RON ELITE STRENGTH AND FITNESS
RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND WAIVER OF CLAIMS
IMPORTANT: THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY BEFORE SIGNING.
In consideration for being permitted to enter, access, observe, participate in activities at, or otherwise use the Iron Elite Strength and Fitness, Inc. (“Iron Elite”), training facility located at 6761 Sierra Court, Suite B, Dublin, California 94568 (the "Facility"), and any equipment, services, programs, classes, training areas, lockers, common areas, parking areas, or related premises (collectively, the "Activities"), the undersigned participant ("Participant") agrees as follows:
Participant understands and acknowledges that exercise, strength training, conditioning, cardiovascular activities, functional fitness, weightlifting, use of free weights, resistance equipment, exercise machines, stretching, mobility work, group fitness activities, and all other fitness-related activities involve inherent and significant risks.
These risks include, without limitation:
• slips, trips, and falls;
• equipment malfunction, failure, misuse, or improper adjustment;
• collisions with persons or objects;
• overexertion;
• dehydration;
• muscle strains, tears, sprains, and orthopedic injuries;
• concussion and head injuries;
• broken bones;
• cardiac events, including heart attack;
• stroke;
• illness or infection;
• permanent disability;
• paralysis; and
• death.
Participant further understands that the Facility may be operated during certain hours without employees, trainers, medical personnel, or other supervision present. During un-staffed hours Iron Elite will have no ability or obligation to detect or respond to medical or other emergencies occurring at the Facility and will have no obligation to provide assistance or otherwise respond by calling 911.
Participant knowingly and voluntarily accepts and assumes all risks, known and unknown, foreseeable and unforeseeable, associated with the Activities and use of the Facility.
Participant represents and warrants that:
(a) Participant is physically capable of participating in the Activities;
(b) Participant has consulted with a physician regarding participation if appropriate;
(c) Participant will immediately discontinue activity and seek medical attention if Participant experiences pain, dizziness, faintness, shortness of breath, chest pain, or other signs of distress;
(d) Participant is participating voluntarily and entirely at Participant`s own risk;
(e) If Participant is executing this RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND WAIVER OF CLAIMS on behalf of a minor, all representations herein are made on behalf of such minor Participant.
Participant understands that Iron Elite does not provide medical advice, medical evaluation, diagnosis, treatment, monitoring, or emergency medical services.
To the fullest extent permitted by California law, Participant, on behalf of Participant and Participant`s heirs, family members, minors for whom Participant is executing this Release, personal representatives, successors, assigns, insurers, and estate, hereby releases, waives, discharges, and covenants not to sue Iron Elite Strength and Fitness, Inc. and its owners, shareholders, partners, directors, officers, managers, employees, contractors, trainers, volunteers, agents, affiliates, landlords, successors, and assigns (collectively, the "Released Parties") from any and all claims, demands, actions, causes of action, damages, liabilities, losses, costs, or expenses of any kind arising out of or relating to:
• Participant`s presence at the Facility;
• Participant`s use of the Facility;
• Participant`s participation in the Activities;
• Participant`s use of Facility equipment;
• acts or omissions of other members, guests, trainers, or third parties; and
• the ordinary negligence of any Released Party.
This Release applies to claims for personal injury, bodily injury, emotional distress, property damage, economic loss, wrongful death, and any other losses or damages.
THIS RELEASE INCLUDES CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.
This Release does not apply to claims arising from gross negligence, reckless conduct, or willful misconduct to the extent such claims cannot lawfully be waived under California law.
Participant agrees to defend, indemnify, and hold harmless the Released Parties from and against any claims, demands, actions, liabilities, damages, judgments, costs, and attorneys` fees arising from:
(a) Participant`s conduct at the Facility;
(b) Participant`s violation of Facility rules or policies;
(c) Participant`s negligent or intentional acts or omissions; or
(d) Participant`s breach of any agreement with Iron Elite.
Participant understands that personal property brought onto the Facility is at Participant`s sole risk. The Released Parties are not responsible for lost, stolen, misplaced, or damaged personal property, including property stored in lockers.
