By checking the box, you (also referred to as Member) acknowledge and hereby agree to abide by all the Terms and Conditions listed herein.
MEMBERSHIP
Nature of Membership: Your membership permits you to use FLEXX FITNESS CLUB ‘s premises, facilities, equipment and services as shown and limited by the membership identified on page 1. Your membership is non-transferable by you and gives you no rights in FLEXX FITNESS CLUB , its management , property or operation. FLEXX FITNESS CLUB may assign or transfer your membership in its sole discretion. FLEXX FITNESS CLUB can sell memberships at different rates and terms than yours. Any special promotional membership or rate regarding privileges, usage, hours, or facilities is valid only at the club of enrollment, unless otherwise noted.
Term of membership. Membership offered by FLEXX FITNESS CLUB is month-to-month. Membership will automatically renew at the end of each 30-day term, unless Member choses to cancel by giving written notice five days before the 30-day membership expires.
Military and Students: You must be a current student with valid school identification card to enroll as a student client. For military, you must provide either active military card, or have a veteran identification card to register under this discounted membership program. You must provide valid proof of identification in order to receive these discounted prices. FLEXX FITNESS CLUB reserves the right to immediately terminate your membership and/or require you to pay the full regular price of fees.
FINANCIAL POLICY
Dues & Fees: You agree to pay the dues and fees with your selected membership package listed on www.flexfitnessclub.com. These fees and any prepaid monthly dues are not refundable, except as stated in Section 6 of this agreement. Whether or not you use the facilities, you must still pay your monthly dues. You agree to pay FLEXX FITNESS CLUB an administrative fee for any returned check, or debit problems, such as non-sufficient funds, closed account, frozen or declined credit or similar circumstances. The current fee is $35.00 but is subject to change at FLEXX FITNESS CLUB ‘s discretion without prior notice.
Right to Increase Dues: FLEXX FITNESS CLUB may increase monthly dues once per calendar year. Any increase shall be at the sole discretion of FLEXX FITNESS CLUB , upon 30 days written notice to Members.
FACILITIES AND SERVICES
Description of Services and Hours of Access: Not all facilities or services are open or available at all times. Your membership with FLEXX FITNESS CLUB shall include access to the facility, towel service, water service, online class reservations, and lockers/cubbys. Your membership options are listed on www.flexxfitnessclub.com, and allow you to select the membership option based on class type and sessions, which include group Yoga and Strength Conditioning classes, including the cardiovascular, strength and conditioning equipment, as well as Yoga mats, stretching bands, and yoga boxes. Your membership agreement does not include personal training sessions; these services require separate written agreement with FLEXX FITNESS CLUB and require additional fees.
Change in Services: FLEXX FITNESS CLUB reserves the right at any time to make reasonable changes to the type or quantity of group exercise classes and equipment offered and alter the hours of operation, and to amend the cost of, add, modify, and/or eliminate any program, facility, activity, class, or service in FLEXX FITNESS CLUB ‘s reasonable discretion. Classes are available subject to demand.
Temporary Closures: FLEXX FITNESS CLUB regularly closes on a temporary basis its facilities (or portions of its facilities) for maintenance, selected holidays, and other hours based on municipal requirements and such temporary closures will have no effect on this agreement so long as such temporary closures are reasonable, If your club of enrollment is forced to close or partially closed by events or occurrences beyond FLEXX FITNESS CLUB ‘s control, such as, by way of example, acts of God, fires, floods, windstorms, explosions, riots or unrest, natural disasters , wars, sabotage, or action by any lawful authority (Unforeseen Events), you will not be entitled to a refund, dues credit or to terminate your Members hip.
Facility Equipment: You understand and acknowledge that FLEXX FITNESS CLUB does not manufacture fitness or other equipment installed, placed, or used at its Facility. You understand that the equipment used is purchased and/or leased. You understand and acknowledge that FLEXX FITNESS CLUB is providing recreational services and that you will not hold FLEXX FITNESS CLUB liable for any defective products used at their facility, and you hereby release FLEXX FITNESS CLUB from any and all possible claims now and in the future as a result of any such product or equipment defects or failures.
