Waiver and Release of Liability
1. In consideration for my use of the exercise equipment, facilities, and services provided by The Grove Fitness Club & Spa and its employees, representatives, agents, volunteers, administrators, officers, directors, associates, and insurers (collectively hereinafter "The Club"), I expressly contract and agree, on behalf of myself, my heirs, executors, administrators, successors, and assigns, that The Club shall not be liable for any damages arising out of any personal injuries, including death, that I sustain while in, on, or about The Club's premises, or that result from my use of The Club's equipment, facilities, or services, regardless of whether such injuries result, in whole or in part, from negligence on the part of The Club.
2. I understand and acknowledge that the use of exercise equipment and facilities involves the risk of serious bodily injury, including permanent disability and death. I expressly and voluntarily assume the risks inherent to and associated with use of The Club's equipment, facilities, or services.
3. By my execution of this waiver and release of liability, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type which I may suffer while in, on, or about The Club's premises. I hereby fully and forever release and discharge The Club from any and all claims, demands, damages, and rights or causes of action, present or future, whether such actions are known or unknown, anticipated or unanticipated, resulting from or arising out of my use of The Club's equipment, facilities, or services while in, on, or about The Club's premises.
4. I expressly agree to indemnify and hold The Club harmless against any and all claims, demands, damages, and rights or causes of action, by any person or entity, that may arise from injuries or damages I sustain that result from or arise out of my use of The Club's equipment, facilities, or services while in, on, or about The Club's premises. I further agree to assume full responsibility for my use of The Club, and agree to indemnify The Club against any and all damages arising out of my use of The Club's facilities.
5. I agree to be solely and fully responsible for my safety and well being while in, on, or about the Club's Premises. I understand that The Club does not provide supervision, instruction, or assistance for the use of The Club's facilities and equipment.
6. I agree to comply with all rules imposed by The Club regarding the use of The Club's facilities, equipment, and services. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment or facilities in a manner inconsistent with its intended design, purpose, or function.
7. I understand and agree that The Club is not responsible for any personal property that is lost, stolen, or damaged while located in, on, or about The Club's premises.
8. I understand that The Club reserves the right to take photographic or records of any or all of the work out and/or exercise activities conducted within its premises and I hereby agree that The Club may use such records for promotional and/or commercial purposes without any remuneration to myself. I hereby assign all right, title and interest that I may have in or to any and all media in which my name or likeness might be used by The Club.
9. In the event that The Club deems it necessary to administer emergency first aid, CPR, or AED or to remove myself from The Club's premises or to seek emergency medical care for myself, I grant The Club permission to: administer emergency first aid or CPR or AED, secure emergency transport or medical care and/or disclose any medical information it may have about me to any health care provider which may become involved in my care, treatment, or removal from The Club. I waive any right to object to or bring any type of action or claim against The Club for its administration of emergency first aid, CPR, or AED, or for securing emergency transport or medical care and/or for the disclosure of personal medical information it may have about myself to any health related person who becomes involved in the care or removal of myself from The Club.
10. In the event I file a lawsuit against The Club, I agree to do so solely in Ada County, State of Idaho, and I further agrees that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state and I hereby irrevocably waive any other jurisdiction or venue to which myself or my estate might otherwise have been entitled. I agree to submit to the jurisdiction of the courts of the State of Idaho.
11. I agree that if any section of this waiver and release of liability is found to be void or unenforceable, the remaining sections shall remain in full force and effect. This waiver and release of liability is intended to be interpreted as broadly as possible. A copy of this waiver and release of liability can be used as if it were the original.
12. I understand that this document constitutes the entire waiver and release of liability between myself and The Club, and that it cannot be modified or changed in any way by representations or statements of any nature (be they oral, advertising, etc.) outside of this document. I hereby waive any claims against The Club for breach of contract or warranty for statements or representations made outside of this waiver and release of liability.
TERMS AND CONDITIONS:
Payment and Termination of Membership.
1. Payment. Member is responsible for timely payment of all amounts due pursuant to this Agreement, regardless of the regularity with which Member utilizes The Grove Fitness Club & Spa (hereinafter "The Club").
2. Change in Dues, Fees, or Costs. The Club reserves the right to modify monthly dues, fees, and/or costs of services owed pursuant to this Agreement at its discretion, at any time.
3. Termination of Month-to-Month Membership. Member may terminate a month-to-month membership at any time upon written or e-mailed (firstname.lastname@example.org) notice to The Club. Termination will be effective at the end of the paid period, and Member may continue to use The Club's facilities during the remainder of Member's paid period. The Club will not initiate a charge or transfer which is scheduled to occur more than 5 business days after written notice of termination is received. If Member's written termination notice is received too late to cancel the next scheduled charge or transfer, The Club will refund the charged or transferred amount.
4. Termination of Pre-Paid Membership. Member may not terminate a pre-paid membership during the duration thereof, except in the event Member provides written notice and documentation of (1) a deployment ordered by any branch of the United States Military; or (2) an occupational relocation outside of Ada County or Canyon County, Idaho. A pre-paid membership will automatically terminate at the expiry of the pre-paid period unless Member renews the membership in writing prior to the renewal date.