If emergency medical care is deemed necessary, Participant authorizes emergency medical treatment. Participant understands that neither Iron Elite nor any Released Party has any duty to provide medical treatment, supervision, transportation, or rescue services. Participant accepts full responsibility for all medical expenses incurred.
Participant expressly waives the provisions of California Civil Code Section 1542, which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
Participant understands and acknowledges the significance of this waiver and intends to release unknown claims to the fullest extent permitted by law.
Participant acknowledges that portions of the Facility are monitored by visual or audio-visual security systems and consents to such recording as described in the Membership Agreement.
If the Participant is under eighteen (18) years of age, the undersigned parent or legal guardian of Participant represents and warrants that:
(a) they are the lawful parent or legal guardian of the minor Participant;
(b) they have authority to execute this Release on behalf of the minor;
(c) they consent to the minor`s participation in the Activities;
(d) they agree to all provisions of this Release both individually and on behalf of the minor Participant.
The parent or legal guardian further agrees, to the fullest extent permitted by law, to release and hold harmless the Released Parties from claims arising from the minor Participant`s participation in the Activities.
This Release shall be governed by and construed in accordance with the laws of the State of California.
If any provision of this Release is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
PARTICIPANT ACKNOWLEDGES THAT:
• PARTICIPANT HAS CAREFULLY READ THIS RELEASE;
• PARTICIPANT UNDERSTANDS ITS TERMS;
• PARTICIPANT UNDERSTANDS THAT PARTICIPANT IS GIVING UP SUBSTANTIAL LEGAL RIGHTS;
• PARTICIPANT IS SIGNING THIS RELEASE VOLUNTARILY;
• PARTICIPANT INTENDS THIS RELEASE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW.
In addition to all other fees due under this Agreement, Member agrees to pay a recurring, non-refundable annual fee of $25.00. This fee will be billed on the annual anniversary and on each annual anniversary thereafter.
By signing this Agreement and accessing the Iron Elite fitness facility located at 6761 Sierra Court, Suite B, Dublin, California 94568 (the “Iron Elite Facility”), Member agrees to the following terms and conditions.
1. MEMBERSHIP TERMS
Member is granted a non-transferable, revocable license to use the Iron Elite Facility during authorized hours, subject to this Agreement and all posted policies and rules, including our Code of Conduct. Member represents that they are at least eighteen (18) years old (or, if under 18, that this Agreement is signed by a parent or legal guardian of Member). Member understands and acknowledges that Iron Elite may operate the Iron Elite Facility without on-site staff during some or all hours of operation. Member accepts full responsibility for their own safety and conduct while using the Iron Elite Facility.
2. ENROLLMENT FEE; MONTHLY DUES
Member agrees to pay all membership dues, late or rejected payment fees, and other charges associated with the selected membership plan. Member authorizes Iron Elite to charge the payment method provided for recurring membership dues and any authorized fees. Member will be charged the monthly membership fee in advance of each month of the membership by the fifth (5th) business day of each Billing Month. “Billing Month” means each calendar month.
Base Fees
Enrollment Fee: A one-time enrollment fee of $29.00 will be charged when you sign up for a new membership. This fee is in addition to your monthly membership dues and will be collected with your first payment. The enrollment fee applies only to new memberships and will not be charged as part of your recurring monthly dues.
Monthly Dues: Member’s monthly membership dues (“Monthly Dues”) are:
Adult Membership (Standard Access): $69.00
Adult Membership (24/7 Access): $89.00
Family Membership (Standard Access): $59.00
Family Membership (24/7 Access): $79.00
Student Membership (Standard Access): $49.00
Student Memberships are available to individuals in school aged 15, 16, or 17 years. Student members may only use the Iron Elite Facility during the standard operating hours.
Additional Fees
Annual Fee. In addition to all other fees due under this Agreement, Member agrees to pay a recurring, non-refundable annual fee of $25.00. This fee will be billed on the annual anniversary and on each annual anniversary thereafter.
Failed or Rejected Payments
If any payment is declined, rejected or returned unpaid:
Iron Elite may suspend facility access privileges;
Member remains responsible for unpaid balances;
For late, returned, or rejected Monthly Dues payments, Member will be charged an additional fee of $25 as an administrative cost associated with each late, declined, returned, or rejected payment.