REPRESENTATIONS
Physical Condition& No Medical Advice: You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of FLEXX FITNESS CLUB ‘s facilities. As such, you acknowledge that FLEXX FITNESS CLUB has not given you medical advice before you joined and cannot give you any advice after you join, relating to your physical condition and ability to use the facilities .
Limited Use: If you know or should know you have any problem that might prevent you from using all FLEXX FITNESS CLUB facilities and you sign this agreement, you agree membership is limited and still must pay your dues as if you could use all facilities.
Liability for Property: FLEXX FITNESS CLUB is not liable to you or your guest(s) for any personal property that is damaged, lost, or stolen while on or around FLEXX FITNESS CLUB ‘s premises including, but not limited to, a vehicle or its contents or any property left in a locker/cubby. If you, or your guest(s) cause any damage to FLEXX FITNESS CLUB ‘s facilities, you are liable to FLEXX FITNESS CLUB for the cost of repair or replacement including any property damage that You or FLEXX FITNESS CLUB sustains.
Entire Agreement & Enforcement: You acknowledge that neither FLEXX FITNESS CLUB, nor anyone else, made any representations nor promises upon which you relied that are not stated in this agreement. Handwritten changes to this agreement are not valid. The Terms and Conditions, including the Informed Consent and Members Assumption of the Risk, and Release of Any Liability by FLEXX FITNESS CLUB, contain the entire agreement between you and FLEXX FITNESS CLUB and replaces any oral or other written agreement. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If FLEXX FITNESS CLUB does not enforce any right in this agreement for any reason, FLEXX FITNESS CLUB does not waive its right to enforce such right later.
CANCELLATION, TERMINATION, & REFUND
Your 5 Day Cancellation Right: You may cancel your monthly membership by giving FLEXX FITNESS CLUB notice, in writing, at least five days prior to the end of your 30-day monthly membership. The auto-renewal system will charge your card 4 days prior to the end of the 30-day cycle. For example, if you purchase a monthly membership package on January 1st, you must given written notice of cancellation by January 27th, as the auto-renewal is set to charge the Members account on January 28th. Member understands that notice must be given prior to the auto-renewal charge, as once the transaction has been complete, it is nonrefundable.
Termination: Wrongful Conduct and Dues: FLEXX FITNESS CLUB is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe FLEXX FITNESS CLUB rules and regulations or who abuse equipment in any fashion will be asked to leave. FLEXX FITNESS CLUB has the right to judge behavior and respond accordingly, this includes termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to FLEXX FITNESS CLUB property which results from the willful or negligent conduct of any member, members guest, or members dependent child. Not all rules and regulations are listed in this agreement. FLEXX FITNESS CLUB reserves the right to add, change or remove rules.
Arbitration: Any dispute arising out of or relating to this Membership Agreement, or the breach thereof, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The terms of this Agreement shall be governed by the laws of the state of California and be adjudicated in the courts of the state of California in the city of San Diego. and judgment upon the arbitration award may be entered in any court having jurisdiction.
Full Disclosure Of Physical Conditions
The Member certifies that he/ she is physically sound and suffering from no known condition, impairment, disease, infirmity, or illness that would prevent his/her participation in the Members Activities (as defined herein or in the Informed Consent) at FLEXX FITNESS CLUB or with the FLEXX FITNESS CLUB staff except as hereinafter stated. Member assumes the obligation to obtain their physician’s approval to participate in the Activities contained in the Informed Consent and Assumption of the Risk Document. The Member represents that he/she has no congenital, physical, or mental health problems, no underlying cardiovascular neurological, or any illness, or condition which might affect or prevent the Members participation in the Activities under This Agreement. Member confirms that he/she has either (a) been given permission by the Members physician to participate in the program contained herein, or (b) that the Member has decided to participate in the Activities in their Informed Consent and Assumption of the Risk without seeking such approval from their personal physician or despite their doctor’s recommendation. The Member expressly assumes all responsibility for the Members participation in the Activities under This Agreement and acknowledges that physical activity, even supervised activity can be considered a dangerous activity resulting in injury and even death. Member agrees to indemnify, defend and hold FLEXX FITNESS CLUB harmless from any and all claims arising from the Members breach of any of the conditions and terms contained in this Agreement, including the cost of any legal fees incurred by FLEXX FITNESS CLUB.
