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House of Brethren Fitness,Inc  375 Tennant Avenue LLC, any and all tenant

375 Tennant Avenue Morgan Hill, CA 95037

BRETHREN RELEASE AND LIABILITY

Out of Town/Drop-In Rates $20.00 ~ Thanks for coming!

 

Express Assumption of Risk:I am aware that there are significant risks involved in all aspects of physical training. These risks include, but are not limited to: falls which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment. I am aware that any of these above mentioned risks may result in serious injury or death to myself and/or my partner(s). I affirm that I have received, read and understood the Rhabdomyolysis Warning and its attachments.

 

I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while at Brethren Fitness. I, the undersigned acknowledge that I have no physical impairments or illnessesthat will endanger myself or others.

 

Release: In consideration of the above mentioned risks and hazards, and in consideration of the fact that I am willingly and voluntarily participating in the activities available at Brethren Fitness, I hereby release House of Brethren Fitness Inc , 375 Tennant Avenue LLC, any and all tenants, their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties.

 

This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, the remainder of the agreement shall remain in full force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with House of Brethren Fitness Inc to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.

 

Images: I authorize House of Brethren Fitness Inc to take pictures and movies of me and use them on their website and other promotional and educational materials.

 

Indemnification: I recognize that there is risk involved in the types of activities offered by House of Brethren Fitness Inc. I therefore accept financial and all other responsibility for any injury that I may cause either to myself or to others. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I will reimburse them for such fees and costs. I agree to indemnify and hold harmless House of Brethren Fitness Inc, 375 Tennant Avenue LLC, any and all tenants, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by House of Brethren Fitness Inc.

 

Waiver and Release of Liability

Brethren urges you and all members to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise classes. All exercises, including the use of free weights and use of any and all machinery, equipment, and apparatus designed for exercising shall be at the member’s sole risk and liability. Member understands that the agreement to use, or selection of exercise programs, methods and types of equipment shall be the members entire responsibility , and Brethren shall not be liable to member for any claims, demands, injuries, damages, or actions arising due to injury to member’s person or property arising out of or in connection with the use by member of the services, facilities, and premises of House of Brethren Fitness Inc. Member hereby holds House of Brethren Fitness Inc owners, independent contractors and employees harmless from all claims which may be brought against them by member or on member’s behalf for any such injuries or claims.

 

Brethren reserves the right to film, photograph, or record within the gym facility and at outside events. The footage will be used for promotional purposes only.

 

Cancellations

You the buyer may cancel any term agreement with no penalty with in the first 30 days after signing up if you have not attended Brethren for more than 3 classes.

 

All Membership agreements require a 30 day written cancellation notice. Cancellations must be submitted in writing or email no verbal cancellations will be accepted. All month to monthly and term agreements will be charged one billing cycle after the receipt of the cancellation notice.

 

If you do not receive a confirmation within 4 business days, immediately contact Brethren (408)390-3890 or email lee@brethrencrossfit.com

 

All request: email cancellations/requests must be submitted to lee@brethrencrossfit.com or written notices dropped off at Brethren 375 Tennant Avenue Drive, Morgan Hill, CA 95037

 

Refunds

Any holder of this consumer contract is subject to all claims and defenses which the buyer/member could assert against Brethren as a result of this contract. Recovery by the buyer/member shall not exceed the total amount paid by the buyer/member to Brethren pursuant to this contract. No refunds will be awarded only cancellation fees will be waived. Such cancellation must be in writing to Brethren. Memberships and term agreements paid in full are final and non refundable.

 

No discounts or refunds are given for purchases made. Regardless of a lower sale price offered to any other member or guest. It is at the discretion of Brethren to change the price of any membership, merchandise or service offered.

 

Personal Training sessions are purchased directly from Brethren Trainers, whom are independent contractors. Personal Training sessions are non refundable nor transferable and expire within 90 days of purchase. Personal Training sessions require a 24 hour cancellation or session will be charged at full price.

 

Termination of Contracts/Memberships

A violation of one or all Brethren policies will result in termination of contract or membership. Terminating a contract or membership does not allow for a refund, sales are final.

 

Payment and Account Changes

The account holder is required to meet the arranged payment plan as specified at the time of purchase. If any changes or updates need to be made to the account, the account holder must notify Brethren.

