General Participation Waiver: This Waiver and Release Form is made as of the date written below by the individual(s) signing this form ("Participant") and provided to The BettPlex, LLC, a Minnesota limited liability company ("BettPlex"). The entire sports complex is owned by BettPlex and is known as TBK Bank Sports Complex (the "Facilities"). BettPlex also owns the fitness center which operates under the name of Level II Fitness and the family entertainment center which operates under the name of TBK Entertainment Center I hereby assume all of the risks of participating in all activities at any of these facilities, including by way of example but not limited to any risks that may arise from: negligence or carelessness on the part of the persons or entities being released, dangerous or defective equipment or property owned, maintained or controlled by them, or their possible liability without fault. I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which could affect my participation in this activity. I acknowledge that this Waiver and Release of Liability will be used by the event holders, sponsors and organizers of the activity in which I may participate and that it will govern my actions and responsibilities at said activity. In consideration of my use of facilities or services provided at TBK BANK SPORTS COMPLEX, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors and assigns as follows: A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: The BettPlex, LLC (known as TBK BANK SPORTS COMPLEX and including TBK Entertainment Center) and its directors, officers, employees, volunteers, representatives, agents, activity holders, and sponsors; B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in the above paragraph from any and all liabilities or claims made as a result of my use of these facilities, whether caused by the negligence of the Releases or otherwise. I acknowledge the TBK BANK SPORTS COMPLEX and its members, managers, employees, agents and contractors ("Releases") are NOT responsible for the errors, omissions, acts or failures to act of any person or entity conducting a specific activity. I acknowledge that this activity may involve a test of physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by facilities, temperature, weather, condition of participants, equipment, lack of hydration and actions of other people including, but not limited ot, participants, volunteers, coaches, parents, officials, umpires, referees, monitors, spectators and sponsors of any activity. These risks are not only inherent to participants, but are also present for volunteers and parents. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident and/or illness during this activity. I understand while participating in this activity, I may be photographed. I agree to allow my photo or video of my likeness to be used for any legitimate purpose by TBK Bank Sports Complex and its employees, agents and assigns. POLICIES, RULES AND REGULATIONS: Your time at Level II Fitness is subject to compliance with policies, rules and regulations issued by Level II Fitness from time to time. No excessive dropping of weight plates or dumbbells will be tolerated. Level II fitness reserves the right to revoke any membership for failure to abide by policies, rules and regulations. If a membership is revoked any remaining time on membership will be terminated. If the member has paid for yearly membership in advance, a pro-rated amount for remaining months left on membership will be refunded to the member(s). Age Restrictions Members aged 12 and 13 must be accompanied by a parent at all times while on the gym floor. Members aged 14 and 15 must either be accompanied by a parent or may work out independently after they have completed a Youth Fitness Orientation signed by a parent. Persons under the age of 12 are not permitted on the gym floor unless accompanied by a member of the Level II Staff. All non-members under the age of 16 are not allowed in the gym. No Dropping Weights Avoid dropping or slamming weights to protect equipment and maintain a peaceful environment. Re-Rack Weights and Equipment Return weights, dumbbells, and other equipment to their designated racks when finished. Wipe Down Equipment Please clean equipment with provided sanitizing wipes after each use to maintain hygiene. Respect Personal Space and Comfort Be considerate of others by giving them adequate space to exercise comfortably. Avoid behaviors like staring or lingering near someone that might make them feel uneasy. Our goal is to create a welcoming and safe environment for everyone. No Food or Open Drinks Water and sports drinks are allowed in closed containers. No food on the gym floor. Proper Gym Attire Required Wear appropriate athletic attire and closed-toe shoes at all times. Shirts must remain on while on the gym floor and posing without a shirt in front of mirrors is not allowed. Report Malfunctions Immediately report any damaged or malfunctioning equipment to the staff. Service requests can be made through the app. No Profanity or Disruptive Behavior Respect others by keeping language and behavior in check. Personal Training by Staff Only Certified gym staff are permitted to provide personal training services and instruct group classes. Share Equipment and Be Considerate If you are using multiple pieces of equipment, be mindful of others waiting and allow them to "work in" during rest periods. Communicate with fellow members to share machines when possible. Limit Phone Use on Equipment Please be mindful of others waiting to use equipment. Avoid sitting on machines or benches while using your phone. If you need to take a break, kindly step away from the equipment to allow others to use it. No Photos or Videos in Bathrooms For the privacy and comfort of all members, taking pictures or videos inside the bathrooms is strictly prohibited. Tripod Usage Tripods are allowed during non-peak hours. They are NOT to be used on weekdays from 4:00pm-8:00pm and weekends from 8:00am-1:00pm. When using tripods, please ensure that they do not take up equipment, film other members unknowingly, or obstruct other members' experiences.
|