As a 24-hour fitness facility, KDS Fitness LLC dba WNC Barbell (hereafter referred to as “the gym”), operates with a few extra policies and procedures than a typical fitness facility. Please make sure to read the following information carefully and ask questions to ensure full understanding.
I understand and agree that the 24-hour access to WNC Barbell is a privilege and not a requirement of my membership. I understand that this privilege can be taken away for misuse and non-compliance with the rules set forth. As a gym member, I agree to abide by all gym membership rules and 24-hour access rules, which will be posted at the facility and may be amended at any time at the sole discretion of the gym.
Special 24-Hour Access Rules:
• $10 replacement fob fee
• No guests or non-members during unstaffed hours
• No piggybacking when entering. Everyone must use their own key to enter. If you are caught allowing unauthorized people into the building or allowing someone other than yourself to use your key fob to gain access to the gym, your membership will be cancelled IMMEDIATLEY. That is viewed as stealing.
• No minors under the age of 18 allowed during unattended hours unless preapproved by management and accompanied by a member parent.
• Facility is for work-out only. Misuse of the facility and/or equipment will be terms for cancellation. • Do not enter areas that are listed as unauthorized.
• Appropriate gym attire required.
I have read and understand that improper, unauthorized use of the facility will result in the suspension or total cancellation of my membership without refund. I agree that I will not allow anyone other than myself to use my key for any reason. The gym reserves the right to suspend or cancel the rights, privileges and membership of any member whose actions are detrimental to the use, safety, and enjoyment of the facilities.
I understand that I am purchasing a membership that does allow for 24-hour access to the gym. I am also aware that there will be no supervision or assistance available except during staffed hours. Staffed hours may change at the sole discretion of the gym. I am also aware that if I get injured, become unconscious, suffer a stroke or heart attack or any other medical emergency or event that there will likely be no one to respond to my emergency and that the gym has no duty to provide assistance to me while I am at the gym. I understand that even though the gym is equipped with security cameras, those cameras are not monitored continuously; help will not be available during non-staffed hours.
Acknowledgement of Risk and Waiver of Liability
I voluntarily assume the risk of injury, accident, death, loss, cost or damage to my person or property which might arise from my use of the gym, and I agree to hold harmless and release the gym and all affiliated corporations, and its officers, directors, board members, agents, employees, representatives, executors, and all others from any and all liability. I also release all of those mentioned and any others acting on their behalf from any responsibility or liability for any injury or damage to myself including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with my participation in any activities or the use of any equipment at the gym during staffed or non-staffed hours.
Cleared for Exercise
I certify that I am in good physical health and I am able to engage in the range of physical activities in which I chose to participate at the gym. I understand and am aware that strength, flexibility, aerobic and anaerobic exercise, including the use of any equipment, is a potentially hazardous activity. I also understand that fitness activities involve a risk of injury and even death and that I am voluntarily participating in these activities and using equipment with knowledge of all the dangers involved. I do hereby agree to expressly assume and accept any and all risks of injury or death either accidental or otherwise. This waiver, release and indemnification agreement includes, without limitation, all injuries which may occur as a result of (a) my use of all amenities and equipment in the facility and my participation in any class, activity or personal training, (b) sudden unforeseen malfunctioning of any equipment and (c) my slipping or falling while in the facility, on the facility premises, including adjacent sidewalls and parking areas. I acknowledge that I have carefully read this waiver, release and indemnification agreement and fully understand that it is a full and complete release of all liability.
This contract represents the complete understanding between you and the gym. No representations, written or oral, other than those contained in this contract are authorized or binding upon the gym. Should any part of this agreement due to legal or other regulatory changes become unenforceable, the remaining provisions within this agreement not impacted by such change shall remain in full force as originally written. I certify that I have read and understand all of the terms of the gym agreement and agree to continue to abide by all of the terms of this agreement.