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:
- 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.
- 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.
- 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.
- 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.
- 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 receive an adjusted rate. This excludes days outlined in the gym’s Holiday Policy. Club Coaching does not receive adjusted rates due to closures.
- *Full month = 4 weeks
- 1x weekly = 4 sessions per month
- 2x weekly = 8 sessions per month
- 3x weekly = 12 sessions per month
- 1x weekly Family = 8 sessions per month
- 2x weekly Family = 16 sessions per month
4. Drop-In Session.
- 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: November 30, 2023