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Release and Waiver of Liability Agreement

Cox Strong, LLC

Release and Waiver of Liability Agreement

This Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (“Release”) is made and provided by the person signing below (“Participant”), who is being permitted to enter the property to participate in the Personal Training services activities (“Services”) between, Participant, and Cox Strong, LLC (“Cox”). 

1. Payment. Participant agrees to the following:

  1. Payment shall be made at the time of booking to reserve the session. A session will not be reserved until full payment has been received. 
  2. All sales are final. There are no refunds issued for training or training related services. Unused training sessions expire after 30 days from the time of booking or the last completed appointment.
  3. Participant may reschedule up to 24 hours prior to the appointment. After 24 hours, the session may not be made up or rescheduled for any reason.

2. Membership.

  1. Access to the gym and coaching is available by membership only. Membership price is based on the number of regular weekly training sessions. Membership is a flat, monthly fee which guarantees access to the gym during the client’s scheduled time.
  2. In the event of missed sessions, the membership fee reserves the client’s time and guarantees its availability up his return.

3. In the event of gym closures, clients who do not receive their full month* of Personal Training will be offered an opportunity to reschedule their missed session. This excludes days outlined in the gym’s Holiday Policy.

  1. *Full month = 4 weeks
  2. 1x weekly = 4 sessions per month
  3. 2x weekly = 8 sessions per month
  4. 3x weekly = 12 sessions per month
  5. 1x weekly Family = 8 sessions per month
  6. 2x weekly Family = 16 sessions per month

4. Drop-In Session.

  1. Drop-in sessions are available to non-members based on availability.

5. Assumption of Risk. Participant acknowledges that participating in any physical fitness program can be a potentially hazardous activity. Participant understands that there are certain risks, including but not limited to bodily injury or death, inherent in participating in physical fitness activities, and Participant agrees assume all risks associated with participating in the Services. Examples of such risks include, but are not limited to, equipment conditions or improper use of equipment leading to injury, falls, heart attack, stroke, death, exercise-induced asthma, strains and sprains, broken bones, overheating, and injuries or illness as a result of contact with other participants or as a result of exercising.

6. Participant’s Representations. Participant acknowledges and represents that: (1) Participant is physically capable to participate in the Services; (2) Participant will at all times follow safe practices regarding the Services and perform all exercises according to proper technique; (3) Participant shall at all times follow all the rules and regulations for the Services, as may be established or modified by the Cox and Cox; and (4) Participant has fully read and understands each of the provisions of this Release, and prior to signing this Release had the opportunity to consult with an attorney. 

7. Release from liability. Participant hereby agrees, on behalf of himself or herself, and his or her heirs and personal representatives, to fully and forever discharge and release Cameron Cox, Cox Strong, LLC, their affiliates, and their respective partners, agents, operators, managers, employees, and property owners (“Released Parties”) from any and all claims Participant may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses, costs, and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to Participant’s entry upon the Property and participation in the Services, whether caused by the negligence of the Released Parties or by any other reason. Participant acknowledges and agrees that this Release is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or other damage sustained by the Participant while on the Property or in any way related to the Services activities. 

8. Covenant Not to Sue. Participant agrees, for himself or herself, and all of his or her heirs and legal representatives, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which Participant or his or her heirs or legal representatives may have as a result of any personal injury, death or property damage the Participant may sustain while on the Property or participating in the Services.  

9. Indemnification. Participant hereby agrees to defend, indemnify and hold harmless the Released Parties from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of Participant’s involvement in any of the Services activities or Participant’s use of the Property, whether caused by the negligence of Released Parties or otherwise.    

10. No Duty to Supervise. Participant acknowledges and agrees that he or she is aware that the Released Parties have no duty to supervise the activities of any participant of the Services, or any other person within the Property. The Released Parties assume no responsibility or liability for the acts or omissions of any such persons. 

11. Governing Law and Venue. This Release agreement will be governed by and interpreted in accordance with the laws of the State of South Carolina. Participant agrees that any action arising out of this Release must be brought exclusively in South Carolina, County of Charleston. 

Right to Cancel. Under SC Code, 44-79-30, you have a right to cancel any prepaid agreements as follows. (a) You may cancel this contract by sending notice of your wish to cancel to the center before midnight of the third business day after you sign the contract. 'Business day' means Monday through Friday excluding state holidays and federal holidays. This notice must be sent certified mail to the following: 563 White Chapel Circle, Charleston, SC, 29412. Within thirty days of receipt of this notice, the center shall return any payments made and any note or other evidence of indebtedness. If you use the seller's facilities or services, the center may deduct a reasonable fee from the payments being returned based on the actual fee paid divided on a pro rata share by the number of days used by the customer. (b) In addition, you or your estate may also cancel the contract at any time by written notice to the center at the above address if the following circumstances occur: (1) the customer's death; (2) substantial physical disability, certified by a physician, which makes it permanently impossible for the customer to use the center's services; (3) the customer's permanent relocation to a residence over fifty miles distant from an outlet operated by the center, if the center is unable to arrange for the customer's use of another center with equivalent major facilities and services. The center may require presentation of information to substantiate that one of these circumstances has occurred. If the contract is cancelled because of disability, death, or permanent change of residence, the center shall return any note or other evidence of indebtedness and unearned prepayments as follows: For each month that the contract was in effect, the center is entitled to the rate a month or a treatment which it would have charged if the contract had initially been one for the number of months or the number of treatments for which the contract was actually in effect. The rate is to be determined from a fee schedule in effect on the date of the contract. (c) The right of cancellation shall affect only the financial obligations under the contract and customer's right to use the center's physical fitness services.

12. Waiver. No waiver of any term or right in this Release shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.

13. Survival. Any provision of this Release providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable. 

14. Attorney's Fees. If either Party incurs any legal fees associated with the enforcement of this Agreement or any rights under this Agreement, the prevailing Party shall be entitled to recover its reasonable attorney's fees and any court, arbitration, mediation, or other litigation expenses from the other Party.

15. Severability. If any provision or portion of this Release shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect. 

16. Entire Agreement; Modification; Binding Effect. This Release is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties. 

I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, AND ENTER THIS AGREEMENT FREELY AND VOLUNTARILY. 

Date: December 17, 2024

First Participant's Name

First Name*

Middle Name

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
Check to receive information, news, and discounts by e-mail.
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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