-Risk Client Screening:  Clients who meet any of the following criteria are considered “high-risk” and must obtain written medical clearance from a licensed physician before participating in any activities at the Studio:

• Individuals aged 65 and older
• Individuals with physical disabilities
• Individuals with a family history of heart disease
• Current cigarette smokers
• Individuals with hypertension (high blood pressure)
• Individuals with dyslipidemia (abnormal cholesterol levels)
• Individuals with impaired fasting glucose or diabetes
• Individuals with obesity (BMI ≥ 30)
• Individuals with known cardiovascular, pulmonary, metabolic, or musculoskeletal disorders
• Pregnant individuals
• Individuals who have been physically inactive for six months or longer

4.3 Medical Clearance Documentation:  Medical clearance must be provided in writing on the physician’s letterhead or prescription pad, must be dated within thirty (30) days of the Client’sfirst session, and must explicitly state that the Client is cleared to participate in the specific activities offered by the Studio.

4.4 Ongoing Obligation to Disclose:  Clients have an ongoing obligation to disclose any changes in their health status that may affect their ability to safely participate in activities at the Studio. Failure to disclose relevant health information may result in termination of this Agreement.

4.5 Discretionary Medical Clearance:  The Studio reserves the right, in its sole discretion, to require medical clearance from any Client, regardless of risk status, if there is reasonable concern about the Client’s ability to safely participate in activities.

5. ASSUMPTION OF RISK

5.1 Acknowledgment of Inherent Risks:  Client acknowledges and understands that participation in fitness activities involves inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. These risks include, but are not limited to:

• Minor injuries such as scratches, bruises, sprains, and strains
• Major injuries such as joint or back injuries, broken bones, heart attacks, and concussions
• Catastrophic injuries including paralysis and death

5.2 Specific Activity Risks:  Client acknowledges the specific risks associated with each activity offered by the Studio:

• Jumping activities: Risk of lower extremity injuries, including ankle sprains, knee injuries, and stress fractures
• Running activities: Risk of overuse injuries, including shin splints, plantar fasciitis, and tendonitis
• Weight lifting: Risk of muscle strains, joint injuries, and injuries from dropped weights
• Obstacle courses: Risk of falls, collisions, and various impact injuries
• Sport-like movements: Risk of sprains, strains, and injuries similar to those in competitive sports
• Developmental milestone activities: Risk of falls and minor injuries during skill acquisition

5.3 Environmental Risks:  Client acknowledges risks associated with the facility itself, including but not limited to:

• Slip and fall hazards
• Equipment malfunction
• Actions of other participants
• Inadequate or negligent spotting or supervision

5.4 Voluntary Participation:  Client acknowledges that participation in all activities at the Studio is purely voluntary, and Client may decline to participate in any activity at any time.

5.5 Physical Exertion:  Client acknowledges that fitness activities involve strenuous physical exertion and that Client has been advised to consult with a physician before participating in such activities.

6. WAIVER AND RELEASE OF LIABILITY

6.1 Express Waiver of Liability:  In consideration for being permitted to participate in activities at the Studio, Client, on behalf of himself/herself and his/her heirs, assigns, personal representatives, and next of kin, hereby voluntarily and knowingly waives, releases, and discharges the Studio, its owners, directors, officers, employees, volunteers, agents, contractors, and representatives (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, losses, expenses, and liabilities of any kind whatsoever (collectively, “Claims”) arising out of or in any way related to Client’s participation in activities at the Studio, whether such Claims arise from the negligence of the Released Parties or otherwise, to the fullest extent permitted by law.

6.2 Scope of Waiver:  This waiver and release includes, but is not limited to, Claims for:

• Personal injury, including disability and death
• Property damage or loss
• Pain and suffering
• Medical expenses
• Loss of income or earning capacity
• Loss of consortium
• Any other damages or losses, whether known or unknown, anticipated or unanticipated

6.3 [California Civil Code Section 1542 ]Waiver:  Client expressly waives the provisions of [California Civil Code Section 1542] which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

6.4 Specific Population Considerations:

• For Elderly Clients (65 and older): Client acknowledges the increased risk of injury due to age-related factors including but not limited to decreased bone density, balance issues, and potential cardiovascular concerns.
• For Clients with Disabilities: Client acknowledges that certain disabilities may present unique risks during physical activity and agrees to disclose all relevant information about their disability to allow for appropriate accommodations.
• For Minor Clients: The parent or legal guardian signing on behalf of a minor Client acknowledges the inherent risks to the minor and accepts those risks on the minor’s behalf.

