CITY GYM WAIVER
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I hereby understand and acknowledge that the training, programs, and events conduct by City Gyms Inc., a Missouri corporation (City Gym), may expose me or my guests to many inherent risks, including accidents, injury, disability, illness, or even death. Regardless of the cause of such accidents, injuries, disabilities, illnesses, or death, I assume all risk associated with participation including, but not limited to, falls, contact with other participants, the effects of the weather, including high heat and/or humidity, my health and the health of other participants, the use of the equipment or facilities, and all other such risks being known and appreciated by me.
I hereby acknowledge that it is my responsibility to recognize and evaluate any physical or mental concerns that might conflict with my participation in a particular activity or use of particular equipment. I acknowledge that I am physically fit and mentally capable of performing the physical activity in which I choose to participate. Further, I acknowledge, I am solely responsible for my safety and well being of myself and any guests. I understand that City Gym does not provide supervision, instruction or assistance for the use of the facilities and equipment.
I agree to comply with all rules imposed by City Gym regarding the services, and use of facilities and equipment included herein as Exhibit A. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose. I represent to City Gym that I am in good health and have no disability, impairment, injury, disease, or ailment that prevents me from engaging in active or passive exercise or which would cause an increased risk or adverse health consequence as a result of such exercise.
I expressly agree that the terms of this Waiver, Release, and Indemnity Agreement are intended to be as broad and inclusive as is permitted by the laws of the state of Missouri. Any provision or portion of this Waiver, Release, and Indemnity Agreement found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion. The offending provision or portion shall be construed to the maximum extent possible to confer upon the parties the benefits intended thereby. Said provision or portion, as well as the remaining provisions or portion hereof, shall be construed and enforced to the same effect as if such offending provision or portion thereof had not been contained herein.
City Gym will not provide medical treatment. I understand and acknowledge that neither City Gym nor the personal trainers nor other City Gym personnel have expertise in diagnosing, examining, or treating any medical condition. In the event you experience any illness, injury, discomfort, impairment, or other health problem (together referred to as a “Health Problem”) prior to or during a training session or my use of the Facility, I agree to (i) immediately inform City Gym personnel of such Health Problem, and (ii) consult my physician and reconfirm my physician’s consent to or approval of your continued participation in activities at or with City Gym.
After having read this Waiver, Release, and Indemnity Agreement and knowing these facts, and in consideration of City Gym acceptance of my participation and City Gym furnishing services or equipment to me, I agree, for myself and anyone entities to act on my behalf, to WAIVE AND RELEASE City Gym, its shareholders, directors, officers, agents, employees, independent contractors, representatives, and successors, from any and all damages, responsibility, liabilities, demands, claims or expenses of any kind arising out of my participation in City Gym training, programs and/or events, including, but not limited to, claims for personal injury, death, and property damage, and including, but not limited to, claimed based, in whole or in part, upon the negligence of City Gym, but excluding any claims based upon the intentional misconduct of City Gym. I further agree to HOLD HARMLESS AND INDEMNIFY City Gym, its shareholders, directors, officers, agents, employees, independent contractors, representatives, and successors, for all damages, responsibility, liabilities, demands, claims, or expenses, including attorney’s fees, caused, in whole or in part, by any of my negligent acts or omissions or my intentional misconduct in connection with City Gym training, programs, or events.
By my signature I indicate that I have read and understand this Waiver, Release, and Indemnity Agreement. I am aware that this is a waiver and a release of liability and I voluntarily agree to its terms.
EXHIBIT A: POLICIES & CLUB RULES
City Gym designed the Membership Policies ("Policies") and the facility rules ("Rules") to insure a safer and more enjoyable environment in which to exercise. Please be thoughtful and observe the Policies and Rules as you, and all participants, agreed to follow. City Gym may, at its sole discretion, modify the Policies and Rules without notice at any time. As a participant at City Gym, it is your responsibility to know and follow the most current Policies and Rules. If there is any conflict between these Policies and the Rules, these Policies apply. All approved signs posted in the facility or on the premises shall be considered a part of the Rules and Policies of City Gym.
