1. That I am participating in the exercise classes, personal training, massage and fitness programs offered at BODYWORX CLUBS (“BWC” or “Club” during which I will receive information and instruction about movement, exercise and health. I recognize that these activities require physical exertion, which may be strenuous and may cause physical injury and I am fully aware of the risk and hazards involved.
2. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in these exercise classes, personal training and fitness programs. I represent and warrant that I am physically fit and I have no physical, mental, medical nor emotional condition, which would prevent my full participation in these activities, equipment, exercise classes, personal training, fitness programs and for the use of the facilities and premises.
3. In consideration of being permitted to participate in use of the activities, equipment, exercise classes, personal training, fitness programs, facilities and premises, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of my participation.
4. Member agrees for himself/herself, and on behalf of Member's heirs and estate to each of the following: Club will not be liable for any injury and/or death, relating to, arising out of, or in connection with, Member's use of the Club's facilities, services, equipment or premises, whether related to exercise or not. Member further agrees to waive and release Club from any and all negligence of the Club, its agents, employees or anyone acting on Club's behalf, as well as independent contractors such as personal trainers, massage therapists and group instructors. This waiver and release of all liability includes, without limitation, injuries which may occur as a result of (a) your use of any premises or facility, or its improper maintenance; (b) your use of any exercise equipment which may malfunction or break; (c) Club's improper maintenance of any exercise equipment or premises; (d) Club's lack of staffing, negligent instruction or supervision; (e) Club's negligent hiring or negligent retention of any employee or independent contractor; (f) loss of consortium; (g) your slipping and falling while in any club or on the surrounding premises; or (h) first aid, emergency treatment or any other services which are negligently rendered or failed to be rendered by Club or its employees, emergency personnel or good Samaritans, or Club's negligently preventing a good Samaritan from rendering first aid. Member further acknowledges that Club does not manufacture fitness or other equipment, but purchases and/or leases equipment from manufacturers or distributors. Member understands and acknowledges that Club is providing recreational or health related services, and will not be held liable for an alleged defective product.
5. Member acknowledges they are joining a 24hr key club for which all general areas are both video and audio recorded (except in bathrooms and locker rooms). Member has been made aware of these recordings and gives their verbal permission for these recordings to take place and Member also acknowledges that there are certain times when the Club is not staffed/manned. It is the Member’s responsibility to familiarize yourself with all emergency exits. It is also the member’s responsibility to prevent, not participate and report tailgating (entering facility with another person without swiping access card) upon entry. Members found tailgating will be cancelled immediately and charged a cancellation fee of $175 plus any applicable daily rates due immediately upon notification. If your card is lost or stolen, the replacement cost will be $15. Card must be returned at end of membership within 24hrs of cancellation request or an additional $30 fee will be added to your final balance.
6. In further consideration of being permitted to participate in all club activities, exercise classes, personal training and fitness programs, I knowingly, voluntarily and expressly waive any claim I may have against BWC, its owners, management entity, agents, employees and independent contractors, for injury, death or damages that I may sustain as a result of participation in any BWC activities, exercise classes, personal training, fitness programs and any use of the facilities or premises, including those areas of the premises used to access the facilities (entrance ways, parking lot, hallways, etc.), programs or the use of the facilities.
7. It is specifically understood that BWC, its owners, agents, employees and independent contractors shall not be responsible or liable to those who use the facilities of BWC or their guests for articles of personal property lost or stolen in the facilities nor damages to their automobiles and contents thereof.
I have read the above RELEASE AND WAIVER OF LIABILITY and fully understand its contents. I voluntarily agree to the terms and conditions stated above.