Waiver of Liability
In consideration of my use of the exercise equipment and facilities provided by Fenom Fitness LLC, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the company and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me, or my guest in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of Fenom Fitness LLC. By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest, and I hereby fully and forever release and discharge Fenom Fitness LLC, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.
I expressly agree to indemnify and hold Fenom Fitness LLC harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.
I agree to be solely responsible for safety and well-being of my guest and myself.
I agree to comply with all rules imposed by Fenom Fitness LLC regarding the use of the facilities and equipment. 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 understand and acknowledge that the use of exercise equipment involves risk of serious injury, including permanent disability and death.
I understand and agree that Fenom Fitness LLC is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
I understand and agree that my use of the facilities and equipment is only to be undertaken on my own personal time, and that my use of the facilities and equipment is not within the course or scope of employment.
The activities played during Fenom Parties include age-appropriate organized sports games, relay races, obstacle courses, dodgeball. Equipment such as (but not limited to) RAILYARD Fitness System Obstacle Course, Surfset Boards, Bosu Balls, hurdles, cones, hoops, soccer nets, etc will all be incorporated during the party. I acknowledge and understand that there are known and unknown risks associated with participation in Fenom Parties, including those associated with the use of any equipment, or those associated with the participation in any activity.
FENOM PARTIES: POLICIES
Fenom Parties are two hours long. In special instances, such as the very young age of a child, certain parties may be 1.5 hours long.
Deposit: A deposit of 1/6th of the cost of the 2-hour party is required in advance to secure the date and reservation of your party. The deposit will be counted towards your final total. The final total includes the cost of the 2-hour party plus any add-ons (party favors, extra pizza, face painter/balloon twister, etc).
Cancellation and Refund: Your deposit will be refunded only if you notify us at least 15 days prior to the date of your event. Fenom Fitness LLC will issue you a refund within 7 to 10 business days. No refund will be given if you cancel with less than fifteen calendar days notice.
Age Group Policy: Fenom Parties are most successful when participants are of similar age. Unless expressly discussed with our party coordinator ahead of the party, Fenom will not be held responsible for the well-being of older or younger siblings/other participants.
Attire: Please let your guests know to wear sneakers or bring some with them to the party. This is for both the comfort and safety of the child while playing games and sports.
Fenom Photo and Video Release
I hereby authorize Fenom Fitness LLC to use, reproduce, and/or publish photographs and/or video that may pertain to me (or my child, having not attained the age of 18) including my (or my childs) image, likeness and/or voice without compensation. I understand that this material may be used in various publications, marketing/recruitment releases, multimedia exhibits or for other social media related endeavors. This material may also appear on Fenom's Web Page and/or digital social media services including but not limited to Facebook and Instagram.
I have read the foregoing waiver and release of liability and have voluntarily executed this document with full knowledge of its content.