INFORMED CONSENT AND ASSUMPTION OF THE RISK
By singing up for this membership, and by using the facility, equipment, and attending classes at FLEXX FITNESS CLUB, Member hereby acknowledges on behalf of him/herself, his/her heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in association with using the Facility at FLEXX FITNESS CLUB. Member acknowledges that some of these risks cannot be eliminated. The Member enters into this Agreement with full knowledge of all risks and benefits associated with Activities under this Agreement. The Member certifies that he/she is of a legal age to enter this Agreement and is not mentally incapacitated. The Member certifies that he/she enters this Agreement without duress, undue influence, and for valuable consideration. The Member certifies he/she understands the risks associated with participation in the Activities under this Agreement including, but not limited to physical injury resulting from the acts, omissions, and/or negligence of others. The Member certifies that the Member knows and fully understands the importance and relevance of all the risks, and expressly and voluntarily assumes any and all risks associated with the Members participation in the Activities under this Agreement, including but not limited to the activities of training; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities, techniques, and/or exercises. Further, the Member expressly and voluntarily assumes any and all risk associated with the Members participation in the Activities under this Agreement, including but not limited to the risks of dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm), and/or any other physical injury, due to any cause whatsoever.
RELEASE OF WAIVER LIABILITY
Member certifies that the Member voluntarily agrees to participate in the Activities under this Agreement, including but not limited to the activities of training; exercise; conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities, techniques, and/or exercise. The Member further agrees to follow all rules set forth by FLEXX FITNESS CLUB and its Trainers. In consideration of the privilege of participating in the Activities under this Agreement, and the training services provided by FLEXX FITNESS CLUB and its Trainers, the Member for himself, his heirs, assigns, administrators, executors, and/or all Members of his family, including minors, waives, releases, holds harmless and forever discharges FLEXX FITNESS CLUB its successors in interest, assigns, servants, agents, employees, independent contractors, associates, officers, directors, officials and any other participants in the Activities under this Agreement, from any and all responsibility, liability, claims actions, suits, procedures, costs, expenses, damages and demands of any kind and nature, damages, actions, causes of action of any kind, whether now known or unknown, or which the Member may have now, or which may hereafter accrue to the Member(collectively, the Claims), including but not limited to Claims based upon or related to dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia and/or any other physical injury, due to any cause whatsoever, including the act or omission, negligence or any other fault of FLEXX FITNESS CLUB , its successors in interest, assigns, servants, agents, employees, independent contractors, associates, officers, directors, officials and any other participants in the Activities under this Agreement.
I HAVE READ THE TERMS AND CONDITIONS ABOVE, INCLUDING THE RELEASE AND WAIVER OF LIABILITY, INFORMED CONSENT AND ASSUMPTION OF THE RISK AND FULLY UNDERSTAND ITS TERMS, AND BY CHECKING THE BOX, I VOLUNTARILY AGREE TO ALL TERMS AND CONDITIONS LISTED ABOVE, WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND THIS CONSENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
SERVICES AGREEMENT: This PRIVATE MEMBERSHIP AGREEMENT (hereby referred to as Agreement) is entered into between FLEXX FITNESS CLUB LLC (herein referred to as FLEXX FITNESS CLUB or the Facility), located at 1490 Union Street, San Diego CA 92101, and APPLICANT, for the private use and access to FLEXX FITNESS CLUB, for ONE MONTH from the Execution Date (signed below).
SERVICE PACKAGES AND DUES: This Agreement grants APPLICANT private access and use of FLEXX FITNESS CLUB for SIXTY (60) minutes a day, SEVEN (7) days of the week, for THIRTY (30) consecutive days from the Execution Date. The cost of this Private Access is $400.00 a MONTH, which is nontransferable, nonrefundable, and must be paid prior to use of Facility.