6.5 Limitation on Waiver:  This waiver and release does not apply to Claims arising from gross negligence, willful misconduct, or violations of law by the Released Parties. This waiver and release is limited to the extent permitted by California law and shall not be construed to waive any rights or remedies that cannot be waived under applicable law.

6.6 Indemnification:  Client agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all Claims arising out of or resulting from Client’s participation in activities at the Studio, including Claims asserted by third parties.

6.7 Severability of Waiver Provisions:  If any portion of this waiver and release is held to be invalid, it is agreed that the balance shall continue in full legal force and effect.

7. HEALTH INFORMATION PRIVACY AND CONFIDENTIALITY

7.1 Collection of Health Information:  Client acknowledges that the Studio will collect detailed health information as described in Section 4.1 of this Agreement. This information is collected solely for the purpose of ensuring Client safety and appropriate exercise prescription.

7.2 HIPAA-Aligned Privacy Practices:  While the Studio may not be a “covered entity” under the Health Insurance Portability and Accountability Act (HIPAA), the Studio voluntarily adopts HIPAA-aligned privacy practices, including:

• Maintaining physical, electronic, and procedural safeguards to protect Client health information
• Limiting access to Client health information to authorized personnel on a need-to-know basis
• Obtaining Client consent before sharing health information with third parties, except as required by law
• Providing Client with access to their own health information upon request

7.3 Designated Privacy Officer:  The Studio’s designated privacy officer is Henry Bartolo, who is responsible for developing and implementing the Studio’s privacy policies and procedures, receiving and responding to privacy-related inquiries and complaints, and ensuring compliance with applicable privacy laws.

7.4 Permitted Uses and Disclosures:  Client authorizes the Studio to use and disclose Client’s health information for the following purposes:

• To provide and coordinate fitness services
• To obtain payment for services provided
• For internal operations, including quality assessment and improvement activities
• To contact Client regarding appointments, services, or health-related information
• As required by law, including in response to court orders, subpoenas, or public health emergencies
• To avert a serious threat to health or safety

7.5 Client Rights:  With respect to health information collected by the Studio, Client has the right to:

• Request restrictions on certain uses and disclosures
• Receive confidential communications
• Inspect and obtain a copy of their health information
• Request amendments to their health information
• Receive an accounting of certain disclosures
• Obtain a paper copy of this Agreement

7.6 Data Retention and Destruction: The Studio will retain Client health information for three years from the date of the Client’s last visit or as required by applicable law, whichever is longer. Client will be provided an opportunity to review their health information annually. After the retention period, Client health information will be destroyed by:

• Shredding of physical documents
• Secure digital deletion of electronic records using industry-standard methods

7.7 Breach Notification : In the event of a breach of unsecured health information, the Studio will notify affected Clients without unreasonable delay and in no case later than 60 calendar days after discovery of the breach.

8. EMERGENCY PROCEDURES

8.1 Emergency Protocol:  In the event of a medical emergency during a training session, the

Studio staff will implement the following protocol:
Assess the situation and the Client’s condition
Call 911 immediately if the situation appears serious
Provide basic first aid within the scope of staff training and certification
Contact the Client’s emergency contact(s)
Document the incident

8.2 Emergency Contacts:  The Studio’s designated emergency contacts are:

• Primary: Henry Bartolo
• Secondary: Jackeline Vasquez
• Tertiary: B.J Anthony Vasquez

8.3 Client Emergency Contact Information:  Client agrees to provide current emergency contact information and to update this information promptly if changes occur.

8.4 First Aid Limitations:  Client acknowledges that Studio staff are not medical professionals and will provide only basic first aid care within the scope of their training and certification. Studio staff will not administer medications, perform advanced medical procedures, or transport Clients to medical facilities.

