NOTE: THIS DOCUMENT MUST BE READ AND SIGNED BEFORE THE MEMBER OR PARTICIPANT IS PERMITTED TO USE THE FITNESS CENTER AT 30 WEST FITNESS AND RECREATION. BY SIGNING THIS AGREEMENT THE MEMBER OR PARTICIPANT AFFIRMS THAT HE OR SHE HAS READ IT, HAS UNDERSTOOD IT AND IS IN AGREEMENT WITH ITS CONTENTS.
The undersigned ("Member"), desires to become a member of 30 West Fitness & Recreation, L.L.C. ("30 West”), and agrees to the following terms and conditions:
1. MEMBERSHIP ACCESS. Member will be issued both a member number and an access code, which will entitle Member to enter the premises and enjoy the use and benefit of the facilities of 30 West (collectively, the "Facility"). Member agrees not to allow any other person(s) access to the Facility using Member's access code, and Member will not allow anyone to enter the Facility along with Member. Member agrees to safeguard the identity of the access code. Management reserves the right to charge member responsible for violation of conditions (i.e. member allows non-member to his/her access code to use gym will be charged the daily rate for each occasion allowing non-member to use access code and facility). Should Member violate any conditions of Membership Access, the membership may be revoked with no refund, and criminal prosecution may be applicable.
2. FACILITY AND HOURS OF OPERATION. The Facility is an unmanned fitness center and, with the exception of any closures for maintenance or any mandatory shutdowns by property management or any governmental authority, is open daily 4am - midnight.
3. DRESS POLICY. 30 West requires that members wear appropriate clothing and footwear while in the Facility. Appropriate clothing includes gym shorts, T-shirts, jogging suits, aerobic wear and sweat outfits. Street clothing not considered appropriate clothing. Members are required have a separate pair of clean shoes to wear when using fitness center.
4. PERSONAL TRAINING. Should Member wish to make arrangements for personal training with one of the other members who is a trainer or an outside trainer, such arrangement shall be solely and exclusively between Member and the trainer. 30 West is not a party to any arrangement between members of 30 West for personal training. 30 West shall not be liable in any way for results or lack of results obtained from any personal training arrangement activities between its members. All releases and waivers of liability herein apply to any and all fitness activities in which Member engages, regardless of any arrangement between members for personal training. Any introduction(s) by 30 West of a member who is a personal trainer to Member shall not be considered by Member to be an endorsement of the trainer by 30 West. No member of 30 West who is a personal trainer shall represent himself or herself to be an employee or an affiliate of 30 West in any way other than as a member of the Facility.
5. RULES AND REGULATIONS. Member acknowledges that 30 West operates under rules and regulations established for the safety and protection of its members, and agrees to be bound by such rules and regulations, as well by the rules and regulations subsequently approved and posted or otherwise published by 30 West. Such rules and regulations in effect from time to time are incorporated into this Agreement by reference. Facilities, equipment, hours, service, regulations and policies are subject to change from time to time, without prior notice, in the sole discretion of 30 West. Member agrees to accept such reasonable change(s) as a condition of membership. Member additionally recognizes:
a. Under no circumstances shall Member move exercise equipment or use the equipment in any manner not authorized by 30 West.
b. All equipment shall be wiped down by Member after each use, with the supplies provided by 30 West.
c. This membership is for Member, and Member only, and Member will not give access to another individual.
d. Member will not misuse the equipment.
e. All members must be at least sixteen (16) years of age, with the only exception being members fourteen (14) or fifteen (15) years old, whose membership and liability are in connection with, with permission of a legal guardian, and supervised by an adult (18+) at all times while accessing the Facility.
f. Management reserves the right to grant special use permits.
g. Members shall conduct themselves in a quiet, well-mannered fashion so as not to cause any disturbance which may interfere with the use and enjoyment of the Facility by any other member. Profanity or indecent language and/or behavior will not be tolerated. Any conduct deemed by 30 West, in its sole discretion, to be offensive, potentially harmful, dangerous or abusive will not be tolerated, and shall be grounds for termination of Member's membership by 30 West.
h. 30 West shall not be responsible for any lost or stolen items.
i. Member should not occupy any equipment for an extended period of time. Member should allow others waiting to use such equipment to work into their rotation.
j. The climate of the Facility is controlled by 30 West and is set to provide the optimum exercise environment for the majority of its members. Members shall not change or seek to change any environmental controls and shall never prop open any doors or windows to the Facility for any purpose.
