Online Membership Registration

TERMS AND CONDITIONS OF MEMBERSHIP

I understand that I will make monthly payments starting on the 28th. There is a 3.99% fee added to all credit/debit transactions. I can elect to cancel at anytime with a 30 day notice. I understand that ALL changes affecting this account, including cancellation, must be done in writing 30 DAYS in advance to the due date which is always the 28th of each month.
Cancellations through the mail must be addressed and noted above and postmarked no later than 30 days before the due date, which is the 28th.
We are not responsible for lost or misdirected mail cancellations. For example, if you wish to cancel the 5/28 debit, you must cancel no later than the next to last day of April.
When there are a minimum number of months and the minimum has past the debit will continue until canceled with a 30 day notice. WE NEVER ACCEPT VERBAL CHANGES OR CHANGES VIA EMAIL.

Additional Info Regarding Automatic Dues:
Being-Fit has a unique approach to fitness center memberships. We do not ask for large initiation fees or bind people to long term contracts. Most of our agreements are on a month to month basis and may be canceled if done in writing thirty days prior to the due date which is always the 28th of each month.
We never accept cancellations verbally or via telephone or email.
All we ask is that the automatic debit is not interrupted since we are charged by the company that handles the automatic debit, when funds are not available. We are not responsible for lost or misdirected mail.
If you are charged $15.00 extra, it is for one of the following reasons:
- There are insufficient fund in your account.
- You interrupt payment without notifying Being Fit 30 days’ notice before the due date.
- You did not notify us that a credit card, exp date, or account number changed.
Please be sure that the funds are available on the 28th of each month. Any delinquent accounts will be reported to a large nationwide credit reporting service. This may adversely affect your credit standing.
Please be sure to keep us up to date with your current phone number, mailing address, and email address, as we use these sources to get in touch with you when there has been a problem with your account.

Update Payment Info and Pay Past Due Balances ONLINE.

-Go to www.BeingFitFitnessCenters.com.
-Click on the MEMBERS tab.
-Use your 4 or 5 digit code on the back of your membership card to create a new account. Make sure (BG-) is in front of the number code.
-Choose the Update Billing icon to change credit card or banking info using a checking account, visa, or master card.
You can do this at any time to avoid interruptions in the auto-debit, or if your bank sends you a new credit card for any reason.
If you have received communication via email, text, or by phone of a past due balance, log in to your account and choose Make a Payment to pay your balance.

BEING FIT OF MIRA MESA INC

d/b/a BEING FIT FITNESS CENTERS

8292 MIRA MESA BLVD

SAN DIEGO, CA 92126

858-549-3456

[email protected]

Membership Agreement

Agreement made on this date between BEING FIT OF MIRA MESA INC, D/B/A BEING FIT FITNESS CENTERS, a Corporation organized and existing under the laws of the state of California, located at 8292 Mira Mesa Blvd, San Diego, CA 92126, referred to herein as the Health Studio, and the individual signing this Agreement electronically, hereinafter called Client.

Whereas Client desires to become a client of the Health Studio and cannot become a client without agreeing to the rules and regulations set forth below and abiding by the terms of this Agreement;

Whereas, the Health Studio provides access to physical training through open gym access. All services are intended to improve the health and wellness of Client;

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. MEMBERSHIP FEES, TERM, CANCELLATION, HOLD, AND RATE INCREASES

All Membership options are listed below. Membership use and services must be paid for in advance. All fees and schedules are subject to change without notice. All debit/credit card transactions incur a 3.99% convenience fee. At the present time, membership options and fees are as follows:

Premium Membership = $85/mo
1. Unlimited Group Training Sessions
2. Unlimited Group X Classes Access
3. Open Gym Access
Group X Classes = $30/mo
1. Unlimited Access to Large Group Classes
2. Open Gym Access
Basic Access = $25/mo
1. Open Gym Access

*All Clients are charged a one time enrollment fee of $35.00

Term: Services under this Agreement will begin on the date Client signs this Agreement. This Agreement automatically renews on the twenty-eighth (28th) day of each month. Any membership options started in the middle of a month will be prorated to the twenty-eighth (28th) of that month. Client understands that by signing this Agreement, Client has no right to a refund or credit for any part of a membership payment unless otherwise provided for in this Agreement or by law.