8.5 Automated External Defibrillator (AED):  The Studio maintains an AED on the premises, and certain staff members are trained in its use. Client authorizes the use of the AED in the event of cardiac arrest.

8.6 Medical Information Disclosure:  In the event of a medical emergency, Client authorizes the Studio to disclose relevant health information to emergency medical personnel.

9. SPECIALIZED DISABILITY TRAINING PROGRAM

9.1 Disability Accommodation:  In accordance with the Americans with Disabilities Act (ADA)

• Title III ([42 U.S.C. § 12181 et seq.]), the Studio is committed to providing reasonable accommodations to Clients with disabilities.

9.2 Specialized Training Requirement:  Clients with disabilities who require modifications to standard fitness programs must participate in the Studio’s Specialized Disability Training Program, which includes:

• Initial assessment by a qualified fitness professional with specialized training in adaptive fitness
• Development of an individualized exercise plan that addresses the Client’s specific needs and limitations
• Regular reassessment and program modification as needed
• Supervision by staff members with appropriate training and qualifications

9.3 Disclosure Requirement:  Clients must disclose all relevant information regarding their disability to enable the Studio to provide appropriate accommodations and modifications.

9.4 Accessibility Standards:  The Studio complies with the ADA Accessibility Standards for Buildings and Facilities ([28 CFR Part 36, Appendix A]) and the ADA Accessibility Guidelines for Recreation Facilities ([36 CFR Part 1191]), including requirements for:

• Accessible routes throughout the facility
• Appropriate equipment spacing
• Accessible restrooms and locker rooms
• Clear floor space around exercise equipment

9.5 Service Animals:  Service animals as defined by the ADA are permitted in all areas of the Studio where the public is allowed to go. Emotional support animals, therapy animals, and pets are not permitted unless specifically authorized by Studio management.

9.6 Right to Decline Service:  The Studio reserves the right to decline service if:

• Providing service would fundamentally alter the nature of the Studio’s programs
• The Client poses a direct threat to the health or safety of others that cannot be mitigated by reasonable modifications
• Accommodating the Client would create an undue burden

10. PHYSICAL CONTACT AND TRAINING METHODS

10.1 Physical Prompts and Adjustments:  Client acknowledges and consents that certified trainers may use appropriate physical prompts, touches, and adjustments during training sessions to:

• Assist with learning proper movement patterns and techniques
• Correct form and alignment
• Prevent injury
• Facilitate skill development

10.2 Appropriate Contact:  All physical contact by trainers will be:

• Professional and appropriate
• Limited to what is necessary for training purposes
• Respectful of personal boundaries
• Preceded by verbal notification when possible

10.3 Right to Refuse Contact:  Client has the right to refuse or limit physical contact at any time by informing the trainer of their preferences. Such refusal will not prejudice the Client’s training experience.

10.4 Heart Rate Monitoring:  Client acknowledges and consents to the use of MyZone heart rate monitors during training sessions for the following purposes:

• Monitoring exercise intensity
• Determining appropriate rest periods
• Adjusting workout intensity based on individual effort
• Tracking progress over time

10.5 Heart Rate Data Usage:  Client understands that:

• The Studio will provide full access to the MyZone heart rate monitoring system for the first 30 days
• During this initial period, detailed workout information will be accessible through the MyZone mobile application
• After the initial 30-day period, heart rate data will only be accessible during sessions at the Studio
• No heart rate data will be saved in the MyZone app after the initial 30-day period unless Client purchases their own MyZone device

10.6 Data Collection Consent:  Client consents to the collection and use of heart rate and exercise performance data by the Studio for the purposes of exercise prescription, progress monitoring, and program design.

11. PHOTOGRAPHY AND VIDEO RECORDING CONSENT

11.1 Opt-In Consent:  The Studio requests Client’s permission to use photographs, video recordings, and audio recordings of Client taken during training sessions or at Studio events for marketing and promotional purposes. By initialing the designated space below, Client grants the Studio permission to use such media.

