Release for Participation at Mid-City Fitness

MEMBERSHIP AGREEMENT

This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between MID-CITY Strength and Fitness, located at 4522 E 51st St, Tulsa, OK 74135 Unit 117 and you the member. This Agreement entitles members access to participate in Flex Training and to enjoy other amenities offered including but not limited to: cardio room, lockers, changing rooms, and showers, unless noted otherwise.

Please review this Agreement thoroughly as it is a legal contract between MID-CITY Strength and Fitness and all members. By using the services offered at MID-CITY Strength and Fitness, members are agreeing to the terms of this Agreement.

PURCHASES AND PAYMENT

PAYMENT SUMMARY: Monthly memberships are paid in advance monthly on the first of the month. Monthly membership payments shall be made on a month-by-month basis, via automatic debited payment (credit card, debit card, or automatic checking account draft). Additional terms regarding the automatic debited payments are outlined below.

AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize MID-CITY Strength and Fitness to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) MID-CITY Strength and Fitness will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on your Membership Agreement. MID-CITY Strength and Fitness may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided. It is your responsibility to keep a current card on file with accurate billing information. MID-CITY Strength and Fitness cannot be held responsible for errors in processing due to expired or inaccurate information.

FLEX TRAINING POLICIES

SIGN-IN POLICY: All Members regardless of membership plan are required to sign in on the Ipad at the front desk upon entering the facility. 

PAUSE POLICY:PAUSE POLICY: Notice of intent to pause one’s account must be submitted via email to addison@midcityfitness.com and will be implemented one the 1st of the following month. If any member decides to cancel at the end of the pause, the 30-day cancellation policy is still applicable and enforced.  

UPGRADE / DOWNGRADE POLICY: Members may upgrade or downgrade their membership plans with written notice submitted via email to addison@midcityfitness.com. Upgrade and downgrade payment adjustments will be implemented for the following month's billing due on the first of the month. 

CREDIT ROLLOVER POLICY: Members who are on credit-based plans will receive their credits in full on a monthly basis to be used at their discretion. Credits that have not been used at the end of the month will be rolled over into the following month. Any credits that remain unused after 60 days will automatically expire.

CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER

You may cancel this Membership Agreement at any time with a 30 day notice. You must provide MID-CITY Strength and Fitness a written notice via email to addison@midcityfitness.com. Your membership will be canceled 30 days from the time of written notice, and your payment on the first of the month will be prorated accordingly. 

If, at the time of receipt of your cancellation notice, you have outstanding payments owed to MID-CITY Strength and Fitness, these payments must be made in full in order for the Membership Agreement to be considered canceled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be canceled, and MID-CITY Strength and Fitness reserves the right to pursue additional avenues or means to receive monies owed.

AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK

By signing up for and/or attending Flex Training, events, activities, and other programs and using the premises, facilities and equipment of MID-CITY Strength and Fitness and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness classes and exercise equipment in association with the Flex Training and Facilities.

You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.

At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the MID-CITY Strength and Fitness staff, you would be at physical risk participating in MID-CITY Strength and Fitness’ Classes, you understand and agree that you may be denied access to Flex Training and Facilities until you furnish MID-CITY Strength and Fitness with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing MID-CITY Strength and Fitness’ concerns and stating that MID-CITY Strength and Fitness’ concerns are unfounded.

In consideration of being allowed to participate in and access the Flex Training and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Flex Training and Facilities, (2) release, indemnify, and hold harmless MID-CITY Strength and Fitness, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Flex Training or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of MID-CITY Strength and Fitness’ Flex training and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using MID-CITY Strength and Fitness’ Flex Training and Facilities, and should not be participating in any Flex Training.

RELEASE OF LIABILITY FOR USE OF INFRARED SAUNA 

- The use of drugs, medication or alcohol prior to or during the sauna session may lead to dizziness or unconsciousness.

- Please consult your physician if you are in doubt of your ability to use the sauna.

-  Please discontinue the use of the sauna if you feel light-headed, dizzy, or heat exhausted. 

- Sauna sessions should be limited to a maximum of 30 minutes at one time. Please take breaks throughout your sauna session if you need. 

- It is advisable to drink water before, during and after the sauna session.

- It is advisable to not eat at least one to two hours prior to your sauna session to avoid any ill feelings. 

- It is advisable to shower prior to your sauna session.

-  If you have an open wound, you will not be permitted to use the sauna. 

-  Guests using any medications must consult a physician or pharmacist prior to the use of the sauna.

-  Pregnant women are not to use the sauna unless they have written consent to do so from their doctor. 

- Do not use any lotions, make-up or chemicals prior to the sauna session. These items may block pores and affect perspiration as well as stain the wood in the sauna or cause irritation to other guests. 

-It is solely your responsibility to monitor your body and its  reactions and determine if it is appropriate to use the sauna. You alone are responsible for your safety and well-being. 

