Assumption of Risk of Injury and Waiver of Claims

I acknowledge that the club is an unsupervised fitness center and there is possible danger connected with any physical activity, including the dangers of physical injury and death. I assume all risks of injury, and waive all rights to pursue money damages or any other relief of any kind, arising out of (1) my entry into or upon the club or any other DropZone Fitness, LLC, location or DropZone Fitness, LLC, sponsored event; or (2) my use of any equipment, machinery, or facilities in the club or any other DropZone Fitness, LLC, location.

 

On behalf of myself and my successors and assigns, I agree to indemnify and will hold harmless club owner, DropZone Fitness, LLC, and all of their owners, employees, agents, successors and assigns from and against any loss or damage that may be sustained by me or any person entering the club as my guest.

 

Parent/Guardian: in exchange for club allowing my minor child to use the club, I agree to the assumption of risk of injury and waiver of claims clause in this agreement. I also agree to defend and indemnify club, DropZone Fitness, LLC, or its officers and employees to the fullest extent permitted by law for any claim brought by my minor child against them. I also promise to pay any financial obligation incurred by my minor child for any reason and acknowledge that the banking information on this agreement is my account. I understand that any child of mine under the age of 16 must be accompanied by an adult at all times while in a DropZone Fitness, LLC, club.

 

Financial Co-Signer: I promise to pay any financial obligation that the member does not pay for any reason and acknowledge that the banking information in this agreement is my account. I also agree to defend and indemnify club, DropZone Fitness, LLC, or its officers and employees to the fullest extent permitted by law for any claim brought by the member

 

Member’s Right To Cancel: if I decide I do not wish to remain a member of this club, I may cancel this contract by mailing to the club by midnight of the third business day after the day I signed this contract a notice stating my desire to cancel this contract. The written notice must be mailed by certified mail to 3711 Raoul Wallenberg Ste 100, Missouri City, TX, 77479. If I cancel, the club will return, within 30 days of the date on which I gave notice of cancellation, any payments I have made. All refunds will be by credit or check; there are no cash refunds.

 

Definitions: in this agreement, “club owner” means DropZone Fitness, LLC, an independent franchisee of DropZone Fitness, LLC, “club” means the club at which the agreement is signed. “I” and “member” means the person(s) whose name(s) and signature(s) and initials appear on this document. Member is responsible for updating address and contact information.

 

Member Obligations: this agreement is a legally binding obligation for which I am financially responsible. If I have a prepaid or 12-month membership, I will automatically become a month-to-month member after the pre-paid or 12-month period and will be billed the then-current monthly membership rate unless I provide notice of cancellation. A 12-month membership has an early cancellation fee of $75. Member agrees not to conduct any kind of commercial or business activity in the club and shall not act as a personal trainer for anyone within the club.

 

Cancellation. After the member’s right to cancel period noted earlier (if any), I may cancel my membership by delivering or mailing written notice to the club at least 30 days in advance of the cancellation date. All membership cancellations are effective on the last day of a month. For example, if I deliver notice on June 15th, I will pay July membership dues and my membership will terminate on July 31. If I die or become totally or permanently disabled after the date this agreement takes effect, either I or my estate may cancel this agreement and receive a partial refund of the unused membership fee by mailing a notice to the club stating the reason for canceling the agreement. The club may require proof of disability or death. The written notice must be mailed by certified mail to 3711 Raoul Wallenberg Ste 100, Missouri City, TX, 77479.

 

Club Unavailability: if the club goes out of business and does not provide facilities within 10 miles of the facility in which you are enrolled, or if the club moves more than 10 miles from the facility in which you are enrolled, you may: (a) cancel this contract by mailing, by certified mail, a written notice stating your desire to cancel this contract, accompanied by proof of payment on the contract to 3711 Raoul Wallenberg Ste 100, Missouri City, TX, 77479; or (b) file a claim for a refund of your unused membership fees against the bond or other security posted by the club with the Texas secretary of state. To make a claim against the security sends a copy of your contract, together with proof of payments made on this contract, to the Texas secretary of state. The required claim information must be received by the secretary of state not later than the 90th day after the date notice of the closure or relocation is first posted on the secretary of state’s internet website.

 

Physical Condition And No Medical Advice: I represent that I am in good physical condition and have no medical reason or impairment that might prevent me from my intended use of the club. As such, I acknowledge that neither the club nor DropZone Fitness, LLC, provided me with medical advice before I joined, and cannot give me medical advice after I join. If I have any health or medical concerns now or after I join, I will talk to my doctor before using the club.

 

Rules And Regulations: I agree to follow the DropZone Fitness, LLC, membership policies and club rules. DropZone Fitness, LLC, or the club may, in its sole discretion, modify its rules or policies without notice at any time. Club rules may vary by location. All signs posted in a club or communicated verbally are part of the rules of a club. The club and DropZone Fitness, LLC, reserve the right to refund the prorated cost of unexpired services and terminate this membership immediately for any reason or no reason whatsoever.