 

Freeze Requests

A freeze can be placed on a 6 month or 1 year membership account for medical or pregnancy leave reasons. A written notice from your doctor must be submitted along with your written request. You must state the number of four week long freezes that you want to apply to your account. If the account holder attends classes during a freeze, the freeze will immediately be removed and the full charge for that month will be applied.

 

PARTICIPATION POLICIES AND CODES OF CONDUCT

 

In accordance with Brethren Code of Conduct and standards of care for the fitness industry, the following policies are to be understood and followed by EVERYONE that uses Brethren’s facilities. Before using the facility, all participants must complete the registration packet and pay appropriate fees. Staff led tours are available upon request.

 

Individuals under the age of 18 will not be permitted to use our facility without a signed parental consent. No one under the age of 10 is permitted to use the facility, only after their parent or guardian checks them in.

 

No food or drinks, other than a closed beverage container are permitted in our facility. Participants are expected to be courteous of each other and staff. Courteous behavior includes, but is not limited to appropriate language and gestures.

 

Appropriate exercise clothing and shoes are required for use of our facility. Inappropriate clothing includes, but not limited to sandals, flip flops, jeans. To protect the floor, only appropriate athletic shoes are permitted. High heels, dress shoes and other hard soles footwear or shoes leaving black marks are not permitted.

 

The Brethren membership carries with it the responsibility of appropriate conduct. Violation of any rules or other abusive or irresponsible behavior will result in a suspension of Brethren privileges permanently.

 

By signing below you acknowledge that you have read and under stood the policies, terms and conditions of Brethren Fitness.

 


 

Rhabdomyolysis Warning

 

People new to the pace and intensity of CrossFit workouts may be at risk of exertional rhabdomyolysis which is a potentially lethal condition initiated by the kidneys in response to the presence of shed muscle-fiber debris and exhaust in the bloodstream due to intense exertion of the muscles. Exertional rhabdomyolysis can disable, maim and even kill you.

 

The initial onset signs of Exertional Rhabdomyolysis often go unnoticed, even by the person experiencing it. A person experiencing Exertional Rhabdomyolysis is unlikely to ask for help or notify other people around him/her that they are having symptoms. It is also unlikely that the trainer or any other individual would be able to perceive the onset of Exertional Rhabdomyolysis.

 

YOU ARE RESPONSIBLE FOR HEEDING YOUR OWN BODY’S LIMITATIONS. YOU ARE RESPONSIBLE FOR SETTING YOUR OWN LEVEL OF EXERTION. DO NOT EXCEED YOUR BODY’S LIMITATIONS. ONLY YOU KNOW WHAT THESE LIMITS ARE.

 

Our goal is for you to focus on safely learning proper form and technique on the skill sets comprising our workouts. It will be incumbent upon you to restrain yourself from working out at 100% of your maximum effort for at least your first eight (8) workouts with Brethren CrossFit. You may not participate in any activity at this facility until you acknowledge in writing that you are aware of, understand and assume full risk of Exertional Rhabdomyolysis that may result from performing a workout at maximum effort.

 

If you attest that you are ready to workout at your full effort level for the first time, you must inform the trainer(s) leading the workout that you will be exerting yourself at your maximum level of effort.

 

By signing this form I acknowledge that I:

 

Read and understood the above Warning;

 

Agree not to exercise at my maximum level of effort until I have trained at least eight (8) CrossFit workouts at this facility;

 

Acknowledge that I will or have read and understood the CrossFit Journal Articles entitled “CrossFit-Induced Rhabdo” by Greg Glassman and “Killer Workouts” by Eugene Allen. These articles are available for free download at journal.crossfit.com by searching “rhabdo”. They are also linked on the CrossFit Laguna Beach website.

 

Am solely responsible for using common sense in setting my own level of intensity, and am aware of, understand and assume all risk for the possibility of Exertional Rhabdomyolysis.

 

Even with reasonable precautions and preparation, I may induce Exertional Rhabdomyolysis. I willingly assume this risk, and request CrossFit training regardless of potential injury.

 

I have read and understood the foregoing and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property. I understand that by signing this form I am waiving valuable legal rights.

 

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
I understand that I may cancel my contract with Brethren Fitness with a thirty day written notice via email or by certified mail. lee@brethrencrossfit.com or 675 Jarvis Drive Morgan Hill, CA 95037
I have read and understood the above provisions and agree to be bound by them, as indicated by my signature above and by checking the "Electronic Signature Consent*" below.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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