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Full Disclosure of Physical Condition Informed Consent and Assumption of Risk Release of Liability

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Full Disclosure of Physical Condition / Informed Consent & Assumption of Risk / Release of Liability

The “Full Disclosure of Physical Conditions/ Informed Consent and Assumption of the Risk, and Release of Liability” is executed the day of , , and is a material part of, and is incorporated by reference into the Personal Training Agreement executed by the Client and dated the day of , as it fully set forth therein.

1. The client certifies that he/she is physically sound and suffering from no condition, impairment, disease, infirmity, or illness that would prevent his participation in the Client’s Activities Under This Agreement, except as hereinafter stated.

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2. The client certifies that he has been informed of the need for physician’s approval for participation in the Activities Under This Agreement.

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3. The client certifies that Thomas Quigley ATC, CSCS has recommended that the client have a yearly or more frequent physical examination and consultation with the client’s physician as to physical activity, exercise, and use of exercise and training equipment so that the client may have knowledge that he has either (a) been given permission by the client’s physician to participate, or (b) that the client has decided to participate in the activities in the Activities Under This Agreement without the approval of his physician.

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4. The client expressly assumes all responsibility for the clients participation in the Activities Under This Agreement.

5. THE CLIENT CERTIFIES THAT THE CLIENT HAS GIVEN FULL AND COMPLETE DISCLOSURE OF ALL PHYSICAL CONDITIONS, IMPAIRMENTS, DISEASES, INFIRMITIES OR ILLNESSES THAT MIGHT AFFECT OR PREVENT THE CLIENTS PARTICIPATION IN THE ACTIVITIES UNDER THIS AGREEMENT. THE CLIENT REPRESENTS THAT E HAS NO CONGENITAL, PHYSICAL, OR MENTAL HEALTH PROBLEMS, NO UNDERLYING CARDIOVASCULAR, NEUROLOGICAL, OR ANY ILLNESS, OR CONDITION WHICH MIGHT AFFECT OR PREVENT THE CLIENTS PARTICIPATION IN THE ACTIVITIES UNDER THIS AGREEMENT.

Informed Consent and Assumption of the Risk

1. The client enters into this Agreement with the full knowledge of all the risks and benefits associated with the Activities Under This Agreement. The Client certifies that the client is of legal age to enter into a contract, and is not mentally incapacitated. The client certifies that he enters into this agreement without duress, undue influence, and for valuable consideration.

2. The client certifies that he understands the risks associated with participation in the Activities Under This Agreement including, but not limited to physical injury resulting from the acts, omissions, and/or negligence of others. The client certifies that the client knows and fully understands the importance and relevance of all the risks, and expressly and voluntarily assumes any and all of the risks associated with the clients participation in the Activities Under This Agreement, including but not limited to the activities of training; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; use of machinery, training equipment, free weights, stretching. Further, the client expressly and voluntarily assumes any and all of the risks associated with the clients participation in the Activities Under This Agreement, including but not limited to the risks of dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alterations in heart rhythm); dyspnea (shortness of breathe); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats/minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm), and/or any other physical injury, due to any cause whatsoever.

Release of Liability

1. Client certifies that the client voluntarily agrees to participate in the Activities Under This Agreement, including but not limited to the activities of training; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching. The client further agrees to follow all rules set forth by Thomas Quigley ATC, CSCS.

2. In consideration of the privilege of participating in the Activities Under This Agreement, and the training services provided by Thomas Quigley ATC, CSCS the client for himself, his heirs, assigns, administrators, executers, and/or all members of his family, including minors, waives, releases, holds harmless and forever discharges Thomas Quigley ATC, CSCS, its successors in interest, assigns, servants, agents, employees, independent contractors, associates, officers, directors, officials, and any other participants in the Activities Under This Agreement, from any and all responsibility, liability, claims and demands of any kind and natures, damages, actions, causes of action of any kind, whether known or unknown, or which the client may have now, or which may hereafter accrue to the Client (collectively, the “Claims”) including but not limited to the risks of dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alterations in heart rhythm); dyspnea (shortness of breathe); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats/minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm), and/or any other physical injury, due to any cause whatsoever, including the act or omission, negligence or any other fault of Thomas Quigley ATC, CSCS, his successors in interest, assigns, servants, agents, employees, independent contractors, associates, officers, directors, officials and any other participants in the Activities Under This Agreement.

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What this Full Disclosure and Release document is

The Full Disclosure of Physical Condition Informed Consent and Assumption of Risk Release of Liability is a legal acknowledgement and waiver used when an individual must disclose health or physical limitations before participating in an activity, treatment, program, or service. It combines a factual disclosure of physical condition, explicit informed consent to proceed despite risks, and an assumption of risk/release of liability that allocates responsibility between the participant and the provider. The document records the participant’s understanding of potential hazards, any recommended accommodations, and the scope of liability being waived or limited.

