This agreement may be cancelled by notifying Elev8 Fitness within five (5) business days after receiving a copy of this agreement. If you wish to cancel your month to month membership at Elev8 Fitness. I understand that by providing a 30 day notice I will continue to be billed on the regular scheduling billing date during the 30 day period and have full access to my membership through the month of the last scheduled billing date.
FOR VALUE RECEIVED, I do hereby release, waive, discharge, and covenant not to sue, and indemnify, defend and hold harmless Elev8 Fitness, its owners, officers, members, managers, employees, subcontractors, affiliates, volunteers, and agents ("Indemnified Parties") from claims, liabilities, suits, damages, costs and expenses (including without limitation reasonable attorney`s fees and costs) resulting from damage to, loss of, or theft of personal property, claims resulting from use of facilities, premises or equipment provided by any of the Indemnified Parties and resulting from personal injury (including death) from accidents or illness arising directly or indirectly from activities provided, directed, suggested, or planned by any of the Indemnified Parties.
I do hereby completely assume the inherent risks associated with the use of facilities, premises or equipment provided by the Indemnified Parties. I acknowledge that fitness and conditioning activities, by their very nature, carry with them certain inherent risks that cannot be eliminated regardless of the care an individual may take to avoid them.
I understand that some fitness and conditioning activities involve strenuous exertions using various muscle groups, sometimes involving quick movements with rapid speed and change of direction, while others involve sustained physical activity that place stress on the cardiovascular system. In addition, many activities will involve heavy equipment and/or complex machines that have the potential of malfunctioning or causing serious injury, including death.
I further acknowledge that the risks associated with fitness and conditioning activities include, without limitation:
(1) Minor injuries such as scratches, bruises, muscle strains, and sprains
(2) Although rare, major injuries such as ligament damage, broken bones, joint or back injuries, concussions, and heart attacks; and
(3) Although extremely rare, catastrophic injuries including partial or full paralysis and death.
AMENDMENT TO STANDARD WAIVER
In light of the recent COVID-19 pandemic, we are taking advanced measures to ensure the safety of our members and staff.
As with any activity, we cannot eliminate all risks completely. Member hereby acknowledges this and assumes any and all risks associated with COVID-19. Member also acknowledges that he/she is not experiencing any sickness or symptoms of COVID-19 and will abide by the revised policies and mitigation protocols required to enter and use the facility.
Member further promises to adhere to revised policies including but not limited to: Wearing face coverings, washing hands upon entry to and departure from the Elev8 Fitness, keeping at least six-foot distance from one another, (Put an imaginary treadmill or two between yourself and other members) cleaning all touch surfaces before and after use (supplies will be provided) coughing/sneezing into their elbow, and practicing good hygiene.
Member’s also understands that their unique ID (4 digit PIN #) is for their exclusive use only. Member agrees to not facilitate entry to the Elev8 Fitness of any other persons either by providing their PIN # or by opening the door for others wishing to gain entry without specific advanced permission from Gym staff.
The undersigned wishes to engage in these activities, and expressly assumes such risks and waives any claim he/she may have against the Elev8 Fitness or those employed by the Elev8 Fitness as a result of bodily injury incurred in said activity, including claims that are based on negligence or breach of warranty implied or otherwise. The undersigned further agrees to hold Elev8 Fitness and those employed harmless from physical damage to others or from property damage.
This Waiver of Liability, Indemnity, And Assumption of Risk Agreement ("Agreement") shall be binding on me, my heirs, personal representatives, successors, and assigns. I acknowledge that I have received, read and do understand the terms and conditions of this Agreement.
These standard guidelines for cleaning, sanitation, disinfection and re-opening best practices are based on the information from Center for Disease Control and Prevention (CDC), World Health Organization (WHO), and Arizona Department of Health Services (AZDHS)
Requirements and Attestations:
1. I agree to have my temperature taken before or upon entering the facility. If my temperature is 100.4 degrees or above, I will not enter the club.
2. I agree that I will not visit or use the facility if I am sick or exhibit the signs or symptoms of COVID-19.
3. I confirm I do not have any signs and symptoms related to, and have not been knowingly exposed, to a person diagnosed with COVID-19 or suffering signs and symptoms of COVID-19. If the above status changes, I agree not to visit the facility until I have met the qualifications established by the CDC.
4. I agree to comply with requests from Elev8 Fitness staff to promote a healthy and safe facility for the members, employees, and guests.
5. All members will enter the facility wearing a mask. (CDC requirements of face coverings apply)
6. Per the AZDHS requirements and county or city mask ordinances, Members must should wear a face covering while inside the facility. Members should still maintain 6 feet of physical distancing even while wearing a face covering. Please be respectful to our staff as they enforce these requirements.
7. I agree to keep 6 feet between myself and other Members and staff while in the facility.
Waiver:
In light of the COVID-19 pandemic, and in addition to the waiver I originally executed with my Member Agreement, I assume the risk of use of Elev8 Fitness for myself and any minors on the membership under the age of 18. I agree that, in addition to the release contained in my Membership Agreement, by using Elev8 Fitness I assume all risk of contracting a virus or disease, and do hereby release Elev8 Fitness from any liability therefor, even if the result of Elev8 Fitness negligence.
By signing or using any facility after August 26, 2020, I acknowledge and agree to the terms above.
An Annual Fee is due on all memberships and is $25.00. The Annual Fee of $25.00 will draft on the 3rd month after join date and again every 12 months on the same date so long as your membership remains in effect.
Members may not give out their codes for others to use, they are specific to you and your name and photo only.
Members will not instruct or train other members while in the Gym.
Members must wear shirts and shoes at all times while in the facility. Women may not wear only a sports bra or bikini top when working out.
Members may not bring outside equipment for use in the Gym.
No soliciting Staff or other Members while in the facility.
Cell phone courtesy – As a courtesy to others, please take it outside!
Members may not use cameras or make video recordings in the facility.
No one under the age of 14 is allowed access to the gym or lobby area. In the event that a parent or guardian member does bring a minor child into the gym, it is expressly understood that this member assumes full responsibility for the safety of the minor and agrees to hold harmless the Elev8 Fitness for any resultant injury or death irrespective of the circumstances.
Any member 15 years old or younger must always be accompanied by a parent.
Any unused membership will not be refunded and is not transferrable.
If one of the entry doors is open AND you are the last to leave – PLEASE close the door!
No tobacco products, alcohol or drugs in the facility or on the premises.
No vulgar language or gestures.
No animals (except for approved service animals) are allowed in the facility.
If you wish to cancel your month to month membership at Elev8 Fitness. I understand that by providing a 30 day notice I will continue to be billed on the regular scheduling billing date during the 30 day period and have full access to my membership through the month of the last scheduled billing date.
I have read the above statements and understand that failure to follow these membership responsibilities can result in the termination of my membership without a refund.