By singing this membership agreement with MID-CITY Strength & Fitness, you agree to the following statements: 

• I acknowledge and accept the risks inherent by the use of the sauna. 
• I voluntarily assume the risk of injury, accident or death which may arise from the use of the sauna. 
• I and any of my heirs, executors, representatives, or assigns hereby release me from all claims or liabilities for personal injury or property damages of any kind sustained while on the premises, during the use of the sauna, and from any advice provided by an employee of FB Fitness. 
•  I agree that this Application and Waiver is in effect for all sauna sessions with FB Fitness and will not expire unless requested by either party. 
• I understand it is my personal responsibility to consult with my doctor regarding my participation. 
• MID-CITY Strength & Fitness  does not provide medical advice or treatment. Far-infrared Sauna use may or may not be appropriate for you. Please consult your health care provider for medical advice. The information provided is for general information purposes only and does not address individual circumstances or medical conditions. Do not attempt to self-treat any disease with a Far infrared Sauna. 

Contraindications for Infrared Sauna use explained in more depth:

Using Far infrared saunas may put yourself at risk if you do not fully understand how to use the sauna. Far infrared saunas creating a cure for or treating any disease is neither implied nor should be inferred.

It is not recommended to attempt to self-treat any disease with a far infrared sauna without direct supervision of a certified physician. If any of the items listed below apply to you, be certain to consult with your physician before using a far infrared sauna. In all situations, hydration is a requirement for sauna use. Drinking water or even advanced electrolyte replacement water is recommended before and after sauna use. (Caffeinated beverages are not recommended as they dehydrate the body) 

Medications 

Individuals who are using prescription drugs should seek the advice of their personal physician or a pharmacist for possible changes in the drugs effect when the body is exposed to Far infrared waves or elevated body temperature. Diuretics, barbiturates and beta-blockers may impair the body’s natural heat loss mechanisms. Some over the counter drugs such as antihistamines may also cause the body to be more prone to heat stroke.

Cardiovascular Conditions 

Individuals with cardiovascular conditions or problems (hypertension / hypo tension), congestive heart failure, impaired coronary circulation or those who are taking medications, which might affect blood pressure, should exercise extreme caution when exposed to prolonged heat. Heat stress increases cardiac output, blood flow, in an effort to transfer internal body heat to the outside environment via the skin (perspiration) and respiratory system. This takes place primarily due to major changes in the heart rate, which has the potential to increase by thirty (30) beats per minute for each degree increase in core body temperature. 

Alcohol / Alcohol Abuse 

Contrary to popular belief, it is not advisable to attempt to “Sweat Out” a hangover. Alcohol intoxication decreases a person’s judgment; therefore, they may not realize it when the body has a negative reaction to high heat. Alcohol also increases the heart rate, which may be further increases by heat stress. 

Chronic Conditions / Diseases Associated with a Reduced Ability to Sweat or Perspire 

Parkinson’s, Multiple Sclerosis, Central Nervous System Tumors and Diabetes with Neuropathy are conditions that are associated with impaired sweating. 

Hemophiliacs / Individuals Prone to Bleeding 

The use of Infrared should be avoided by anyone who is predisposed to bleeding.

Fever 

An individual that has a fever should not use the sauna. 

Insensitivity to Heat 

An individual that has insensitivity to heat should not use the sauna. 

Pregnancy 

Pregnant women should consult a physician before using the sauna because fetal damage can occur with a certain elevated body temperature. 

Joint Injury 

If you have a recent (acute) joint injury, it should not be heated for the first 48 hours after an injury or until the hot and swollen symptoms subside. If you have a joint or joints that are chronically hot and swollen, these joints may respond poorly to vigorous heating of any kind. Vigorous heating is strictly contra-indicated in cases of enclosed infections be they dental, in joints, or in any other tissues. 

Implants

Metal pins, rods, artificial joints or any other surgical implants generally reflect Far infrared waves and thus are not heated by this system, nevertheless you should consult your surgeon prior to using an Infrared Sauna. Certainly, the usage of an Infrared Sauna must be discontinued if you experience pain near any such implants. Silicone does absorb Far infrared energy. Implanted silicone or silicone prostheses for nose or ear replacement may be warmed by the Far infrared waves. Since silicone melts at over 200°C it should not be adversely affected by the usage of an Infrared Sauna. It is still advised that you check with your surgeon and possibly a representative from the implant manufacturer to be certain. 

Pacemaker / Defibrillator 

The magnets used to assemble our units can interrupt the pacing and inhibit the output of pacemakers. Please discuss with your doctor the possible risks this may cause.  

MISCELLANEOUS

CONDUCT/DAMAGES: MID-CITY Strength and Fitness is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe MID-CITY Strength and Fitness’ rules and regulations or who abuse equipment in any fashion will be asked to leave. MID-CITY Strength and Fitness has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to MID-CITY Strength and Fitness’ property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. MID-CITY Strength and Fitness reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by MID-CITY Strength and Fitness.  

PHOTO/VIDEO RELEASE: You hereby grant MID-CITY Strength and Fitness, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at MID-CITY Strength and Fitness and to use and publish these photos or videos in print and/or electronically. You agree that MID-CITY Strength and Fitness may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.  

MEMBER CHILD POLICY: Members agree to not bring children/minors under the age of 14 into MID-CITY Strength and Fitness facility/gym.

