WAIVERS AND COVID 19, AUTOPAY, and TERMS & AGREEMENTS GENERAL WAIVER I understand that exercise, training and using fitness equipment are potentially hazardous activities. I further understand that these activities involve risks of injury, aggravation of preexisting conditions, and in the most severe and extreme situations, even death. Furthermore, I acknowledge that exercise on the body cannot be predicted with complete accuracy and that injuries may occur during or following exercise that could lead to these complications and adversely affect my health. These changes may include, among other effects, high blood pressure, increased heart rate, altered heart function, and possibly, and again in rare instances, cardiac complications. Accordingly, I acknowledge that I am voluntarily participating in these activities with the full knowledge and understanding of the potential dangers. I am aware that a comprehensive medical examination is necessary before using the equipment and machinery and that a consultation with a physician is essential to determine which physical activities, exercises, training and programs, if any, are recommended by my personal doctor. I further acknowledge that I have either had a physical examination within the last month and learned of the recommended activities, or that I voluntarily assume all responsibility and liability for using the facilities, equipment , machinery and participating in all programs at RISE BODYWORKS. I also have read and been informed of the following warning and notification: "If you are currently under a physician’s care for an injury, condition or illness, RISE BODYWORKS strongly urges you to consult your physician before conducting any exercises, using any equipment, or participating in any program at RISE BODYWORKS." I Agree Whether I have had an examination or voluntarily assume all liability I further declare that I am physically fit, sound and suffering from no condition, impairment, disability, disease, infirmity, or illness that should prevent my participation in any program and the use of any exercise equipment and machinery. (Anyone who cannot sign that this statement is correct must see a RISE Bodyworks Manager immediately before using the facilities). I Agree Moreover, in consideration of being allowed to use all facilities, equipment, machinery and programs, I personally assume all risks involved in all exercising, training, activities and programs at RISE Bodyworks. I also waive and release, now and forever, all claims and causes of action against RISE Bodyworks, its elected or appointed officers, agents, volunteers, employees, representatives, consultants, executors, and all others directly or indirectly connected with RISE Bodyworks from any and all personal injuries I sustain (including death), any medical condition of any kind which results, any aggravation of a pre-existing medical condition that I aggravate, and any and all other damages or injuries which I sustain in any way from the direct or indirect result of my activities, exercise, training and participation at RISE Bodyworks. I further hold the RISE Bodyworks corporation harmless from any loss to personal property which is lost or stolen while I use, or are present at RISE Bodyworks or other facilities if RISE Bodyworks while, during, going to, or going from the RISE Bodyworks location I Agree COVID 19 WAIVER RISE BODYWORKS is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heroes, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue RISE BODYWORKS, its’ staff, owners, constituents and contractors, from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third-party using RISE facilities or otherwise, while participating in any activity while in, on or around the RISE facilities, tools, equipment, machines, or materials. I VOLUNTARY AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE RISE BODYWORKS, its’ staff, owners, constituents and contractors, FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE. I agree to comply with all RISE BODYWORKS policies and rules, including but not limited to all RISE BODYWORKS guidelines, recommendations for safety, signage and instructions related to COVID 19 mandates and precautions. I agree that I am personally responsible for my safety and actions while using the facilities at RISE BODYWORKS. I Agree FACILITY USE POLICY (AGREEMENT) All members using the Gym/Wellness Center will only be able to do so once they have a valid membership in our MindBody system, have signed and authorized all terms/agreements and waivers. Members are not allowed to share memberships, meaning members must be registered under their own name and have an active membership. Sharing of membership tags will result in termination. I Agree Building Etiquette: Members must wear proper attire while in the facility including that shirts must be worn at all times. Music may NOT be played out loud in the downstairs area. Headset only. Cell phone use is prohibited in work out areas. This includes any Facetime, Skype or any other application that uses the speaker of your phone. Members must also adhere to all postage signage in regards to the bumper plates, iron plates, barbells, etc. I Agree Sauna & Cold Plunge: Swimwear/undergarments are required to be worn while using the sauna and/or cold plunge. Members must adhere to guidelines posted. Towels are not provided and members must bring their own I Agree Members are welcome to use the upstairs personal training deck when a personal trainer or class is not present. You must check in with the front desk to see if the deck is available. You must clean all equipment and surfaces after use. Outside personal training, either live in-person or virtual/streaming, is strictly prohibited throughout the facility. I Agree