11.2 Scope of Usage:  If consent is granted, Client authorizes the Studio to use photographs, videos, and audio recordings for the following specific marketing purposes:

• Social media platforms (including but not limited to Facebook, Instagram, Twitter, YouTube, and TikTok)
• Studio website and blog
• Printed brochures, flyers, and newsletters
• Digital and print advertisements
• Promotional videos and presentations
• Email marketing campaigns
• Other promotional materials as developed by the Studio

11.3 No Compensation:  Client understands and agrees that no compensation will be provided for the use of Client’s image or likeness.

11.4 Revocation of Consent:  Client may revoke this consent at any time by providing written notice to the Studio. Revocation will be effective for future uses but will not apply to materials already published or distributed.

11.5 Minor Client Media Usage:  For Clients under 18 years of age, the parent or legal guardian must provide consent for media usage. The Studio will take extra precautions with images of minor Clients, including:• Not identifying minor Clients by full name without additional specific consent • Not posting information that could be used to locate the minor Client • Removing images upon request from the parent or legal guardian

11.6 Client Recording Restrictions:  Client agrees not to take photographs or videos of other clients or staff without their express permission. Client further agrees not to post or share images of other clients or staff on social media or other platforms without their consent.

12. PERSONAL BELONGINGS AND VALUABLES

12.1 Disclaimer of Responsibility:  The Studio expressly disclaims any responsibility for the loss, theft, or damage to personal belongings or valuables brought onto the Studio premises. This includes, but is not limited to:

• Clothing and personal items
• Jewelry and watches
• Electronic devices
• Wallets, purses, and their contents
• Vehicles and their contents
• Any other personal property

12.2 Storage Options:  The Studio provides the following storage options for Client use:

• Cubbies for temporary storage during sessions
• Designated areas for coats and outerwear
• Areas for water bottles and small personal items

12.3 Recommendations:  The Studio recommends that Clients:

• Leave valuables at home or secured in their vehicle • Bring only essential items to training sessions • Keep valuable items within sight during training • Use secure storage options when available

12.4 Lost and Found:  Items found on the Studio premises will be placed in the Studio’s lost and found and held for a period of thirty (30) days. After this period, unclaimed items may be donated to charity or otherwise disposed of at the Studio’s discretion.

12.5 No Bailment Created:  Client acknowledges that no bailment is created by placing personal belongings in storage areas provided by the Studio.

13. CANCELLATION AND REFUND POLICY

13.1 24-Hour Cancellation Requirement:  Client must provide at least 24 hours’ notice to cancel a scheduled session. Notice must be provided by phone, email, or through the Studio’s scheduling system.

13.2 Late Cancellation Fee:  Cancellations made with less than 24 hours’ notice will incur a cancellation fee equal to $20. This fee will be charged to the Client’s account or payment method on file.

13.3 No-Show Policy:  If Client fails to appear for a scheduled session without any prior notice, Client will be charged the full session fee.

13.4 Studio Cancellation:  If the Studio cancels a session for any reason, Client will receive a full credit for the session or a rescheduled appointment at Client’s option.

13.5 Refund Options:  The Studio offers the following refund options:

• Full Refund: Available for packages or memberships cancelled within three (3) business days of purchase, as required by [California Civil Code Section 1812.85 (CITATION REVIEW RECOMMENDED)]
• Prorated Refund: Available for packages or memberships cancelled after three (3) business days but before 50% of the sessions have been used or 50% of the membership term has elapsed
• Partial Refund: Available at the Studio’s discretion for special circumstances, including but not limited to medical emergencies, relocation, or other extenuating circumstances

13.6 Medical Cancellations:  Cancellations due to medical reasons require documentation from a licensed healthcare provider. With proper documentation, the Studio may waive cancellation fees or provide credits for future sessions.

13.7 Refund Processing:  Approved refunds will be processed within fourteen (14) business days and will be issued in the same form as the original payment.

13.8 Membership Cancellation:  In accordance with [California Civil Code Section 1812.84 ], all membership agreements shall be for a maximum term of three (3) years. Clients may cancel membership agreements according to the terms specified in their membership contract.

14. DISPUTE RESOLUTION

14.1 Good Faith Resolution:  Client and the Studio agree to attempt in good faith to resolve any dispute arising out of or relating to this Agreement through informal negotiation before resorting to formal dispute resolution procedures.