Why a clear disclosure and release matters

A complete disclosure and informed-consent release clarifies medical and physical limitations, reduces legal uncertainty, and documents the participant’s voluntary acceptance of known risks. It supports safer decision-making by providers and creates a contemporaneous record that can be used to demonstrate consent under ESIGN (15 U.S.C. ch. 96) and state electronic signature laws.

Why a clear disclosure and release matters

Who typically completes this informed consent and release

Organizations and individuals use this form to manage risk and document consent when physical condition affects safe participation.

  • Healthcare clinics and therapy providers capturing pre-treatment disclosures and consent
  • Recreation and fitness programs screening participants before physical activity
  • Employers, event organizers, and educational programs documenting accommodation needs and risk acceptance

Use the document when the activity or service has foreseeable physical risks and informed consent or a liability release is necessary to proceed.

Primary signer types

Participant

An individual disclosing medical history and signing the release. The narrative should show the participant understands risks, lists current conditions and medications, and consents to the activity or treatment.

Provider

The organization, therapist, instructor, or event operator receiving disclosure and obtaining consent. The provider documents recommended accommodations, safety instructions, and the scope of liability limited by the release.

Step-by-step: how to complete the disclosure and release

Follow these sequential steps to collect clear, enforceable consent and risk assumption from the participant.

  • 01
    Gather IDs: Verify participant identity using government ID or account matching.
  • 02
    Record medical details: Enter conditions, medications, and limitations with dates where relevant.
  • 03
    Explain risks: Provide plain-language risk descriptions and document verbal explanations.
  • 04
    Obtain signature: Capture participant signature, date, and witness or notary if required.

Typical routing and confirmation process

A standard workflow records disclosure, secures consent, and retains an auditable record for both parties.

  • Upload form: Provider uploads template with required fields and disclosures.
  • Assign signer: Add participant email and optional witness or guardian contacts.
  • Sign and authenticate: Participant signs; platform captures timestamp and attribution details.
  • Store record: Signed file and audit trail saved in secure records for retention and retrieval.

Digital workflow settings to configure

Configure the digital workflow to capture identity, consent disclosures, and any witness or notary steps required.

Field Configuration
Consent Checkbox Required; force acceptance before signing
Health Disclosure Text Read-only paragraph with required language
Signature Field Required; include date and signer name
Witness/Notary Optional fields or RON step if jurisdiction requires

Technical requirements for secure e-signing

Use a platform that captures signer attribution, timestamps, and an audit trail to support enforceability and record retention.

  • Supported formats: PDF, DOCX, HTML
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Authentication: Email, SMS, or advanced methods

Ensure the platform offers secure storage (AES-256), TLS in transit, and audit logging to meet legal and compliance needs.

Data and security settings to check

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit trail: Timestamp, IP, and action log
Access control: Role-based permissions
Authentication: Email, SMS, or 2FA
HIPAA readiness: Business Associate Agreement available
Certifications: SOC 2 Type II, ISO 27001

Key legal risks and consequences

Invalid consent: Court may void release
HIPAA violation: Civil penalties and corrective action
I-9 implications: Incorrect records risk fines
Negligence claims: Release may not bar gross negligence
Statutory exceptions: Some rights cannot be waived
Inadequate disclosure: Increases litigation exposure

Common preparation mistakes to avoid

  • Failing to describe specific risks and accommodations, which weakens the informed-consent record and may harm enforceability
  • Using vague or boilerplate language without documenting participant questions or clarifications during verbal explanation
  • Mismatching signer identity details between ID and signature record, which can create attribution disputes
  • Omitting required witness or notary steps where state law or institutional policy mandates them

Timing considerations and deadlines

Certain actions and retention triggers are time-sensitive; track them to preserve legal defenses and regulatory compliance.

Pre-activity timing:

Collect disclosure before the participant engages in the activity or receives treatment

Minor consent:

Obtain guardian signature and date prior to participation

Notary/RON session:

Schedule concurrent with signing if notarization is required

Record retention:

Begin retention clock at effective date of signed release

Amendments:

Document and date any changes immediately and notify parties

Key processing milestones from intake to record storage

Follow this ordered sequence to ensure the form is explained, signed, authenticated, and retained correctly.

01

Intake and disclosure

Collect medical history and limitations in writing before activity

02

Risk explanation

Provider documents verbal explanation and participant questions

03

Signature and authentication

Capture e-signature, witness, or RON notarization as required

04

Secure storage

Archive signed document with audit trail in a secure system

Representative eSignature vendor comparison for consent and release workflows

A concise feature and pricing snapshot to compare baseline costs and compliance capabilities across common eSignature vendors.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions and common troubleshooting

Answers to typical legal and technical questions that arise when collecting physical-condition disclosures and releases.


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