6. PROHIBITED ACTIVITIES. Possession and/or use of alcohol, illegal drugs, and cigarettes (including e-cigarettes and all other forms of smoking) are prohibited within the Facility and grounds. Member agrees not to use the Facility or engage in any activity at 30 West while under the influence of drugs, alcohol, or medication that may impair Member's ability to operate the equipment. No weapons of any kind are allowed. 30 West reserves the right, in its sole discretion, to limit the consumption of food or beverages, or to the use of outside equipment within the Facility. Gambling or gaming is prohibited within the Facility or on the premises.
7. PAYMENT OF MEMBERSHIP FEES. All payments to 30 West are final and can be made by one of the following options:
❏ Monthly “Moonlight Premier”:
❏ Monthly EFT (Electronic Fund Transfer):
❏ Under this option, a payment in the amount of $ _________ must accompany the Application and will be taken out on a Monthly Basis.
❏ Paid in Full:
❏ Under this option, a payment in the amount of $ __________ must accompany the Application. Membership will be renewed at year-end unless member opts to cancel. Initiation Fee is waived if member chooses Annual Paid in Full option.
Should Member select the Monthly EFT Draft Payment option, Member agrees to pay the then-current monthly Membership Fee, plus applicable taxes, each month thereafter through automatic withdrawals from an account maintained by Member in a financial institution, pursuant to a debit authorization form signed by Member. Additionally, Member shall pay with this Agreement, an initiation fee of Forty Dollars ($40.00).
8. CANCELLATION POLICY/TERM. All memberships of 30 West are either annual or monthly, and payments are due in advance.
● Automatic drafts will not be canceled without thirty (30) days written notice, either by certified mail, hand-delivery to the management of 30 West, or by electronic means (i.e., email). No refunds will apply.
● Members may freeze their membership as they please however, must thirty (30) days written notice, either by certified mail, hand-delivery to the management of 30 West, or by electronic means (i.e., email). No refunds will apply.
9. DEFAULT/REMEDIES. Any monthly payment received more than ten (10) days after the due date shall be subject to a late charge of Twenty Dollars ($20.00).
10. BINDING EFFECT. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors and assigns.
11. ENTIRE AGREEMENT. This Agreement, including the schedules, lists and other documents referred to in this Agreement which form a part of this Agreement, embody the entire agreement and understanding of the parties with respect to the subject matter contained in this Agreement. There are no restrictions, promises, warranties, covenants or undertakings, other than those set forth or referred to in this Agreement. This Agreement supersedes all prior agreements and understandings between the parties with respect to each subject matter.
12. GOVERNING LAW. This Agreement, and all documents mentioned herein by reference, shall be governed by the laws of the State of Minnesota.
13. FURTHER ASSURANCES. The parties agree to execute such further documents as may be necessary, proper or convenient, for the purpose of fully effectuating the terms and conditions of this Agreement.
14. SUSPENSION AND TERMINATION. I understand that 30 West may suspend or terminate my membership at any time, in it sole and absolute discretion, for non-payment of Membership Fees or for violation of any of 30 West’s policies and procedures, and that in so doing, 30 West assumes no further liability to adhere to the terms of this Agreement.
15. ACCEPTANCE OF TERMS. As a Member, I understand that I am entitled to use the Facility within the scope of the membership that I have selected, and that I am obligated to pay my dues and fees regardless of whether or not I use the Facility. I agree to promptly update 30 West of any change in my contact information (including address, telephone number or email address) or change in credit information.
I certify that I have read the foregoing Membership Agreement, and that by signing below, I acknowledge that I understand and agree to be bound by all of the terms and conditions hereof. I further acknowledge that a fully executed copy of this Membership Agreement has been provided to me.
I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY AND ALL CLASSES, EVENTS AND ACTIVITIES HELD AT 30 WEST FITNESS AND RECREATION, IN USING ANY FITNESS EQUIPMENT LOCATED AT 30 WEST FITNESS AND RECREATION, AND THE FACILITY ITSELF, WHETHER INDEPENDENTLY AND/OR IN CONJUNCTION WITH ANY CLASS LEADER, FITNESS COACH, TRAINER, OR ANY OTHER PERSON, INCLUDING FELLOW PARTICIPANTS, MEMBERS OR GUESTS OF 30 WEST FITNESS AND RECREATION, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, from negligent acts in teaching a class, leading an activity or event, or providing fitness instruction, coaching or training, or because of their possible liability without fault.
I certify that I am physically able and that I am knowledgeable, have prepared, and have the skill necessary for participation in 30 West Fitness and Recreation's classes, events, and activities and/or for my use of its equipment and the facility. I attest that I have not been advised by a qualified medical professional to avoid participation in the above activities. I affirm that there are no health-related reasons or problems that would preclude my participation in any of 30 West Fitness and Recreation's classes, events and activities, and/or my use of the equipment and facility.
