WAIVER OF LIABILITY
I understand that it is my responsibility to consult my personal physician to determine my fitness to engage in exercise programs. I hereby affirm that I am in good health and capable of participating in the fitness activities conducted at Fit Collective, LLC. I am aware that there are inherent dangers in exercise participation and the use of exercise equipment. I acknowledge and understand that such fitness activities involve a risk of injury, including a remote risk of death or permanent disability, which could result in severe social or economic losses. I am voluntarily participating in these activities and using the equipment with the full knowledge, understanding and appreciation of the dangers involved and expressly assume the risks associated therewith. In consideration of being allowed to participate in activities at Fit Collective, I do for myself, my heirs, executors, administrators and/or assigns hereby release, waive and relinquish any and all claims against Fit Collective, LLC, Steele Street Buildings, LLC, and SKB PM I, LLC, its officers, employees, agents and representatives, for injuries or damages to my person or property arising out of, or connected with, my participation in such activities. This release shall apply whether the injury/damage is the result of action, inaction or negligence on my part or on the part of third parties including other participants or Fit Collective trainers, instructors, employees, officers, agents and representatives. I acknowledge that I have carefully read this release and fully understand that in participating in any of the activities at Fit Collective there is the possibility of physical injury. I represent that my participation in any program at Fit Collective is done so of my own free will and entirely at my own risk. I hereby certify that I am at least 18 years of age and competent to enter into this agreement. By clicking on the “Accept” icon, You are effecting an electronic signature and agree to be bound by all the terms and conditions of this Agreement just as if You signed this document in hard copy form.
PHOTO USE RELEASE FORM
I hereby grand and authorize Fit Collective, LLC, the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all pictures or video taken of me to be used in and/or for legally promotional materials including, but not limited to, newsletters, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits, and submissions to journalists, websites, social networking sites and other print and digital communications, without payment or any other consideration. This authorization extends to all languages media, formats and markets now known or hereafter devised. This authorization shall continue indefinitely, unless I otherwise revoke said authorization in writing. I understand and agree that they materials shall become property of Fit Collective, LLC, and will not be returned. I hereby hold harmless, and release Fit Collective, LLC, from all liability, petitions, and causes of action which I, my heirs, representative, executors, administrators, or any other persons may make while acting on my behalf or on behalf of my estate. I warrant that I am of the age of consent (18 years or older) and that I am competent to contract my own name. I have read this release before signing and I fully understand the contents, meaning and impact of this release. If you have ANY questions on the above, feel free to contact us and we would be happy to discuss in greater detail.
This membership agreement (the “Agreement”) is entered into on the day of signature by and between Fit Collective, LLC, (“Fit Collective”) and the signee, (“Member” or “You”).
1. Membership Term: The initial term of your membership shall be for a period of three (3) months from the date of this Agreement. It shall continue in effect on a month-to- month basis until terminated in accordance with the provisions of this Agreement.
2. Membership Fees: Your first month fee is due upon execution of this Agreement. Thereafter, monthly fees are due on the same day of each subsequent month. Fees must be paid automatically by an electronic fund transfer (“EFT”) from a checking account, debit card or credit card. By providing your checking account, debit card or credit card information You are consenting to Fit Collective automatically withdrawing your fees as they come due each month. Your fee shall be based on the specific membership. The current fees for these memberships are set forth as listed on website. Fit Collective reserves the right to adjust its membership fees at any time during the term of this Agreement.
3. Availability of Facility: Fit Collective does not provide an ‘open facility’. Members may use the facility and equipment only during scheduled classes. Hours of operation and class schedule are listed on our website at fitcollectivedenver.com. Fit Collective reserves the right to change operating hours and/or class schedules at its sole discretion.
4. Freeze Policy: Members may put their membership on hold, in one-month increments, for up to four (4) months per year. Notice of freeze must be given to Fit Collective via email firstname.lastname@example.org at least 14 working days prior to the first day of the month to be frozen. Members will not be billed for membership during frozen months. Billing will resume automatically upon end of freeze. Memberships can not be terminated while on a freeze.
5. No Show and Late Cancellation Fees: A Late Cancellation will result in a $10 charge and a No Show will result in a $15 charge. You may cancel a class prior to two (2) hours of your scheduled class without a fee, but within this window there will be the Late Cancel fee. If you sign up for a class and do not show up for that class, you will be charged the No Show fee.
6. Termination of Agreement: You may terminate this Agreement at any time, for any reason, upon at least 14-days advanced notice. Notice of termination must be given to Fit Collective via email email@example.com. Fit Collective may terminate this Agreement immediately if you fail to pay your fees on time or breach any other provision within this Agreement.
7. Lost Articles: Fit Collective assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after 30 days will be donated to charity or thrown away.
8. Code of Conduct: Fit Collective is committed to the health, safety and welfare of all of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. Engaging in such activity shall be grounds for immediate termination of this Agreement.
9. Damages: Member shall pay for any damages to Fit Collective property or equipment which results from his/her willful or negligent conduct.
6. Miscellaneous –
a. This Agreement along with the [Waiver of Liability form] previously signed by the Member, which is incorporated herein by reference, contains the entire understanding between the parties concerning the subject matter hereof, and supersedes any prior written or oral agreements between them. The provisions of this Agreement cannot be waived, altered, amended or repealed, in whole or in part, except by a subsequent writing signed by all parties.
b. Member has read, and fully agrees to the terms of this Agreement and understands and agrees that by executing this Agreement (which contains a waiver, release and assumption of risks) Member has given up considerable future legal rights. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member certifies and warrants that he/she is 18 years of age or older and mentally competent to enter into this Agreement.
c. If any portion of this Agreement is deemed illegal, void or unenforceable, then the remaining provisions in this Agreement shall remain in full force and effect.
By clicking on the “Accept” icon, You are effecting an electronic signature and agree to be bound by all the terms and conditions of this Agreement just as if You signed this document in hard copy form.