In exchange for participation in group or individual workout sessions as well as use of any equipments supervised or not (the “Activity”), organized by Mid-City Fitness LLC located at 4522 E. 51ST Ste 112, 113, 114, 115, 116, 117, 119, Tulsa, OK, (“Releasee”), I hereby agree as follows: 

I and anyone claiming on my behalf release and forever discharge Releasee and its affiliates, successors and assigns, officers, employees, representatives, partners, agents and anyone claiming through them (collectively, the “Released Parties”), in their individual and/or corporate capacities from causes of action of any nature and kind, known or unknown, which I may have against Releasee or any Released Parties arising out of or relating to any injury, loss or damage to person and property that may be sustained as a result of participation in the Activity (“Claims”).

I understand that participation in the Activity involves inherent risks, including risk of physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent paralysis and/or death, and I assume all related risks and voluntarily participate in the Activity.

I agree to indemnify Releasee against any and all claims, actions, lawsuits, damages and judgments, including attorney’s fees, arising out of or relating to my participation in the Activity. 

This Release for Participation in Event or Activity (“Release”) shall not be in any way construed as an admission by the Releasee that it has acted wrongfully with respect to me or any other person, that it admits liability or responsibility at any time for any purpose, or that I have any rights whatsoever against the Releasee. 

This Release shall be binding upon the parties and their respective heirs, administrators, personal representatives, executors, successors and assigns. I have the authority to release the Claims and have not assigned or transferred any Claims to any other party. The provisions of this Release are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. This Release constitutes the entire agreement between the parties and supersedes any prior oral or written agreements or understandings between the parties concerning the subject matter of this Release. This Release may not be altered, amended or modified, except by a written document signed by both parties. The terms of this Release shall be governed by and construed in accordance with the laws of the State of Oklahoma.

I have carefully read and fully understand all the provisions of this Release and am freely, knowingly and voluntarily entering into this Release. 

Coronavirus/COVID-19/Contagious Virus and Illness Liability Release and Waiver

I acknowledge the contagious nature of Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing and wearing face coverings.

I further acknowledge and agree that Mid-City Fitness has put in place reasonable preventative measures to reduce the spread of Coronavirus/COVID-19 and other viruses and illnesses.

I further acknowledge and agree that Mid-City Fitness cannot guarantee that I will not become exposed to or infected with Coronavirus/Covid-19 or any other virus or illness while using Mid-City Fitness facilities or equipment. I understand and agree that the risk of exposure to Coronavirus/COVID-19 and other viruses and illnesses is inherent and unavoidable with regard to the activity of visiting and working out in a gym or similar facility.

I understand and agree that this risk may result from the actions, omissions, or negligence of myself and/or others, including, but not limited to, Mid-City Fitness staff, members, clients, guests, and others using or visiting Mid-City Fitness.

I voluntarily seek services provided by Mid-City Fitness and acknowledge that by doing so I am increasing my risk of exposure to Coronavirus/COVID-19 and other viruses and illnesses. I acknowledge that I must comply with procedures to reduce the spread or Coronavirus/COVID-19 and other viruses and illnesses at Mid-City Fitness.

For my protection and the protection of others , in consideration of being granted access to Mid-City Fitness facilities and equipment, and knowing that Mid-City Fitness and its staff, members, clients, guests, and others will act in reasonable reliance on the truth of my statements herein, I represent, warrant, and attest that:

I am not experiencing any symptom of illness, including but to limited to cough, shortness of breath or difficulty breathing, fever, chills, shaking, muscle pain, headache, sore throat, or loss of taste or smell.

I have not traveled internationally within the last 14 days.

I have not traveled to a highly impacted area within the United States of America in the last 14 days.

I have not been exposed to anyone with a suspected and/or confirmed case of Coronavirus/COVID-19 or any other contagious disease or illness in the last 14 days.

I have not been diagnosed with Coronavirus/Covid-19 or any other contagious disease or illness (unless I have also been cleared as non-contagious by public health authorities after being so diagnosed).

I have been following and will continue to follow all applicable guidelines relating to the prevention of disease and prevention of the spread of disease issued by the CDC and by the public health departments/officers of the cities, counties and states in which I work, live, and visited within the past 14 days, and in which the Mid-City Fitness facility is located.

On behalf of myself, my family members, my heirs, representatives, and successors, I hereby willfully and voluntarily acknowledge and accept the risks of being present at and using Mid-City Fitness facilities and equipment and being near others using Mid-City Fitness facilities and equipment, and to the maximum extent permitted by law release and agree to hold Mid-City Fitness harmless from any and all causes of action, claims, demands, damages, costs, expenses and compensation for injury, illness, damage or loss to myself and/or property that may be caused by any act or failure to act (including ordinary negligence) of Mid-City Fitness, or that may otherwise arise in any way in connection with any services received or my presence at Mid-City Fitness. 

I understand that this liability release and waiver supplements and does not replace or reduce any liability release and/or waiver I have previous agreed to, such as in my Mid-City Fitness membership agreement.