Monthly Membership: Clients electing the monthly membership option will be automatically billed every thirty (30) days on the twenty-eighth (28th) day of each month starting on the date this Agreement is signed. Client is not entitled to any refunds or credits for any unused portion of this Agreement unless otherwise provided for by this Agreement or by law.

Prepaid Membership: Clients electing to pre-purchase a membership by paying in advance in full understand that this membership option expires at the end of the pre-purchased terms. Once purchased, the Health Studio does not provide any refunds or credits for unused services outside of this Agreement. Short-term pre-paid memberships of 3 months or less are non-transferrable and non-refundable.

Cancellation: Client may cancel this Agreement at any time by filling out and signing a form provided at the front desk and/or providing written notice to Health Studio through regular or certified mail to the address listed above. Postage containing the cancellation notice must be postmarked thirty (30) days prior to the next billing date. Any automatic payments scheduled within the Client’s thirty (30) day notice window will be processed. Health Studio is not responsible for any lost or misdirected mail.

Client may cancel this Agreement at any time outside the cancellation requirements listed above if one or more of the following conditions exist:

If, during his/her membership, Client becomes disabled in a manner that affects his/her capacity to use or enjoy the Health Studio’s facilities, Client may cancel his/her membership with no further payments and a prorated portion of any amount prepaid for his/her thirty (30) days will be refunded to Client. Client must provide the Health Studio verification of his/her disability from a physician and Client must request the refund.
If, during his/her membership, Client dies, his/her estate representative may cancel his/her membership with no further payments and a prorated portion of any amount prepaid for his/her thirty (30) days will be refunded to Client. His/Her representative must request the refund.
If, during his/her membership, Client moves more than twenty-five (25) miles from any Health Studio, Client may cancel his/her membership with no further payments and a prorated portion of any amount prepaid for his/her thirty (30) days will be refunded to Client. Client must provide the Health Studio with proof of his/her new residence and Client must request the refund.

Health Studio may cancel this Agreement at any time for any reason.

Hold/Freeze: Clients may hold an automatic payment for up to four (4) months per calendar year for a minimum one (1) month period. There is a max of two (2) holds per Client membership lifetime. To apply a hold on the next billing date, Health Studio requires Client to provide written notice through form found at the front desk by the twenty-fifth (25th) of the month. No other form of hold request will be accepted. Failure to notify Health Studio of the hold by the twenty-fifth (25th) of the month in advance of the Client’s next billing date will result in no hold and Client will be automatically changed as set forth in this Agreement. Client will be assessed a $10.00 fee for each hold request. At the end of Client’s hold, payments will automatically begin again.

Special arrangements, repairs, and maintenance may make it necessary for the Health Studio to restrict use of or close. Fees will not be reduced or suspended during the time when the facility is not available.

Class Schedules for Group Training and Group Exercise are subject to change at any time for any reason.

Rate Increases: Health Studio reserves the right to increase membership rates and fees with notice to Client.

2. AUTOMATIC PAYMENT AUTHORIZATION

Client represents and warrants that if Client is purchasing something or paying for a service from this Health Studio that (i) any credit card, debit card, or bank account draft (ACH Draft) information Client supplies is true and complete, (ii) charges incurred by Client will be honored by Client’s credit card company or financial institution, and (iii) Client will pay the charges incurred by Client at the posted prices, including any applicable taxes, fees (3.99% for credit/debit cards), and penalties. A $15.00 fee will be assessed for insufficient funds errors, an interruption of payment, or a change in credit card information without notice as required in this Section 3.

Client hereby authorizes (if online payment is made or autopay information is provided) this Health Studio to charge Client’s ACH draft, credit card, or debit card account for the following amounts: (1) Client’s recurring membership dues, and (2) any other fee for other goods/services Health Studio provides that Client instructs Health Studio to bill to Client’s account on file.

