Waiver and Release of Liability, Express assumption of risk:
I. AGREEMENT TO FOLLOW DIRECTIONS
I agree to observe and obey all posted rules and warnings and further agree to follow any oral instructions or directions given by Phi Strength and Performance - THE GYM, or the employees, representatives, or agents of THE GYM.
II. ASSUMPTION OF THE RISKS AND RELEASE
I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Phi Strength and Performance - THE GYM for injury, loss, or damage arising out of my or my family's use of or presence upon the facilities of Phi Strength and Performance - THE GYM, whether caused by the fault of myself, my family, THE GYM, or other third parties.
III. INDEMNIFICATION
I agree to indemnify and defend Phi Strength and Performance - THE GYM against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may, in any way, arise from my or my family's use of or presence upon the facilities of Phi Strength and Performance - THE GYM.
IV. FEES
I agree to pay for all damages to the facilities of Phi Strength and Performance - THE GYM caused by my or my family's negligent, reckless, or willful actions.
V. APPLICABLE LAW
Any legal or equitable claim that may arise from participation in the above shall be resolved under Ohio law.
VI. NO DURESS
I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
VII. ARM'S LENGTH AGREEMENT
This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
VIII. ENFORCEABILITY
The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
IX. EMERGENCY MEDICAL TREATMENT
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation at THE GYM. I understand that I am responsible for all medical costs incurred.
X. PHOTO AND VIDEO RELEASE
I understand that Phi Strength and Performance - THE GYM may photograph or video activities at THE GYM, and I hereby agree to allow my image to be used in promotional materials for Phi Strength and Performance - THE GYM.
XI. ACKNOWLEDGMENT
I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement.
This is to certify that I, as a parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releases, and for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releases from any and all liabilities incident to my minor child's involvement or participation in these programs as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE.
1) I understand there is to be no yelling or cursing, slamming or dropping of weights, or other loud noises. I also understand I am to re-rack weights when I am finished with them.
2) I have received a key tag and understand I must show it each time I enter the club. All members who need a new key tag will be charged $5.00.
3) I understand I may bring a guest for a $10.00 guest fee per day.
4) All guests I bring in on a 3 or 7 day guest pass need to be over the age of 18 and have a Local I.D. Only first time guest can use guest pass.
5) I understand that my monthly dues will be billed electronically through a checking, Savings, or a major credit card. If I wish to cancel, I understand it will take 30 DAYS to stop my membership and I must come in and complete the cancellation Form. THERE WILL BE A $200.00 EARLY CANCELLATION FEE IF YOU CANCEL IN THE FIRST 6 MONTHS. AFTER 6 MONTHS THERE IS A $100.00 EARLY CANCELLATION FEE.
6) I understand a $20.00 fee will be added for all monthly payments that gets returned. Also there will be a $25 fee for all returned checks. These charges may be changed at the discretion of The Gym and to the extent permissible by law I understand that all policies above are The Gym policies and
EXPRESS WRITTEN CONSENT TO RECEIVE TELEMARKETING EMAILS, CALLS, and TEXTS: by signing this agreement, you (member) authorize the club/facility and/or its service providers, partners, affiliates, including, without limit to deliver, or cause to be delivered to member, at the telephone numbers or email provided by member in this agreement, telemarketing calls, telemarketing texts/emails, and similar communications using an automatic telephone dialing system or an artificial prerecorded voice. Member acknowledges that he/she is not being required to execute this consent (directly or indirectly) as a condition of purchasing any goods or services.