Price Changes
Iron Elite reserves the right to modify the Monthly Dues upon at least thirty (30) days’ prior written notice. Member consents to receipt of all notices and other communications to the Member’s email address provided by Members.
3. MEMBERSHIP TERM AND TERMINATION
Month-to-Month Membership; EFT/Auto-Pay Cancellation.
This is a month-to-month membership. Member expressly authorizes Iron Elite and its designated payment processor(s) to automatically charge Member’s designated payment method for all recurring dues, late or declined payment fees, and any other charges authorized under this Agreement. Member agrees to maintain a current and valid payment method on file at all times during the membership term. If Member’s payment method expires or is replaced, Member authorizes Iron Elite and/or its payment processor(s) to use account updating services where available.
Member Cancellation. Subject to Member`s rights under applicable law, Member may cancel this month-to-month Membership by submitting written notice of cancellation to Iron Elite to the following email address: [email protected] (a "Cancellation Notice"). A Cancellation Notice shall become effective as of the last day of the then-current Billing Month, provided Iron Elite receives the Cancellation Notice before the end of such Billing Month. If a Cancellation Notice is received after the commencement of a new Billing Month or after Membership dues for such Billing Month have been charged, the cancellation shall become effective at the end of that Billing Month.
All Membership dues, fees, and other charges paid or incurred under this Agreement are nonrefundable and fully earned when paid, except to the extent a refund is expressly required by applicable law. No prorated refunds, credits, reimbursements, or offsets shall be issued for any unused Membership time or for Member`s failure or decision not to use the Iron Elite Facility during any Billing Month.
Member shall remain entitled to Membership access through the effective date of cancellation unless Membership is earlier suspended or terminated pursuant to this Agreement.
Cancellation of an EFT authorization, credit card, ACH authorization, or other payment method shall not constitute cancellation of Membership. Member remains responsible for all Membership dues and other charges accrued through the effective date of membership cancellation, together with any returned payment fees, collection costs, and other amounts recoverable under this Agreement and applicable law. Nothing in this Agreement is intended to waive, limit, or impair any non-waivable rights or remedies afforded to Member under applicable law.
Iron Elite Membership Termination. Iron Elite may suspend or terminate membership immediately for:
In the event of Iron Elite cancellation of membership, no refunds shall be provided except as mandated by law.
Cancellation due to Member’s Disability, Death, or Relocation
If Member dies or becomes disabled such that Member cannot physically use the Iron Elite Facility for an extended period, Member or Member’s estate may cancel this Agreement in writing and receive any refund required by California law. If Member relocates more than 25 miles from the Iron Elite Facility and is unable to transfer the membership to a comparable facility, Member may also have cancellation rights as provided under California law.
Temporary Closure, Force Majeure
Iron Elite reserves the right to temporarily close all or part of the Iron Elite Facility for maintenance, repairs, cleaning, emergencies, special events, or circumstances beyond Iron Elite’s control without refund or credit, except as required by law. Iron Elite shall not be liable for interruptions or unavailability of facilities or services caused by events beyond its reasonable control, including acts of God, utility failures, public health emergencies, governmental orders, labor disruptions, or emergencies.
4. FACILITY ACCESS
Personal Use Only
Access applications, cards, key fobs, mobile credentials, PINs, or access/entry codes are for Member’s exclusive, personal use only. Member may not permit any non-Member or other unauthorized person to enter using Member’s access credentials. Member acknowledges that allowing unauthorized persons to enter the Iron EliteFacility (“tailgating” or “piggybacking”) is strictly prohibited and may result in immediate termination of membership and financial responsibility for any resulting damages or losses.
Unauthorized sharing of access credentials or enabling entry of unauthorized persons into the Iron Elite Facility may result in:
5. RULES AND CONDUCT
Member agrees to comply with:
Prohibited conduct includes, but is not limited to:
Iron Elite may update facility rules, policies, operating procedures, and Code of Conduct from time to time upon notice to Member. Material modifications to this Agreement shall require notice to Member and shall become effective as permitted by applicable law.