Authorized EFT payments may be separately initiated or, to the extent permitted by law, combined with other authorized EFT payments. Client will receive notice if Client’s EFT rate is changing and have the choice of whether to continue or cancel Client’s membership at that time. If tax rates applicable to Client’s account change and alter such Client’s automatic payment in accordance with this Agreement, Client consents to receive notice only if the charge varies by more than 10%. Client may cancel EFT authorization by giving Health Studio written notice of termination in accordance with this Agreement. Client agrees to give Health Studio notice if Client’s billing or Account information changes. If Client decides to change Client’s billing information, a 15-day notice is required.

3. ACCESS TO HEALTH STUDIO

This Agreement applies only to the individual signing this Agreement. Only the Client signing this Agreement is granted access to the Health Studio. Client must check-in at door or front desk of each visit. Client is aware that the Health Studio uses cameras. Any Client caught granting access to non-members will be assessed a $25.00 penalty fee to the billing form of payment on file. This is a no exceptions policy. Health Studio reserves the right to deny access to any Client determined by Health Studio to be unfit for entry.

4. OTHER SERVICE FEES

All services outside of this Agreement are subject to additional hourly rates, monthly rates, and/or specialty fees.

5. ATTIRE

Clean athletic clothing is required. Athletic closed toed shoes are required and must be clean. No street clothes allowed on the gym floor.

6. CONDUCT

The Health Studio is committed to the health, safety, and welfare of each of its clients and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. Clients are prohibited from filming others without consent. The Health Studio has the right to judge behavior and respond accordingly. This right includes, but is not limited to, a lifetime termination of membership of any Client engaging in unacceptable behavior.

7. CHILDREN

Members must be at least fourteen (14) years of age to obtain a membership, with parent/guardian permission. There is no childcare available on-site.

8. DAMAGES

Client shall pay for any damages to the Health Studio’s property which results from the willful or negligent conduct of Client, Client’s guest, or dependent children.

9. LOST ARTICLES

Health Studio assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be donated to charity.

10. ASSIGNMENT OF AGREEMENT

Health Studio reserves full authority to sell, assign or transfer its right to receive payment from Client at its discretion. Health Studio does not give refunds for any goods or services that have been ordered, paid for, and/or received on behalf of the Client. All other refunds are at the sole discretion of the Health Studio

11. This Agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.

12. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. Proper venue and jurisdiction shall be the State of California, San Diego County.

If Client fails to pay the full amount agreed to in this Agreement, and the unpaid balance is not paid within the thirty (30) day period, Client may be liable for the amount of the payment plus damages equal to three times that amount.

Unless the unpaid amount is paid in full within the time specified, the dishonored payment and all other available information relating to the unpaid amount will be turned over to collections.

13. Client has read, and fully agrees to the terms of this Agreement and understands and agrees that by signing this Agreement Client has given up considerable future legal rights. Client has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her.

In witness whereof, I understand my rights and obligations as stated above. I confirm that I am a legal adult (unless otherwise indicated below) and that I have read and understand this Agreement and I am aware that by signing this Agreement I am agreeing to all of the terms outlined above. I have executed this Agreement and the above terms, as of this date, and acknowledge receiving a copy of this signed Agreement.

CUSTOMER`S RIGHT TO CANCEL

You, the buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to

BEING FIT FITNESS CENTERS

8292 MIRA MESA BLVD

SAN DIEGO, CA 92126

If you cancel within the five days, the health studio will return to you within thirty (30) days all amounts you have paid.

WAIVER OF LIABILITY

BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT

PLEASE READ CAREFULLY!

