WAIVERS AND COVID 19, 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 RISE facility will only be able to do so once they have a valid account in our MindBody system, have signed and authorized all terms/agreements and waivers I Agree Personal Training clients must pre-register for their session using our online system. I Agree Towels are NOT provided for your workout, please bring your own if you need one. Towels & Mats that are left behind will be promptly discarded I Agree Adhere to ALL new and existing signage throughout the building and on the front door of RISE Bodyworks 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 towards the staff will result in permanent membership cancellation I Agree 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 implments these requirements for the health of and safety of our members, patients, and our staff I Agree TERMS AND AGREEMENTS Payments: You agree to have a credit card on file and allow RISE Bodyworks to process payments for services received and products purchased at Rise. See Appointments Section for LATE CANCEL fees, when applicable I Agree Communication: You are 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, our schedule, operations and/or crucial updates. Additionally, you agree to assign risebodyworks@gmail.com as an approved contact and stay subscribed to our emails for as long as you are a member. Rise Bodyworks will communicate with you via email and social media to ensure crucial updates are disseminated and received by our valued members, patients and clients. In the event of a national, global emergency/disaster we must have your current contact information. I Agree Appointments: All Rise Appointments, e.g. Clinic Service appointments, Chiropractic, Massage, One-On-One Training, etc, can be made online through our online booking system. To make an appointment you must have an active account in our booking system with a valid Credit Card on file. Cancellations of less than 24 hours will be considered a LATE CANCEL and you will be charged for the missed appointment. Cancel your appointments online or by emailing us at risebodyworks@gmail.com. I Agree Refunds: You understand there are NO partial or full refunds, or account credits. All sales are final. I Agree If you have any questions, email us at risebodyworks@gmail.com I Agree The undersigned understands and agrees to the above stipulations, terms and agreements: Dated: September 22, 2023 |