6. ASSUMPTION OF RISK
Member understands and acknowledges that the Iron EliteFacility may operate without employees, trainers, or medical personnel present and that emergency response may therefore be delayed. Member agrees to use all equipment made available at the Iron Elite Fitness Facility only in the manner intended and only if Member understands the proper and safe use of such equipment. Member voluntarily assumes all risks associated with exercising in an unattended or minimally supervised fitness environment. Member understands that participation in fitness activities involves inherent risks, including but not limited to:
Member voluntarily assumes all risks associated with use of the Iron Elite Facility, including risks associated with use of an unattended or minimally supervised athletic facility and, further, assumes all risk associated with the use of equipment and services provided by Iron Elite.
7. RELEASE AND WAIVER OF LIABILITY; REPRESENTATION OF PARENT/LEGAL GUARDIAN OF A MINOR
To become a Member, Member must execute the Iron Elite Liability Waiver and Release of Claims (the “Release”) on behalf of Member and any minor securing membership through a parent or legal guardian, which Release shall become part of this Agreement. The Release includes a release of claims for ordinary negligence and is incorporated into this Agreement by reference as though fully set forth herein. If Member is under 18 years of age, the parent or legal guardian signing below represents and warrants that they have legal authority to execute this Agreement and the Release on behalf of the minor Member.
8. MEDICAL AND FITNESS REPRESENTATIONS
Member represents for themselves and any minor securing membership through an adult parent or legal guardian that they and/or, if applicable, the minor:
Iron Elite is not a medical provider and does not provide medical advice, supervision, diagnosis, treatment, monitoring, or emergency medical services.
9. Video Surveillance Notice.
Member understands and acknowledges that video surveillance cameras operate throughout portions of the Iron Elite Facility on a continuous basis for various purposes including security, safety, access control, incident investigation, enforcement of policies, and protection of Members, guests, staff, and property. By entering and using the Iron Elite Facility, Member consents to such video recording and monitoring. Surveillance cameras are not monitored continuously in real time, and recordings may be reviewed, retained, disclosed, or provided to law enforcement, insurers, legal counsel, or other third parties as reasonably necessary for security, safety, legal compliance, claims investigation, or protection of Iron Elite’s rights and property. Recordings may be permanently deleted periodically by Iron Elite. No cameras shall be installed in restrooms or other areas where privacy is legally protected.
10. PERSONAL PROPERTY
Iron Elite provides lockers at the Iron Elite Facility for Members’ convenience while using the Facility. Iron Elite assumes no duty to safeguard Member property. Iron Elite is not responsible for lost, stolen, or damaged personal property, even if secured by Member using the locker’s provided by Iron Elite for Members’ convenience. Members are encouraged to secure valuables and avoid bringing unnecessary and/or valuable items into the Iron Elite Facility.
11. EMERGENCY PROCEDURES
In the event of an emergency:
Thereafter, Member should notify Iron Elite management as soon as practicable by text to: (510) 209-5023;
12. GOVERNING LAW
This Agreement, including the incorporated Release, shall be governed by and construed under the laws of the State of California. Any dispute arising under this Agreement shall be resolved in the courts located in Alameda County, California.
13. SEVERABILITY
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14. ENTIRE AGREEMENT
This Agreement and the Release constitutes the entire agreement between the parties and supersedes all prior oral or written communications regarding membership. No amendment of this Agreement, including the Liability Waiver and Release shall be effective unless in writing and signed by Iron Elite.
California Consumer Rights Notice
California law permits you to cancel this Agreement until midnight of the fifth (5th) business day after the date you sign this Agreement, excluding Sundays and holidays. To terminate this Agreement and cancel your membership, mail, email, or deliver a written, signed, and dated Cancellation Notice stating that you are canceling this Agreement, or words of similar effect, to:
Iron Elite Strength and Fitness, Inc.
Attention: Cancellation
6761 Sierra Court, Suite B
Dublin, California 94568
Email: [email protected]
MEMBER ACKNOWLEDGMENT
By signing below, Member acknowledges that they:
Member consents to the use of electronic signatures, records, and communications and agrees that electronic acceptance of this Agreement shall have the same legal effect as a handwritten signature.