5. Refund and Rescission. If Member cancels this Agreement no later than fifteen (15) days subsequent to signing, The Club will rescind this Agreement and refund all amounts paid pursuant thereto. Member must provide written or e-mailed (email@example.com) notice to The Club for a cancellation to be effective.
6. Rejected or Dishonored Payments. In the event any check, account debit, or credit card payment payable to The Club is returned, rejected, or dishonored, The Club may in each instance, to the extent permitted by the laws of the State of Idaho, assess Member a charge equal to the total dishonored charge, plus losses and expenses incurred by The Club in connection with any collection action necessary to collect payment owed pursuant to this Agreement.
7. Late Fees. Member's account will be assessed a $15 late fee during every monthly billing cycle in which Member is more than thirty (30) days in arrears on amounts owed pursuant to this Agreement.
8. Authorization to Charge or Transfer. By signing below, Member certifies that he/she is authorized to permit automatic charges or transfers under the applicable terms of agreement with the financial institution that holds the account designated by Member for payments to The Club.
9. Change in Billing or Contact Information. Member must promptly provide written or e-mailed (firstname.lastname@example.org) notice of any changes in billing or contact information.
10. Medical Freeze. Member may request a medical freeze of membership in the event Member is unable to utilize The Club's facilities due to documented physical injuries or limitations. Member must present documentation to The Club manager in person or by email (email@example.com). Member may request a medical freeze for a minimum of one (1) month or a maximum of six (6) months. Medical freezes will be granted or denied at the sole discretion of The Club.
11. Non-medical Freeze. Member may request a non-medical freeze of membership for financial hardship or military deployment. Member must present documentation supporting the non-medical freeze request to The Club manager in person or by email (firstname.lastname@example.org). Member may request a non-medical freeze based on financial hardship for a minimum of one (1) month or a maximum of three (3) months. A non-medical freeze based on military deployment may be requested for the duration of the deployment. Non-medical freezes will be granted or denied at the sole discretion of The Club.
Member's Health Risk.
12. Member's Health Representation. Member represents that he/she is in good health and has no disability, impairment, injury, disease, or ailment that prevents he/she from engaging in exercise or which could cause increased risk of injury or adverse health consequences resulting from exercise.
13. Physical Examination. The Club recommends that Member undergo a physical examination prior to commencing any exercise program.
Rules and Regulations Regarding Operation of The Club.
14. Rules and Regulations of The Club. Member agrees to abide by the rules and regulations of The Club, which may be posted at the facility or issued orally, and may be amended by The Club from time to time, at its sole discretion.
15. Violation of Rules and Regulations of The Club. The Club may, at its sole discretion and at any time, revoke or suspend Member's membership if (1) Member fails to observe the rules and regulations of The Club; (2) Member has otherwise behaved in a manner contrary to the best interests of The Club or its membership; or (3) Member has instituted any legal action against The Club or any one of its membership. The Club will make no revocations or suspensions of membership on the basis of a Member's race, sex, or creed.
16. Membership Card. Member shall receive one (1) membership card from The Club. The membership card must be presented to The Club's front desk personnel each time Member enters the facility. A replacement fee of $10 will be assessed for each lost membership card.
17. Lockers. Lockers are available for daily use only. The Club may at its sole discretion remove items left in lockers overnight. Member must provide his/her own lock, and The Club is not responsible for any items of value placed in the lockers.
18. Dress Code. Proper athletic attire and footwear is required at all times during Member's use of The Club's facilities. The Club will make determinations regarding appropriate athletic attire and footwear at its sole discretion.
19. Tobacco. No use of tobacco is permitted in, on, or about The Club's premises.
20. Animals. No animals are permitted in, on, or about The Club's premises. Documented service animals are exempt.
21. Group Exercise Classes. Each group exercise class has an established maximum number of participants. Proper athletic attire and footwear must be worn in all group exercise classes. The Club may alter its group exercise class schedule and instructors at any time.
22. Guests. Member may request from The Club one (1) guest pass per month. A guest pass is valid for seven (7) days. There is no charge for a guest pass if used by a local (resident of Ada County or Canyon County) guest; a $5 fee will be charged for a guest pass for a non-local guest. A guest must sign The Club's waiver and release of liability agreement. A guest pass may not be used by the same guest more than one (1) time in a twelve (12) month period.
23. Independent Contractors. The Club may make available the services of independent contractors. The Club does not warrant or guarantee the quality of these services, nor does The Club guarantee that the services of any independent contractors will remain available for any specific period of time.
24. Change in Facilities and/or Operating Hours. As a result of repair, maintenance, or a special occasion, The Club may temporarily close or restrict use of one or more areas of The Club. There will be no reduction, suspension, abatement, or proration of membership fees or other charges during such time. The Club's operating hours may be modified without prior notice. The Club reserves the right to modify The Club's facilities, the services offered, and/or the type and quality of equipment.
25. Age Requirements. All members and guests thereof must be at least 18 years of age to enter The Club.
I HAVE HAD SUFFICIENT TIME TO READ AND UNDERSTAND THE FOREGOING WAIVER AND RELEASE OF LIABILITY AND I VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE AND UNDERSTANDING OF ITS CONTENTS, WAIVERS, RELEASES OF LIABILITY AND THE TERMS AND CONDITIONS.
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(If you are signing this Waiver and Release of Liability electronically, a hard copy is available at the front desk of The Club upon request.)