Adhere to all RISE staff requests & instructions verbally provided to you. It’s not acceptable to disregard instructions given to you by any staff person. Hostile behavior and/or verbal assaults directed at the staff will result in permanent membership cancellation. Failure to comply with any RISE Bodyworks policy, request or instructions will be asked to leave the building and/or membership cancelled. RISE Bodyworks is required to follow all mandates from Alameda County and the State of California, and implements these requirements for the health of and safety of our members, patients, and our staff I Agree Parent/Guardians agree to complete the waiver for their minor in person. The parent/guardian may request a link to the waiver may be emailed, the parent/guardian is fully responsible to ensure that only they complete the waiver on the minor's behalf. A minor who falsely completes the waiver themselves will have their membership terminated. I Agree TERMS AND AGREEMENTS All Memberships: ● I understand that I am purchasing an ongoing autopay (e.g. gym, class or massage) membership and I will be charged monthly until I cancel in person and have completed the cancellation form. ● I authorize Rise Bodyworks to process the automatic payment every month, on the anniversary date of the initial purchase. ● I understand that all monthly memberships have a minimum two-month commitment. ● I understand that I must give a 30-day advance notice of cancellation. ● I agree to keep a valid credit card on file. ● I agree to reconcile any accrued charges on my account as a result of declined auto payments. ● I agree that I am solely responsible to book and manage my appointments and classes, I take responsibility for all bookings even those I request be booked for me by Rise Bodyworks staff. The undersigned understands and agrees to all of the above terms and agreements for ALL MEMBERSHIPS POLICY
Membership Cancellation: ● I understand I may cancel my membership following the two-month commitment. ● I agree to give 30 DAYS ADVANCE NOTICE from the next billing date. ● I understand all cancellation requests must be done in person. I agree to come in person and complete the cancellation form provided by Rise Bodyworks ● I understand that RISE Bodyworks will regard my membership as active if I do not adhere to the above process. ● If I do not provide a 30-day advance notice, I authorize Rise Bodyworks to charge my credit card on file for the additional billing cycle. The undersigned understands and agrees to all of the above terms and agreements for MEMBERSHIP CANCELLATION POLICY
Membership Suspension: ● Gym Membership: I understand I can suspend my membership for a minimum of 30 days and a maximum of 90 days. I understand that my membership will resume its regular billing cycle at the end of the suspension. Suspensions must be requested via email prior to the next billing cycle. Suspentions are placed per billing cycle; prorated fees are not available. The undersigned understands and agrees to all of the above terms and agreements for MEMBERSHIP SUSPENSION POLICY
Refunds ● I understand there are NO partial or full refunds or account credits for memberships, services or products. ● I understand that all sales are final. ● I understand there are no exceptions to this policy including illness, unexpected travel, etc. The undersigned understands and agrees to all of the above terms and agreements for REFUNDS POLICY
Communications ● I understand that I am required to maintain an active email address on record with Rise Bodyworks to ensure open communication regarding, but not limited to, emergencies, forces of nature, the Rise schedule, my account, operations and/or crucial updates. ● I understand that it is my responsibility to ensure that risebodyworks@gmail.com is an approved contact in my email account and that Rise Bodyworks is not responsible for their emails being sent to Spam or Promotions. ● I understand and accept the fact that if I unsubscribe to email notifications from Rise Bodyworks, I will not receive class and appointment confirmations and reminders and emailed receipts. ● I understand that Rise Bodyworks will communicate with me via email and social media to ensure crucial updates are disseminated and received by Rise’s valued members, patients, and clients. In the event of a national, global emergency/disaster Rise must have my current contact information. The undersigned understands and agrees to all of the above terms and agreements for COMMUNICATIONS POLICY
Use of Photo/Video Onsite ● I agree to have Rise Bodyworks take my photograph for my account to allow for check-in membership verification. ● I agree that Rise Bodyworks has my permission to use my likeness in a photograph, video, or other digital media in any and all of its publications, without payment, or other consideration. ● I understand that all media will be used solely for Rise Bodyworks’ business marketing purposes. ● I understand that I have the option to request not to be photographed at any time, by either asking the photographer, staff, or front desk. The undersigned understands and agrees to all of the above terms and agreements for PHOTO/VIDEO ONSITE POLICY
The undersigned understands and agrees to the above stipulations, terms and agreements: Dated: April 26, 2024
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