BEING FIT OF MIRA MESA INC, D/B/A BEING FIT FITNESS CENTERS STRONGLY RECOMMENDS THAT YOU CLEAR YOUR PARTICIPATION IN ANY PROGRAM WITH YOUR PHYSICIAN. THE PROTOCOLS OF THIS PROGRAM WILL INVOLVE YOU IN RELATIVELY HIGH INTENSITY WORKOUTS OR INTENSE BODYWORK AND IT IS IMPORTANT YOU UNDERSTAND THE FOLLOWING:

ACKNOWLEDGEMENT OF DANGER: I will be participating in physical training sessions (1-on-1, semi private, and/or group training), group fitness classes, and/or utilizing the fitness center in an unsupervised capacity for exercise and fitness, upon the terms and conditions of this Agreement and/or those provided for in the Premises at BEING FIT OF MIRA MESA INC, D/B/A BEING FIT FITNESS CENTERS (collectively known as “Services”). I am fully aware that these Services are of a nature and kind that are extremely strenuous. I recognize and understand these Services are not without varying degrees of risk, which may include, but are not limited to the following: (1) PHYSICAL INJURY AND/OR DEATH including minor injuries and major injuries such as joint and back injuries, broken bones, concussions, rhabdomyolysis, musculoskeletal injuries, cardiovascular injuries, heart attack, stroke, brain injury, and injury to my fetus (if pregnant); (2) exposure to, and sickness from, infections viruses, bacteria and disease, including but not limited to, COVID-19; and (3) property damage.

ACCEPTANCE OF RESPONSIBILITY: I willingly assume full responsibility for any and all risks that I am exposing myself to as a result of my participation in any Services in and surrounding the location listed above (known hereinafter as the “Premises”), and accept full responsibility for any all risk of death, serious personal injury, temporary or permanent disability, or property loss and/or damage suffered by me or my property in connection with the Services whether or not described in this Agreement, known or unknown, inherent or otherwise, or while visiting, traveling to or using the Premises.

ASSUMPTION OF RISK: Understanding, acknowledging, and accepting all the risks and hazards involved with the Services, I freely and voluntarily choose to participate, enter, and use the Premises, and I HEREBY VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS, DAMAGES, THEFT, INJURY OR DEATH THAT MAY OCCUR TO ME OR MY PROPERTY AS A RESULT OF OR INCIDENT TO MY PARTICIPATION IN THE SERVICES, INCLUDING THE RISK I MAY BE INJURED BY THE ACTIONS, OMISSIONS, REPRESENTATIONS OR NEGLIGENCE OF BEING FIT OF MIRA MESA INC, D/B/A BEING FIT FITNESS CENTERS, ITS OWNERS, AGENTS, OFFICERS, PRINCIPALS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND VOLUNTEERS (THE “RELEASED PARTIES”), OTHER PARTICIPANTS OR THIRD PARTIES WHILE PARTICIPATING IN THE SERVICES OR FROM OR USING OR VISITING THE PREMISES. I understand and agree that this Agreement will be binding on me, my spouse (or registered domestic partner), my guardians, the executors or administrators of my estate, my heirs, my personal representatives, my assigns, my successors in interest, my children, and any guardian ad litem for said children (collectively, the “releasors”). I accept full and complete responsibility for the safety of myself, any guests, observers or other individuals who I have invited to the Premises, and property we have brought to the Premises, and I assume the risk of damage, theft, loss or injury caused by others to me, my guests and our property. I also accept full and complete responsibility for the consequences of taking unreasonable risks while participating in the Services or using the Premises, including, without limitation, attempting activities that I am not qualified to perform safely, causing any other participants/spectators an unreasonable risk of harm, or failing to follow correct safety procedures when using the Premises and participating in the Services.

PHYSICAL CONTACT ACKNOWLEDGEMENT: I understand that the Services may involve physical contact between myself, other participants, and the Released Parties. I give permission to be touched in a professional manner by those representing BEING FIT OF MIRA MESA INC, D/B/A BEING FIT FITNESS CENTERS and recognize that they will have direct contact with me. I acknowledge that it is my responsibility to notify BEING FIT OF MIRA MESA INC, D/B/A BEING FIT FITNESS CENTERS if I am uncomfortable with this physical contact and will work with BEING FIT OF MIRA MESA INC, D/B/A BEING FIT FITNESS CENTERS to determine how I may continue to participate in the Services with no contact.