 

Reciprocity: membership to the club allows me to access other DropZone Fitness, LLC, locations free of charge. My use of all DropZone Fitness, LLC, locations is subject to the terms of this agreement and I have the same obligations to any DropZone Fitness, LLC, location as I have to the club and club owner, including the assumption of risk and waiver of claims. I understand that if I use another DropZone Fitness, LLC, the location more than the club, my membership will be transferred to that location according to the then-current membership transfer policy. If my membership is transferred, I agree my monthly dues will be the price of the new home club and I may have to sign a new membership agreement with that club.

 

Guests: I will not allow anyone besides me to use my membership access card, and I understand that I will be charged a $20.00 per visit fee for any unauthorized guest I allow into the club and that my access card may be deactivated or my membership terminated and a fee will be charged to activate the card or rejoin the club. I will also be responsible for any losses, damages or liability the club suffers because of an unauthorized guest I allow into the club.

 

Membership Freeze: I have the right to freeze my membership for up to three months per year, during which time I will not be charged standard monthly dues. I must provide written notice by the 25th of the month before the month for which the freeze is to take effect. I will incur a $7 processing charge for each frozen month. For prepaid or 12-month agreements, the membership will be extended one month for each month frozen. A membership cannot be canceled during a freeze period.

 

Money Back Guarantee. If I do not feel a positive difference in my physical wellbeing within 30 days of signing this agreement, the club will give me my money back (enrollment fee, membership dues, and access card monies). I must do the following two things

–        (1) work out at the club twice per week for four weeks and

–        (2) attend a “basic 8” or fitness score session with club staff. To request a refund, I must send or deliver a written notice to the club on or before the 30th day of my membership including a statement of why I am requesting a refund. The refund does not apply to tanning, personal training, vending or merchandise purchases.

 

Personal E-Mail Address: I understand that I must provide a valid e-mail address to activate my free personal web page. I also will receive occasional emails from DropZone Fitness, LLC, updating me on my membership benefits. I may opt-out from receiving these updates by replying and requesting to be unsubscribed. I agree that DropZone Fitness, LLC, may use my e-mail address and other personal information for internal use only & will not share this information.

 

Liability For Property: the club is not liable to me or my guest for any personal property that is damaged, lost or stolen while on or around club premises including, but not limited to, a vehicle or its contents or any property left in a locker. If I or my guest cause any damage to the club, I am liable to the club for its cost of repair or replacement.

 

Facilities And Services: club reserves the right at any time to delete, discontinue, repair or replace the facility equipment without any effect on this agreement. The club may be closed for up to two weeks each year for maintenance purposes. Video notice. I may not take photos or videos anywhere in the club. I understand that the club uses unmonitored video surveillance and access card usage is logged, which both may be retained by the club for future use.

 

No Steroids: I understand that the club bans the use of steroids and I agree not to use, sell or exchange steroids on the club premises.

 

Limitation Of Liability: I agree that, unless controlling legal authority requires otherwise, any award by an arbitrator or a court is limited to actual compensatory damages. I agree that, specifically, neither an arbitrator or a court can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these.

 

Miscellaneous: this is the whole agreement between the parties and supersedes any prior understandings or agreements of the parties whether written or oral, express or implied. This agreement may not be amended or modified except in a writing signed by both parties.

 

Cancellations: this agreement may be canceled through written notice 30 days in advance of the separation date. All changes will be made within 14 days of the written notice. Thanks for your cooperation.

 

Liability Waiver for New Clients:

This form is an important legal document. It explains the risks you are assuming by beginning an exercise program. It is critical that you read and understand it completely. After you have done so, please print your name legibly and sign in the spaces provided below.

In consideration of being allowed to participate in the activities and programs of  Drop Zone Fitness, and to use its facilities, equipment and machinery in addition to the payment of any fee or charge, I do hereby waive, release and forever discharge Drop Zone Fitness and its officers, agents employees, representatives, executors, and all others from any and all responsibilities or liability from injuries or damages resulting from my participation in any activities, or my use of equipment or machinery in the above-mentioned activities, I so also hereby release all of these mentioned, and any others acting upon their behalf, from any responsibility or liability for any injury or damage to myself, including those caused by the negligent  act or omission of participation in any activities of Drop Zone Fitness or the use of any equipment at Dropzone Fitness.
            
I understand and am aware that strength, flexibility, and aerobic exercise, including the use of equipment, are a potentially hazardous activity. I also understand that fitness activities involve a risk of injury and even death; I am voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death.

I understand that I will undergo fitness testing periodically at Drop Zone Fitness. I am aware that I will be encouraged to give maximum effort at all times; however, I am also aware that I may terminate the test at any time if I feel fatigue or discomfort.

 

I acknowledge and agree that no warranties or representations have been made to me regarding the results I will achieve from this program. I understand that results are individual and may vary.