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Terms of Agreement for Participation in Guardrails Assessments


By accepting the terms of this agreement, you hereby affirm that you are receiving a health care and healthy behavior screening that will generate exercise, lifestyle, and nutritional guidelines and recommendations. By being assessed and receiving these recommendations, you are certifying that you are cognizant of all of the inherent dangers of physical fitness and dietary change, and the basic safety rules for activities, potential food allergies, and other concerns connected herewith.


In addition, you understand and agree that neither the instructors performing the assessments, nor the owners, operators, agents, or instructors, including but not limited to the University of Miami, the physician’s office staff and/or clinicians, may be held liable in any way for any occurrence in connection with my physical fitness and lifestyle change, which may result in injury, death, or damages to me or my family, heirs, or assignees. You are further acknowledging and forever release Dr. Wes Smith and/or Craig Flanagan in connection directly or indirectly with my health screening, exercise participation, or lifestyle change as result of your own negligence, which may result in injury, death or damages to me or my family, heirs, or assignees.


In consideration of being allowed to participate in the Guardrails program, you hereby personally assume all risks connected herewith, and I further release the instructors, program, agents, and operators, including but not limited to the persons mentioned for any injury or damage which may be incurred while participating in the Guardrails testing and recommendations therewith, whether foreseen or unforeseen; and further to save and hold harmless the program and persons from any claim by you, or your family, estate, heirs, or assignees, arising out of your testing and participation.


You further state that you are of lawful age and legally competent to sign this aforementioned release; that you understand that the terms herein is contractual and not a mere recital; and that you have read this document as your own free act.


You have fully informed yourself of the contents of this release and you have been advised to submit, at my your expense and time, to a medical examination to ensure yourself, and assume your own responsibility of physical fitness and capability to perform under the normal conditions of the fitness and lifestyle change recommendations, and are physically fit as tested by a medical examination. You also understand that the owner reserves the right of membership.


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