I recognize that there are inherent risks in my participation in any classes, events and activities at 30 West Fitness and Recreation. I further understand that my use of 30 West Fitness and Recreation's equipment and facilities may involve a test of a person's physical and mental limits and carries with it the potential for minor injuries, serious injuries, death or property loss.
The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, guests, volunteers, monitors, class leaders, teachers, fitness instructors, trainers or coaches, owners and/or producers or sponsors of the classes, events, activities or owners, employees, and/or contractors who own and/or maintain the equipment and the facilities. These risks are not only inherent to Participants and Members, but are also present for guests or volunteers.
As such, I affirm that I agree to assume sole responsibility for the inherent risks of my participation in classes, events and or activities at 30 West Fitness and Recreation, and in my use of its equipment and facilities.
I further acknowledge that this Accident Waiver and Release of Liability Form will be used by the owners, employees, independent contractors, teachers, class leaders, fitness coaches trainers, holders, sponsors, and organizers of any activity or class or equipment or facility use in which I may participate, and that it will govern my actions and responsibilities while participating at 30 West Fitness and Recreation's classes, events and activities and while using its equipment and facilities.
In consideration of my application and permitting me to participate in these 30 West Fitness and Recreation's classes, events and activities, and/or use of its equipment and facilities, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE 30 West Fitness and Recreation, LLC from any and all liability and claims, including but not limited to, liability and claims arising from the ordinary negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity, as well as THE FOLLOWING ENTITIES OR PERSONS: 30 West Fitness and Recreation, LLC and/or its directors, officers, members, mangers, employees, independent contractors, volunteers, representatives, and agents, ISI Ventures, LLC, and/or its directors, officers, members, managers, employees, independent contractors, volunteers, representatives, and agents, and the class, event or activity holders, sponsors, and volunteers, insurance carriers, suppliers, persons or entities maintaining the equipment and the facility; AND
I INDEMNIFY, REIMBURSE, DEFEND, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in the above Paragraph A from any and all liabilities or claims made as a result of participation in this activity, whether caused by the ordinary negligence of the released parties or otherwise, including but not limited to, attorney’s fees, court costs and/or investigative costs. This indemnification provision applies to all liability or claims made by the Participant or Member, Participant’s or Member's parent or guardian, or others arising out of the injury or loss to Participant or Member and claims of co-Participants, rescuers, and other arising from the conduct of the Participant during the participation in classes, events or activities or use of the equipment or facility. I acknowledge that 30 West Fitness and Recreation, LLC, its directors, officers, members, managers, employees, independent contractors, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific class activity or event on their behalf.
(B) The above release of liability extends to all phases of participation in classes, events, or activities and to all areas of use of the equipment or facility, including but not limited to warm-ups, cleaning of equipment, full use of the facility, such as restrooms, entryways, beverage or food service areas, sidewalks, and parking lots.
I agree to follow all safety rules, directives and instructions of 30 West Fitness and Recreation LLC, as well as its officers, members, managers, employees, independent contractors, class leaders, teachers, fitness instructors, coaches and trainers, volunteers, representatives, agents and representatives. Furthermore, I hereby consent to receiving, at my sole cost, first aid, CPR, AED’s, medical treatment and transportation to a hospital by ambulance, as is deemed advisable in the event of my injury, accident, and/or illness during this class, event, activity, or during the use of equipment or the facility and I authorize the sharing of confidential or protected information to assist the first responders and medical professionals in caring for me.
Venue or jurisdiction for any claim or liability by a Participant or Member or Participant's or Member's minor child shall be in St. Louis County, Minnesota and be governed by Minnesota law. The undersigned Participant or Member shall submit any for liability covered by Accident Waiver and Release of Liability Agreement to binding arbitration.
The Accident Waiver and Release of Liability Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable Minnesota law. In the event that one portion of the Accident Waiver and Release of Liability Agreement is deemed to be void, this shall have no effect on the remaining portion of the Accident Waiver and Release of Liability, which shall still be fully enforced.
This Accident Waiver and Release of Liability Agreement shall remain valid until it is expressly revoked by written notice from me to 30 West Fitness and Recreation, LLC, or the termination of my membership whichever occurs first; provided, however, that any such revocation shall not in any manner affect my assumption of the risk, my waiver and release of liability and indemnification given hereunder for any acts or occurrences prior to the receipt of said written notice by 30 West Fitness and Recreation and/or prior to termination of my membership.
I have read this Release of Liability and Waiver Agreement, and I certify that:
- I fully understand its terms;
- I understand that I have assumed the risk of personal injury or property loss and have given up substantial rights by signing it;
- I have signed it freely and voluntarily without any inducement.
