Member/Participant acknowledgement and assumption of risk and full release from liability of Bodyworx Personal Training Studio and Fitness Centre, or its employees, contractors, officers, or owners. Participant acknowledges these physical activities involves the inherent risk of physical injuries or other damages, including, but not limited to heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heart prostration, knee/low back/foot injuries and other illnesses, soreness, or injury however caused, occurring during or after participant participation in the physical activities. Member further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective equipment, or an unknown health problem of a member. Member agrees to assume all risk and responsibility involved with participation in the physical activities, member affirms that member is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities. Member acknowledges that participation will be physically and mentally challenging and the member agrees that it is the responsibility of the member to seek competent medical or other professional advice regarding the concerns and questions involved with the ability that he or she is capable of participating in the physical activities.
The client acknowledges, affirms and warrants that he/she is in good physical and mental health and has no physical or mental disabilities whatsoever which would impair the client’s ability to participate in the Bootcamp training sessions or which would otherwise jeopardize, threaten or harm the client’s general physical and/or mental health. Further, the client is fully aware of the physical demands placed upon an individual during a Bootcamp training session. Your participation is completely voluntary and you acknowledge that you are assuming all risks of injury to yourself or others including any illness or medical condition while at the Bodyworx facility, your residence or elsewhere. The client and his/her respective heirs, executors, estate trustees, administrators, successors and assigns, do hereby absolve and hold harmless, release and forever discharge Bodyworx, including owners and employees from any and all liabilities, damages, actions, claims or demands whether in law or in equity for damages, losses, or injuries arising from or by reason of any physical or mental disability or injury or property loss sustained by the client while participating directly or indirectly in Bootcamp training sessions provided by Bodyworx.
Rules, conditions and regulations: Liability Waiver for Members Using the
BodyWorx Fitness Centre
ACKNOWLEDGEMENT AND RELEASE OF LIABILITY
I, on behalf of myself, request authorization for use of the BodyWorx Fitness Centre. I on behalf of myself, acknowledge that use of the Gym is expressly conditioned on my agreement to each of the terms of this document. I, on behalf of myself, acknowledge and agree as follows:
1. Use of the Gym involves physical exercise, sport and recreational activities that may cause injury. I, on behalf of myself, understand that there is an inherent risk of injury when choosing to participate in any physical exercise, sport, wellness, and/or recreational activities. My use of the Gym is a voluntary activity in all respects and I, on behalf of myself, assume all risks of injury and illness that may result from such use. This includes any sponsored group activities or individual use of the facility or exercise equipment.
2. As the participant, I, on behalf of myself, recognize and acknowledge that there are risks of physical injury and I, on behalf of myself, agree to assume the full risk of any injuries (including death), damages or loss which I, on behalf of myself, may sustain as a result of participating in any and all activities arising out of, connected with or in any way associated with my use of the Gym. I, on behalf of myself, acknowledge that participation and use of the Gym is voluntary.
3. I, on behalf of myself, do hereby fully release and discharge employees and the sponsors and those whose facilities are being used for this program (collectively, the “Released Parties”) from any and all liability, claims and causes of action from injuries or illness (including death), damages or loss which I, on behalf of myself, may have or which may accrue to me on account of participation in all activities utilizing the facility. This is a complete and irrevocable release and waiver of liability. Specifically and without limitation, I, on behalf of myself, hereby release the Released Parties from any liability, claim, or cause of action arising out of the Released Parties’ negligence. I, on behalf of myself, covenant not to sue the Released Parties for any alleged liabilities, claims, or causes of action released hereunder.
4. I, on behalf of myself, further agree to indemnify and hold harmless and defend the Released Parties from any and all claims resulting from injuries or illness (including death), damages or loss, including, but not limited to attorneys’ fees, sustained by me arising out of, connected with, or in any way associated with, the Gym.
5. In the event of any emergency, I, on behalf of myself, authorize the Released Parties to secure from any licensed hospital, physician and/or medical personnel any treatment deemed necessary for my immediate care and agree that I, on behalf of myself, will be responsible for payment of any and all medical services rendered.
6. I, on behalf of myself, have been advised to consult with a physician before I, on behalf of myself, undertake any physical exercise program. I, on behalf of myself, certify that I, on behalf of myself, am in good health and sufficient physical condition to properly use the Gym; that I, on behalf of myself, am knowledgeable about the proper use of any equipment that I, on behalf of myself, will use and the rules of any activities that I, on behalf of myself, will participate in; and that I, on behalf of myself, will carefully read the operating instructions for any Gym equipment prior to use and will operate such equipment in strict accordance with instructions.
7. The Released Parties are not responsible for any loss or theft of personal property brought to or left in the Gym and I, on behalf of myself, release the owner and employees or agents from any liability for such loss or theft.
8. I, on behalf of myself, understand and agree to adhere to the BodyWorx Fitness Centre and other BodyWorx gyms policy and rules, which are available for review at the BodyWorx Facilities.
