Fitness Gym Waiver

Fitness Gym Waiver and Membership Agreement

WHEREAS

WHEREAS, the facility operating the fitness center is identified as located at ;

WHEREAS, the undersigned Participant seeks to use the gym facilities, equipment, classes and related services offered by the facility and agrees to the terms set forth below effective as of .

PARTICIPANT INFORMATION

SCOPE OF ACTIVITIES

The Participant will engage in fitness activities, use exercise equipment, attend supervised and unsupervised classes, and participate in training programs at the facility. The specific services and permitted activities are described below.

ASSUMPTION OF RISK; RELEASE AND WAIVER

I, the Participant, acknowledge that participation in fitness activities and use of exercise equipment involves inherent risks including, without limitation, slips, falls, equipment failure, strains, sprains, heart attack, stroke, and in rare instances, death. I voluntarily assume all risks, whether known or unknown, foreseeable or unforeseeable, arising from my participation.

To the fullest extent permitted by law, I hereby release, discharge and hold harmless the facility, its owners, managers, instructors, employees, independent contractors and agents (collectively, the Released Parties) from any and all claims, demands, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with my participation, including claims based on the negligence of any Released Party, except claims arising from the gross negligence or willful misconduct of a Released Party.

INDEMNIFICATION

I agree to indemnify and hold the Released Parties harmless from any loss, liability, damage or cost they may incur arising from my actions or omissions while using the facility or participating in activities, including any claims by third parties resulting from my conduct.

MEDICAL REPRESENTATIONS & EMERGENCY CONTACT

I represent that I am physically able to participate in the activities described and have no medical condition that would create an undue risk. I will notify staff immediately if I experience any pain, shortness of breath, dizziness, or other symptoms. I authorize the facility to obtain emergency medical treatment if I am incapacitated and to release my medical information to medical personnel as needed.

PAYMENT TERMS

Participant agrees to pay membership fees and other charges as set forth below. All fees are non-refundable except as expressly provided in this Agreement.

TERM AND TERMINATION

This Agreement commences on and continues until , unless earlier terminated pursuant to this section.

The facility may terminate this Agreement immediately for breach by Participant, failure to pay fees, or conduct that endangers others. Participant may terminate by providing the required written notice and settling all outstanding fees.

CONFIDENTIALITY

The parties acknowledge that certain personal information collected in connection with membership (including medical disclosures and billing information) may be confidential. The facility will maintain such information in confidence and will only disclose it as required by law or as necessary to provide services, to protect health and safety, or in connection with collection of fees.

PHOTOGRAPHY AND MEDIA

The facility may from time to time record photographs or video of activities for promotional purposes. Participant: consents to use of likeness declines consent

GOVERNING LAW; ENTIRE AGREEMENT

This Agreement shall be governed by and construed in accordance with the laws of the state where the facility is located, without regard to its conflicts of law provisions. This Agreement constitutes the entire understanding between the parties regarding the subject matter and supersedes all prior communications and agreements, whether oral or written. No amendment or waiver is binding unless in writing signed by both parties.

ACKNOWLEDGMENTS

By signing below, I certify that I have read this Agreement carefully, understand its terms, and knowingly and voluntarily accept its conditions. I acknowledge that I have had the opportunity to ask questions and seek clarification prior to signing.

I further acknowledge the following:

I have disclosed any medical conditions or medications that could affect my participation.

If Participant is under 18, a parent or legal guardian must sign below.

SIGNATURES

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