14.2 Mediation Requirement:  If informal negotiation fails to resolve the dispute, the parties agree to submit the dispute to mediation before a mutually acceptable mediator in Kern County, California. The costs of mediation shall be shared equally by the parties.

14.3 Mediation Process:  The mediation process shall be initiated by either party providing written notice to the other party of their intent to mediate. Within fourteen (14) days of such notice, the parties shall select a mediator. The mediation shall be conducted within sixty (60) days of the selection of the mediator.

14.4 Litigation:  If mediation fails to resolve the dispute, either party may initiate litigation. Any litigation arising out of or relating to this Agreement shall be filed and prosecuted exclusively in the state or federal courts located in Kern County, California.

14.5 Governing Law:  This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.

14.6 Attorney’s Fees and Costs:  In any action or proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs.

14.7 Statute of Limitations:  Any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

15. GENERAL PROVISIONS

15.1 Entire Agreement:  This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties.

15.2 Amendments:  This Agreement may be amended only by a written instrument executed by both parties.

15.3 Severability:  If any provision of this Agreement, or any portion thereof, is held to be invalid, illegal, void, or unenforceable by any court or tribunal of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect to the maximum extent permitted by law. The parties agree that any such invalid, illegal, void, or unenforceable provision shall be modified and limited in its effect to the extent necessary to cause it to be enforceable, or if such modification is not possible, shall be deemed severed from this Agreement.

15.4 No Waiver:  The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or the right of such party to enforce such provision or any other provision.

15.5 Assignment:  Client may not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Studio. The Studio may assign its rights and obligations under this Agreement without Client’s consent.

15.6 Notices:  All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed to the party to be notified at the address specified in this Agreement or such other address as such party may designate by written notice to the other party.

15.7 Counterparts:  This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

15.8 Electronic Signatures:  Electronic signatures shall be as valid and binding as original signatures.

15.9 Survival:  The provisions of this Agreement that by their nature should survive termination of this Agreement shall survive termination, including but not limited to Sections 5, 6, 7, and 14.

15.10 Headings:  The headings used in this Agreement are for convenience only and shall not be used to interpret or construe any provision of this Agreement.

16. ACKNOWLEDGMENT AND SIGNATURE

By signing below, I acknowledge that I have read and understand this Agreement in its entirety. I have had the opportunity to ask questions about the Agreement and have received satisfactory answers. I understand that by signing this Agreement, I am giving up substantial legal rights, including the right to sue. I acknowledge that I am signing this Agreement voluntarily and intend my signature to be a complete and unconditional release of liability to the greatest extent allowed by law.

For Clients under 18 years of age, I represent that I am the parent or legal guardian of the minor named below and have the legal authority to execute this Agreement on the minor’s behalf.

Photography and Video Consent (please initial):

I, {name}, CONSENT to the use of my image and likeness (or that of my minor child) for marketing purposes as described in Section 11. 
Accept

Decline

Agreement and Electronic Signature Authorization

By signing below, I confirm that I am the individual identified above, that the information I have provided is true and accurate, and that I have read and agree to the contents of this entire agreement. I agree that my electronic signature has the same legal force and effect as my handwritten signature. I consent to use electronic means to enter into and sign this agreement, and I agree not to contest the validity or enforceability of this agreement or my signature on the basis that it was provided in electronic form.

Parent/Guardian Agreement and Authorization

By signing below, I confirm that I am the parent or legal guardian of the minor participant(s) named above and that I have full legal authority to execute this agreement on their behalf. I acknowledge and agree that all terms of this agreement apply equally to the minor(s) as if they were signing personally. I consent to use electronic means to enter into and sign this agreement on their behalf, and I agree not to contest the validity or enforceability of this agreement or my signature on the basis that it was provided in electronic form.

Name: {name}
Date of Birth: {dob}
Address: {address}
Phone number: {phone}
Emergency contact: {contact_name}
Emergency contact phone: {contact_phone}
Emergency contact relation: {contact_relation}
Signature:
Date: {sign_date}