Release & Waiver Of Liability

RELEASE AND WAIVER OF LIABILITY AGREEMENT 

In consideration of being allowed to participate in the personal training, amenity/modality use, and massage therapy services (the "Services") provided by Melita ReGen Lab/Daniel A. Melita, the undersigned, on behalf of himself/herself, his/her heirs, executors, administrators, and assigns, hereby agrees to the following:

1. **Acknowledgment of Risk**: I acknowledge that the Services inherently involve risks and dangers that may cause serious physical injury or death. I understand that these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Services, or the conditions in which the Services take place. I fully accept and assume all such risks and all responsibility for losses, costs, and damages I incur as a result of my participation in the Services.

2. **Physical Condition**: I declare that I am physically fit and have no medical conditions that would prevent my participation in the Services. I attest that I am physically able to safely participate in the Services and have received physician clearance to participate. I have not been advised against participating in the Services by a health professional.

3. **Release**: I hereby release, discharge, and covenant not to sue Melita ReGen Lab (Dan Melita Fitness, LLC)/Daniel A. Melita, its respective administrators, directors, agents, officers, volunteers, employees, trainers, therapists, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Services take place (collectively, the "Releasees"), from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations; and I further agree that if, despite this release and waiver of liability, I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost which any may incur as the result of such claim.

4. **Acknowledgment of Visual and Audio Recording**: I acknowledge that a camera is present in the treatment room and throughout the facility during Services to serve as protection for myself and Melita ReGen Lab/Daniel A. Melita, and I hereby consent to visual and audio recording for the sole purpose of mutual safety and comfort.

5. **No Refund Policy**: I agree that all fees paid for Services are non-refundable, and I acknowledge that this no-refund policy has been communicated and agreed upon prior to the commencement of any Services provided. The fees for treatment and/or training are agreed upon based on the current pricing on www.melitaregenlab.com (https://melitaregenlab.com/), and any unused treatment and/or training sessions will expire within 12 months from the date of purchase. Membership costs will be automatically charged to the credit card on file each calendar month. 

6. **Sexual Harassment Statement**: Melita ReGen Lab/Daniel A. Melita is committed to providing a professional and respectful environment. Sexual harassment, defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, will not be tolerated. Any instances of sexual harassment should be reported immediately to Melita ReGen Lab/Daniel A. Melita. Melita ReGen Lab/Daniel A. Melita, its respective administrators, directors, agents, officers, volunteers, employees, trainers, and therapists reserve the right to terminate Services without refund if I engage in ANY form of sexual harassment.

7. **Consent**: I hereby consent to the performance of the Services by Melita ReGen Lab/Daniel A. Melita and understand that there are no guarantees regarding a cure for or improvement in my condition. I understand that Daniel A. Melita is not a physical therapist but a certified massage therapist with a Master's Degree in Rehabilitation Sciences. As such, the vast majority of health insurance plans do not cover treatment. By understanding this, you agree to be held financially responsible for the treatment provided to you. Potential Risks: I may experience an increase in my current level of pain or discomfort, including bruising, or an aggravation of my existing injury or condition. Potential Benefits: This may include an improvement in my symptoms and/or a decrease in pain, as well as an increase in my ability to perform daily activities. I should gain greater knowledge about managing my condition and the resources available to me.

8. **Acknowledgment of Understanding**: I have read this Release and Waiver of Liability and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily and intend for my signature and/or financial payment to be a complete and unconditional release of all liability to the greatest extent allowed by the law of the State of California. I hereby affirm that this agreement supersedes any and all previous oral or written promises or agreements.

*For cancellations with less than 24-hour notice or failure to show up for a scheduled session, the session cost will be assessed, and a session will be charged against your package or you will incur a fee of the same value. If you don't have a package, then you will not be able to book future sessions until the session cost is paid. In order to terminate a membership, the client must give a 30-day notice to end the membership by emailing a cancellation request to . 

*In the event your selected trainer or team member is no longer available, you will be assigned to another trainer or team member for the remainder of your sessions. If you arrive late you will receive the remaining scheduled session time, unless other arrangements have been previously made. All sessions are 50-55 minutes.