Moreover, in so doing, I am freely and voluntarily participating in 30 West Fitness and Recreation's classes, events and activities and/or I am using 30 West Fitness and Recreation's equipment and facilities with the full intent of releasing 30 West Fitness and Recreation, LLC of liability for injury or loss due to the inherent risks of the classes, events and activities, and of the use of the equipment and facilities as a result of 30 West Fitness and Recreation, LLC's ordinary negligence.
*PARENT/GUARDIAN OF MINOR CHILD (14-17 year-olds): With my permission, my minor child is voluntarily participating in 30 West Fitness and Recreation’s classes, events, and activities and is voluntarily using its equipment and facilities with the full intent of releasing 30 West Fitness and Recreation, LLC from liability for any person’s injury, damages or loss due to the inherent risks in the classes, events, and activities, and in the use of the equipment and facilities that arise from the ordinary negligence of 30 West Fitness and Recreation, LLC.
I recognize that the classes, events and activities, and the equipment and facilities at 30 West Fitness and Recreation may not be designed for children and could result in increased risk of physical injury to some children and that these injuries may have a permanent effect. Such injuries may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, or any other illness or soreness, including death.
I certify that my minor child is physically able and is knowledgeable, is prepared, and has the knowledge and skill necessary to participate in 30 West Fitness and Recreation’s classes, events and activities, as well as the knowledge and skill necessary to properly use its equipment and facilities. I further attest that my child has not been advised to avoid participation in such activities by qualified medical professional. I certify that there are no health-related reasons or problems that would preclude my minor child’s participation at any 30 West Fitness and Recreation’s classes, events and activities and/or to use its equipment and facilities.
I further understand that my child’s access to 30 West Fitness and Recreation may vary and that local hours, rules, and restrictions apply. Specifically, I agree that any child of mine who is 13 years of age and under shall only participate in 30 West Fitness and Recreation’s classes, events or activities and shall only its equipment under my direct supervision or that of another parent or guardian. I also agree that any child of mine who is between the ages of 14 years old and 17 years old may participate in 30 West Fitness and Recreation’s classes, events or activities and/or may use its equipment and facilities without having a parent or guardian present. In so doing, I acknowledge that 30 West Fitness and Recreation, LLC does not guarantee to provide staff supervision of my child and that most of 30 West Fitness and Recreation’s hours are unstaffed.
On behalf of my minor child, I knowingly and voluntarily and expressly waive any claim I may have against 30 West Fitness and Recreation, LLC or any instructor, employee, officers, owners, personal trainer or volunteer of 30 West Fitness and Recreation, LLC for injury or damages that my child may sustain as a result of participating in 30 West Fitness and Recreation’s classes, events or activities and/or and use of its equipment or facilities. I, my heirs or representatives forever release waive, discharge and covenant not to sue 30 West Fitness and Recreation, LLC, its employees, officers, owners and sub-contractors for any injury or death caused by their negligence or other acts. The above release of liability extends to all phases of participation in classes, events, or activities and all areas of use of the equipment or facility, including but not limited to warm-ups, cleaning of equipment, full use of the facility, such as restrooms, beverage or food service areas, entryways sidewalks, and parking lots. I understand that the terms of the 30 West Fitness and Recreation, LLC’s Accident Waiver and Release of Liability Agreement are likewise incorporated by reference as it pertains to my child.
In addition, my child agrees to follow all safety rules, directives, and instructions of 30 West Fitness and Recreation as well as its officers, members, managers, employees, independent contractors, class leaders, teachers, fitness instructors, coaches and trainers, volunteers, representatives, agents and representatives. Furthermore, I hereby consent to my minor child receiving, at my sole cost, first aid, CPR, AED’s, medical treatment and transportation to a hospital by ambulance, as is deemed advisable in the event of my injury, accident, and/or illness during this class, event, activity, or use of equipment or the facility and I authorize the sharing of confidential or protected information to assist the first responders and medical professionals in caring for my minor child.
I have been advised that misuse of 30 West Fitness and Recreation’s equipment may result in injury to my child. I have reviewed membership policies set by 30 West Fitness and Recreation with my child. I understand that my child’s failure to follow these policies or misuse of equipment is a direct violation of the membership agreement and may result in revocation of my child's membership.
My child and I have read this Minor Child Health and Liability Waiver and certify that we fully understand its terms, understand that I have assumed the risk of personal injury or property loss and have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement. I agree that I will fully discuss any concerns regarding these risks with staff and representatives of 30 West Fitness and Recreation before signing, and prior to my child’s participation.
Jen Gigliotti - Director of Member Services
Nick Gigliotti - Director of Operations
Candice Sjogren - Director of Marketing
Joel Sjogren - Director of Building Management & Recreation
Today's Date: November 30, 2023