USE OF THE FACILITIES
Availability: Any or all of the Facilities or services, including but not limited to, classes, equipment, or shower suites, may have limited hours or may be discontinued altogether at any time and may also be offered on a 'first come first serve' bases." City Gym reserves the right to charge a separate participation or reservation fee for any or all of these Facilities or services.
Conflicts Regarding Use: Be courteous of other members. Please don't linger on the equipment as other members may want to use it. No member should monopolize the equipment or weights. If there is a sign-up list for the use of the equipment and a maximum time limit on its use, City Gym expects all the members to follow the Rules. In short, observe gym etiquette. If there is a conflict over use, please inform City Gym staff and management will do their best to resolve the issue.
Weights & Other Equipment: There are specific Rules posted regarding the use of the weights and other equipment in the Facilities. As a courtesy, please replace the weights on the rack after you use them and wipe off any benches after your use.
No Solicitation: City Gym Facilities are provided for the private use of members only and are not open to the public. Any solicitation within any facility is absolutely forbidden. This includes, for example, solicitation for profit, political purposes or any other reason. This includes, but is not limited to, use of petitions, distributing or posting leaflets, notices or advertising anywhere in facility, or leaving multiple copies of leaflets or other papers in any clubs areas.
PROHIBITED ITEMS AND ACTIVITIES
No Alcohol, Drugs, Chewing Tobacco, or Smoking: You cannot use the Facilities or engage in any activity at City Gym while under the influence of illegal drugs or alcohol. Also, City Gym does not permit smoking, chewing tobacco, alcohol, or illegal drugs, including steroids, in its Facilities.
No Weapons: No weapons of any kind are permitted in City Gym Facilities.
Photographic or Video Equipment: photography, videotaping, filming or audio recording of oneself is permitted, however, do not include anyone who does not give their express verbal permission in any personal photography, videotaping, filming or audio recording. Member acknowledges that surveillance cameras are in use for the protection of the Facility, its equipment and its members. Member also acknowledges that photography, videotaping, filming, and recording may take place for marketing purposes. Member hereby consents to being photographed and/or recorded for such purposes.
Food & Beverages: City Gym reserves the right to limit the consumption of food and beverages in workout areas.
Personal Training: Under no circumstance is any member to train another member for compensation. If it is determined that paid personal training has been conducted on the premises, the trainer and trainee will lose their membership.
Outside Equipment: City Gym reserves the right, in its sole discretion, to limit or restrict the use of outside equipment in the club.
DRESS / TOWEL POLICY
City Gym requires you to wear appropriate clothing to include shirt and closed toe, athletic shoes while in the Facilities. Appropriate clothing includes: gym shorts, t-shirts, jogging, aerobic and sweat outfits. Street clothes and jeans are not acceptable during exercising or aerobic activity. You must have a cloth towel with you during workouts to protect and clean the machines you use.
While in the Facilities, City Gym does not permit and will not tolerate any inappropriate conduct. Such conduct includes, without limitation; using loud, abusive, offensive, insulting, demeaning language, profanity, lewd conduct or any conduct that harasses or is bothersome to members or City Gym employees.
I grant to City Gym, its representatives and employees the right to take photographs of me and my property in connection with the above-identified subject. I authorize City Gym, its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that City Gym may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content.
Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause heart disease, stroke, and damage liver function. Men and women using steroids may develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. There are also civil and criminal penalties for the unauthorized sale, use, or exchange of anabolic steroids.
City Gym provides lockers for your use on a daily basis only and suggests that you use a lock to protect your property. Do not leave any valuable property in a locker at any time. City Gym is not responsible for any theft or damage to your property. If you leave a lock on the locker overnight, City Gym has the right to cut it off. City Gym will consider your property abandoned if left overnight and shall have the right to donate your property to charity.
VIOLATION OF RULES
If any member or guest violates any of the Policies or Rules, City Gym will ask that person to stop or leave. A violation may also cause City Gym to terminate the violator's membership according to the terms of their membership agreement..
By my signature I indicate that I have read and understand the City Gym's terms of Service and the Waiver, Release, and Indemnity Agreement.