PUBLICITY RELEASE: For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby irrevocably grant to BEING FIT OF MIRA MESA INC, D/B/A BEING FIT FITNESS CENTERS, the irrevocable, perpetual and unrestricted (except as expressly set forth below) right and permission, to use and publish my appearance (“publicity rights”) in any and all media now or hereafter known in connection with BEING FIT OF MIRA MESA INC, D/B/A BEING FIT FITNESS CENTERS, the Services, including any goods or products, or any related activities to any of the foregoing (all such medium in which the Publicity Rights are used shall be referred to as the “pictures”), for any commercial purpose whatsoever, without royalty, payment, or any other compensation whatsoever to me. For such use of the Publicity Rights and the Pictures, I understand and agree that I will not be entitled to any compensation or consideration beyond my participation in the Services. I further agree that BEING FIT OF MIRA MESA INC, D/B/A BEING FIT FITNESS CENTERS may edit, alter, digitize, synchronize, reproduce or otherwise change the Pictures for any such purpose. I acknowledge that I shall have no, and hereby expressly disclaim, any ownership, authorship or moral rights in the Pictures or any part thereof.

CLOSED-CIRCUIT VIDEO SURVEILLANCE: I recognize the need for closed-circuit video surveillance on and about Premises for security and productivity purposes. I recognize and agree that it is a condition of participation at BEING FIT OF MIRA MESA INC, D/B/A BEING FIT FITNESS CENTERS that I freely execute and agree to this closed-circuit video surveillance, included being personally recorded pursuant to said closed-circuit video surveillance. I agree that the Released Parties may use any taping of my image, voice or appearance at any time pursuant to said closed-circuit video surveillance at its discretion in the ordinary course of its operations.

AUDIO/VISUAL PUBLICITY WAIVER: I agree to indemnify and hold harmless the Released Parties, its agents, successors, and assigns, from any and all claims, demands, actions or causes of action, liabilities, costs, dues, sanctions, fees, penalties, or expenses of any sort arising from the making of such recordings of me and their lawful and appropriate use. I further acknowledge that BEING FIT OF MIRA MESA INC, D/B/A BEING FIT FITNESS CENTERS exclusively owns all rights to these recordings regardless of the form in which they are produced or used.

COPYRIGHTS: The rights granted to the Released Parties herein include, without limitation, all rights of every nature whatsoever in connection with use of the Pictures, including without limitation all copyrights (and any other intellectual property rights) therein and renewals and extensions thereof. I acknowledge and agree that all copyrights and right of every other kind relating or pertaining to the Pictures described above are the sole property of BEING FIT OF MIRA MESA INC, D/B/A BEING FIT FITNESS CENTERS and I have no claim to the copyrights (or any other intellectual property rights) in the Pictures.

SERVICE ANIMAL: I understand that only dogs trained as service animals, within the definition of the Americans with Disabilities Act, to perform tasks or work for a person with a disability are permitted at BEING FIT OF MIRA MESA INC, D/B/A BEING FIT FITNESS CENTERS.

Service animals must be well-behaved and under control at all times. If the service animal is not under control, or behaving inappropriately, I understand that BEING FIT OF MIRA MESA INC, D/B/A BEING FIT FITNESS CENTERS may ask me to leave. Inappropriate behavior includes showing aggression, being disruptive, or not being housebroken. I understand that if the presence of the service animal poses a direct threat to the health or safety of others that cannot be mitigated, I may be asked to remove the service animal from the premises. I shall be liable for any damage or injury to any person or property caused by such animal as a result of my negligence or failure to control or properly handle the service animal. I will indemnify, defend, and hold harmless the Released Parties for any damages, loss, expenses, attorneys` fees, costs, judgments or liability which might accrue as the case may be, because of the my negligence or failure to control or properly handle the service animal.

WAIVER: In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in the Services, I HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS OR CAUSES OF ACTION, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, ACCIDENT, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE, DESTRUCTION, DELAY, INCONVENIENCE OR OTHER HARM OF WHATEVER NATURE THAT MAY BE DIRECTLY OR INDIRECTLY RELATED TO, ARISING FROM OR SUSTAINED FROM PARTICIPATION IN THE SERVICES AND/OR USE OF THE PREMISES OR ACTIVITIES RELATED THERETO, NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER NEGLIGENT ACT OR OMISSION OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF ANY RELEASED PARTIES OR OTHERWISE, provided that nothing in this Section shall be deemed to release any Released Party from liability arising from their own willful or intentional injury to me or my property.