9. I, on behalf of myself, understand and agree that I am on the BodyWorx mailing list both social and direct mail. I may opt out at any time by requesting so in writing.
Pre-Authorized Payment Plans: Applies to all Members who have elected to pay by a pre-authorized payment plan.
Pre-Authorized Payment: This is to authorize BodyWorx to charge monthly dues to my (our) bank account or credit card. The member agrees to notify BodyWorx in writing within 10 days of any change in the member’s bank account or credit card.
Date of Monthly Payments: All such authorized charges are to be made on the 1st or 15th of each month.
Bank Refusal: If any of my bank of credit card debits do not clear, or are not honoured by my financial institution for any reason whatsoever. I authorize BodyWorx to charge against the supplied credit card or pre-authorized chequing (if applicable) to the amount refused or dishonoured plus a $20.00 administration charge.
Charges in Monthly Payment Amount: BodyWorx is authorized to change the amount of the monthly payments by giving the member sixty days written notice of the change. Failure on the part of the member to advise BodyWorx in writing of his/her disagreement with the change within fifteen days of the receipt of this notice by the member shall be deemed to be full acceptance of such change. If the member gives written notice of his/her disagreement with the changes (as provided), this agreement shall terminate thirty days form the date of the original notice of change by BodyWorx to the member. Any notice to the member shall be deemed to have been duly given in writing and mailed to the address provided by the member unless the member has given BodyWorx notice in writing.
Swipe Access Card: There is a one-time $15.00 fee for a swipe card. If this card is damaged or lost, the member is responsible for purchasing a new card at $15.00.
Refund Policy: All memberships are non-refundable and non-transferable unless approved specifically by BodyWorx management.
Termination of Policy: BodyWorx reserves the right to terminate a membership at our discretion.
I, on behalf of myself, have read and fully understand this Acknowledgement and Release of Liability set forth above, including the permission to secure medical treatment and the release of all claims, including claims for the negligence of the Released Parties. I, on behalf of myself, am 18 years old or older. I, on behalf of myself, understand that my signed waiver will be retained in my employee personnel file. This document is binding upon me and my heirs, children, wards, personal representatives and anyone else entitled to act on my behalf.
Cancellation: Written notice must be given. The following month’s payment will be taken out and after that the membership is terminated.
I, on behalf of myself, also agree to the following rules regulating use of the Gym:
1. Members have access to the Gym for wellness activities solely on a voluntary basis on their own time and should seek medical approval before starting any new exercise program.
2. Access for individual wellness activities is limited to members with an issued key card for the Gym. The key card will allow the member unscheduled access every day to the fitness room from 5:30am to 11:00pm Monday to Sunday where applicable.
3. Before receiving a key card, members must give this signed liability waiver form for the BodyWorx Facilities to the owner, manager or designate who will request a key card for the member.
4. When there is a charge for any wellness activity, payment is the sole responsibility of the member.
5. Access to the fitness room exercise equipment is on a first come, first serve basis.
6. Members must not allow persons without key card access into the Gym.
7. Members are responsible for leaving the Gym clean and following the posted rules for safe use and maintenance of the fitness equipment. Problems with exercise equipment should be reported to the BodyWorx owner, manager or designate.
8. Any Gym maintenance issues should be reported immediately to the BodyWorx owner, manager or designate.
9. Lockers can be used only while the member is at the Gym. Members must provide their own locks. Any items left in lockers will be removed as will locks.
10. No equipment is to be removed from the premises.
11. Failure to observe the above rules can result in termination of a member’s access to the facility.
12. For safety and security, members are encouraged to not use the Gym alone. This is especially important in the evening and early morning hours.
13. In case of an emergency, members should use the phone located in the Gym and should be aware of the location of the first aid kit.
14. All areas of the Gym shall remain alcohol and tobacco free.
15. Cancellation of a membership requires 30 days written notice from the date of a scheduled payment. If the notice is not given on a scheduled payment date then the member will be given access to the gym for any excess days.
16. Cancellation of a one year contract outside of its due date requires a $100.00 surcharge to the member.
17. Members must replace all free weights/equipment after use. Under no circumstances are weights to be dropped or equipment abused.
18. All locks must be removed from lockers each day or they will be cut off.
19. Beverages on the floor must have a lid and be in a plastic container. No food is permitted on the floor.
20. Weight belts must be removed when using upholstered equipment.
21. Smoking is not permitted on the property.
22. Shaving in any wet area is strictly prohibited.
23. No cut off shorts, mini tees, bra tops or other unclean or inappropriate attire are permitted.
24. Each member shall refrain from the use of any obscene or vulgar conduct or language. Each member will not conduct him/herself in a way that presents a danger or nuisance to any other member or employee of BodyWorx.
25. Each member will comply with any and all rules posted in various areas of the facility including the POOL area (where applicable)
1. Members must sign all pages of this form.
2. Forms must be submitted to the owner, manager or designate of BodyWorx.
3. Signed forms will be kept on file in the BodyWorx Facility.