Assumption of Risk, Release & Waiver of Liability
DECLARATIONS: This Agreement is entered into between Vella Health LLC and the undersigned (“Client”). The provision of training and rehabilitation services by Vella Health LLC to Client, and Client’s use of any premises, facilities, or equipment are contingent upon this Agreement.
DISCLAIMER: Michael Caravella, of Vella Health, is not a licensed physical therapist at this time as his licensure exam in the state of New York is scheduled for January 2026. All services provided through Vella Health LLC, including training and rehabilitation suggestions, are intended for general wellness and fitness purposes only and do not constitute medical advice, diagnosis, or treatment. Participants are advised to consult their physician before beginning any exercise program.
EMERGENCY MEDICAL CARE DISCLAIMER: In the event of a medical emergency during participation, you authorize Vella Health LLC to seek emergency medical treatment on your behalf and agree to be financially responsible for any associated costs.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including training and rehabilitation, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any equipment, whether provided to you by Vella Health LLC or otherwise, including injuries or damages arising out of the negligence of Vella Health LLC, whether active or passive, or any of Vella Health LLC’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Vella Health LLC or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Vella Health LLC (and Vella Health LLC’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Vella Health LLC, whether active or passive, or any of Vella Health LLC’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability include, without limitation, injuries that may occur as a result of (a) your use of any exercise equipment or facilities that may malfunction or break, (b) improper maintenance of any exercise equipment, premises, or facilities, (c) negligent instruction or supervision, including training and rehabilitation, (d) negligent hiring or retention of employees, and/or (e) while traveling to or from training and rehabilitation, including injuries resulting from Vella Health LLC’s or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Vella Health LLC from any loss, liability, damage, or cost Vella Health LLC may incur due to the provision of training and rehabilitation by Vella Health LLC to you.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk, and indemnity agreement is intended to be as broad and inclusive as permitted by the law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Vella Health LLC offers services to their clients that encompass the entire recreational and/or fitness spectrum. The use of products unaffiliated with Vella Health LLC is incidental to the service(s) provided by Vella Health LLC. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk, and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Vella Health LLC for Vella Health LLC’s negligence, or for any defective product used while receiving training services from Vella Health LLC. You have read, voluntarily clicked the checkbox signifying acknowledgement and agreement to the Assumption of Risk, Release and Waiver of Liability, and signed the BASELINE to further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
GOVERNING LAW: This agreement shall be governed by and construed in accordance with the laws of the state, without regard to any conflict of law principles.
LIMITATIONS OF REHABILITATION ADVICE: Any guidance related to injury, discomfort, or movement modification provided by Vella Health LLC is not intended to replace medical treatment or evaluation by a licensed healthcare provider. All recommendations are for general education, performance, and wellness purposes only.
PHOTO AND MEDIA RELEASE: You grant Vella Health LLC permission to use your image, likeness, video recordings, written testimonials, or voice recordings for marketing, educational, or promotional purposes in print, online, or social media. You understand you will receive no compensation and may revoke this permission in writing at any time.