CONSENT TO MEDICAL TREATMENT: I understand that the Services that take place on the Premises may not be supervised and that BEING FIT OF MIRA MESA INC, D/B/A BEING FIT FITNESS CENTERS does not provide medical services. I understand that certain prescribed medications may exacerbate these physiological changes and create an even greater risk of physical damage or death. In connection with any injury that I may sustain or illness or other medical conditions that I may experience during my presence at BEING FIT OF MIRA MESA INC, D/B/A BEING FIT FITNESS CENTERS, I authorize and consent to receive any emergency first aid, medication, medical and/or surgical treatment deemed necessary by the attending personnel and/or the Released Parties. I acknowledge that the Released Parties are under no obligation to provide such medical treatment or services, and the Released Parties do not warrant or make any representation concerning the adequacy or continuation of such medical services, nor can the Released Parties be deemed responsible or held liable for any claims arising out of the provision of such medical services or the failure to provide or to continue to provide such medical services. I further authorize the Released Parties to execute on my behalf any permission forms, consents or other appropriate documents relating to medical attention and to act on my behalf if not able or immediately available to do so and the same is urgent as determined in their sole discretion. I ACKNOWLEDGE AND AGREE THAT EMERGENCY ASSISTANCE AND/OR TREATMENT MAY BE RENDERED BY PERSONS WITH TRAINING OR EXPERIENCE WHICH MAY NOT BE ADEQUATE FOR CERTAIN MEDICAL SITUATIONS AND/OR THE INJURIES SUSTAINED BY ME, WHICH INJURIES MAY BE COMPOUNDED BY NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER INDIVIDUALS OR MEDICAL OR EMERGENCY PERSONNEL AND WAIVE ANY CLAIM IN RESPECT THEREOF. I expressly acknowledge that if BEING FIT OF MIRA MESA INC, D/B/A BEING FIT FITNESS CENTERS is located some distance from medical facilities, that such distance may exacerbate any injury or condition sustained by me. I shall be responsible for all costs associated with such medical care and related transportation.

PERSONAL PROPERTY: I am responsible for the security and safety of my own property and any personal effects I use, bring to or leave at the Premises, and that the Released Parties cannot guarantee the security or safety of my property. Should I leave any property at the Premises or otherwise in the custody of the Released Parties, I do so at my sole and absolute risk. None of the Released Parties shall have any liability to me or anyone else in the event of loss, damage, destruction or use, whether authorized or not, by any person or theft of any such property.

INDEMNIFICATION: I SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, LOSSES, COSTS, DAMAGES, EXPENSES, SETTLEMENTS, JUDGMENTS, CAUSES OF ACTION AND LIABILITIES OF ANY KIND WHATSOEVER, WHETHER FORESEEN OR UNFORESEEN, INCLUDING ATTORNEYS’ FEES, IN LAW OR IN EQUITY, ARISING OUT OF OR RESULTING FROM ANY CLAIM RELATED TO MY PARTICIPATION IN THE SERVICES, INCLUDING WITHOUT LIMITATION, MY BREACH OF THIS AGREEMENT OR PREMISES RULES AND POLICIES, ANY INDIVIDUAL I INVITE TO THE PREMISES, OR ANY OTHER THIRD PARTY CLAIM RELATED TO THE SERVICES.

COVENANT NOT TO SUE: I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises.

GOVERNING LAW AND VENUE: This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of California, without giving effect to the principles of conflicts of law. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in California, San Diego County.

I have fully read and fully understand the foregoing assumption of risk, and release of liability, and I understand that by signing, it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights. I have been provided an opportunity to ask an attorney questions regarding this form and any fitness related program, as well as questions for clarity. By signing, I am verifying that I have received adequate and sufficient answers to all of my questions.