Omni Health & Fitness After-Hours Access Policies
The member agrees to abide by the following policies at all times while on property during non-staffed hours: After-hours access is a privilege for our members and is based on trust and respect. Your after-hours access and/or membership may be revoked without compensation or refund if you fail to comply with the provisions of this agreement. Please understand that Ryte Choice of Beaufort, LLC has this strict policy to protect our members and our business liability. Video Surveillance is active 24 hours a day, 7 days a week in the facility but is not actively monitored until the next day when events are reviewed from the previous day. A system exists to identify situations in which more than one person enters the facility after a card unlocks the door. Your key tag is for your sole use only and is your express responsibility. It cannot be transferred, sold, or borrowed. Sharing a key tag will result in immediate termination of after-hours access and is viewed by ownership as theft of services. If your key tag is lost or stolen it is your responsibility to notify us immediately so that it can be deactivated to ensure the security of our facility. You will continue to be charged until the key tag is deactivated and replaced. One key tag holder at a time may enter the member entrance. No other person may tailgate into the facility with the exception of a personally invited and pre-paid guest as outlined in the guest policy. Under no circumstances will a member open the access door from the inside for any person to enter, regardless of that person having questions, showing a five-day card, having lost their key tag, etc. The member will redirect that person to the after-hours contact information. If the double doors are opened, they will alarm and emergency services will respond. This is an emergency exit only. Guests are not permitted in the gym during non-staffed hours unless personally invited by a member and the guest enters with the member. The guest must use the Omni Portal to pay and sign a waiver before arriving with the member or the member must call and make arrangements during staffed hours. Per insurance requirements, no one under the age of 18 is allowed in the gym during non-staffed hours. This will result in an immediate termination of the adult’s membership. No one under the age of 13 may use any gym equipment at any time, staffed or non-staffed. Children ages 13-17 are welcome during staffed hours. No additional fees are imposed for after-hours access with the exception of a $10 replacement key tag charge if lost or stolen. Members must ensure that a valid credit/debit card or checking/savings account is on file at all times. Membership dues which fail to draft due to insufficient funds, expired card, no such account, etc. will cause the access to be suspended after the fourth day of non-payment or failed draft. A $10 fee is assigned by the payment processor and will be passed on to the member. Incidental item purchases (snacks, drinks, etc.) operate on the honor system and should either be paid through the member’s online account or an IOU created as directed. Items will be charged to the member’s account daily after reviewing camera triggers. There is no supervision or assistance during non-staffed hours. If the member becomes injured, becomes unconscious, suffers a heart attack/stroke or any other medical emergency or event it is likely that no one will be available to respond to the emergency and the gym has no duty to provide assistance while the member is on premises after hours. A first aid station is located under the key rack, fire extinguishers are located by all doors, and panic alarms are located inside the studio by the door and beside the after hours entrance door. When activated, they will contact emergency services. Hold until the light blinks - this triggers the silent alarm. Members agree to immediately use the after-hours contact information to report any serious issues to staff, such as policy violations, broken equipment that poses a hazard, plumbing or electrical issues, loss of power, etc. Minor spills may be cleaned up by the member using the spill station materials provided. Any act deemed harmful, to include theft, damage to or abuse of equipment, allowing unauthorized access, or harassment of other members may result in loss of gym privileges without refund as well as prosecution to the full extent of applicable law. I Agree
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY AND HOLD HARMLESS/INDEMNIFICATION AGREEMENT Read carefully before signing
In agreeing to participate in fitness activities at Ryte Choice of Beaufort, LLC dba Omni Health & Fitness (OHF), I fully understand and acknowledge that I am purchasing a membership or service that allows UNSUPERVISED access to the facility and that recreational and fitness activities have inherent risks, dangers, and hazards and such exists in my use of any equipment and my participation in these activities. My participation in such activities and/or use of such equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability. No Supervision: I understand that there is no supervision or assistance during non-staffed hours. If I become injured, unconscious, suffer a heart attack, stroke or any other medical emergency or event, it is likely that no one will be available to respond to the emergency and the gym has no duty to provide assistance while the member is on premises after hours. Assumption of Risk: I hereby knowingly, freely, and voluntarily assume the risks, both known and unknown, of any loss, property damage, or personal injury, including death, that I may sustain, and/or loss or damage to property owned by me as a result of participation in activities or use of equipment during staffed and non-staffed hours, even if arising from the negligence of those persons and entities release from liability below. Release: I, on behalf of myself, my personal representatives, heirs, successors and assigns, hereby release, waive and discharge Ryte Choice of Beaufort, Omni Health & Fitness, and their respective affiliates, directors, officers, employees, servants, agents, heirs, successors, and assigns (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death or disability that is sustained to my person or property while participating in the activities or using the equipment of OHF, even if arising from the ordinary negligence of the Released Parties, except that which is the result of gross negligence and/or wanton misconduct. Indemnification: I agree to defend, indemnify and hold harmless the Released Parties from any and all claims, losses, injuries and damages that may arise from my participation in the activities or use of equipment, including but not limited to claims by third parties, even if arising from the ordinary negligence of the Released Parties, except that which is the result of gross negligence and/or wanton misconduct. Photo Release: I hereby grant Ryte Choice of Beaufort, LLC dba Omni Health and Fitness the right to take, edit, alter, copy, exhibit, publish and distribute and make use of any and all photo/video of me to be used for any lawful purpose pertaining to advertising/marketing. IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT: I was explained the after-hours access policies and had a chance to ask questions. I agree to abide by the policies. I have read this assumption of risk, waiver and release of liability and hold harmless/indemnification agreement and fully understand its terms. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, and sign it freely and voluntarily without any inducement, statement, or representation, whether written or oral. |