You hereby declare that you have read and understood this entire Agreement and understand it is a legal contract between you and FLEXX FITNESS CLUB. By purchasing the MONTHLY MEMBERSHIP, you consent to all terms in this Agreement, including the Supplemental Terms and Conditions (pages 1-5).
FLEXX FITNESS CLUB TERMS AND CONDITIONS
BY SIGNING BELOW, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE FOREGOING, UNDERSTAND ITS CONTENTS AND CONSENT TO ABIDE BY THE TERMS AND CONDITIONS CONTAINED BELOW.
I. PARTIES.
FLEXX FITNESS CLUB LLC (FLEXX FITNESS CLUB ) and You agree that by signing this agreement, you have purchased Personal Training Sessions and consent to all the terms and conditions herein. You also agree to follow FLEXX FITNESS CLUB ‘s membership policies and any club rules. The terms You” Member and ” FLEXX FITNESS CLUB ” include heirs, estates, successors, agents , representatives, officers, directors, employees, independent contractors, shareholders, successors, affiliates, and subsidiaries. Both parties make this agreement on behalf of, and it shall be binding upon all these included persons and entities.
2. FINANCIAL POLICY
a. Dues & Fees: You agree to pay the dues and fees (specified in package options on page one of this Agreement) prior to the first day of your first session. All packages are non-refundable and must be used within 30 days of purchase.
b. Right to Increase Dues: FLEXX FITNESS CLUB may increase fees once per calendar year. Any increase shall be at the sole discretion of FLEXX FITNESS CLUB , upon 30 days written notice to Members .
3. FACILITIES AND SERVICES
a. Change in Services: FLEXX FITNESS CLUB reserves the right at any time to make reasonable changes to the type of training programs, and to amend the cost of, add, modify, and/or eliminate any program, activity, or service in FLEXX FITNESS CLUB ‘s reasonable discretion.
b. Temporary Closures: FLEXX FITNESS CLUB regularly closes on a temporary basis its facilities (or portions of its facilities) for maintenance, selected holidays, and other hours based on municipal requirements and such temporary closures will have no effect on this agreement so long as such temporary closures are reasonable, If your club of enrollment is forced to close or partially clone by events or occurrences beyond FLEXX FITNESS CLUB ‘s control, such as, by way of example, acts of God, fires, floods, windstorms, explosions, riots or unrest, natural disasters , wars, sabotage, or action by any lawful authority (Unforeseen Events), you will not be entitled to a refund for your Personal Training Session.
c. Facility Equipment: You understand and acknowledge that FLEXX FITNESS CLUB does not manufacture fitness or other equipment installed, placed, or used at its Facility. You understand that the equipment used is purchased and/or leased. You understand and acknowledge that FLEXX FITNESS CLUB is providing recreational services and that you will not hold FLEXX FITNESS CLUB liable for any defective products used at their facility, and you hereby release FLEXX FITNESS CLUB from any and all possible claims now and in the future as a result of any such product or equipment defects or failures.
d. Liability for Property: FLEXX FITNESS CLUB is not liable to you or your guest(s) for any personal property that is damaged, lost, or stolen while on or around FLEXX FITNESS CLUB ‘s premises including, but not limited to, a vehicle or its contents or any property left in a locker/cubby. If you, or your guest(s) cause any damage to FLEXX FITNESS CLUB ‘s facilities, you are liable to FLEXX FITNESS CLUB for the cost of repair or replacement including any property damage that You or FLEXX FITNESS CLUB sustains.
4. REPRESENTATIONS
a. Physical Condition& No Medical Advice: You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of FLEXX FITNESS CLUB ‘s facilities. As such, you acknowledge that FLEXX FITNESS CLUB has not given you medical advice before you joined and cannot give you any advice after you join, relating to your physical condition and ability to use the facilities
b. Entire Agreement & Enforcement: You acknowledge that neither FLEXX FITNESS CLUB, nor anyone else, made any representations nor promises upon which you relied that are not stated in this agreement. Handwritten changes to this agreement are not valid. This Agreement, the Supplemental Terms and Conditions to this Agreement, , Informed Consent and Assumption of the Risk, Release of Any Liability, AND RELEASE OF LIABILITY RELATED TO COVID 19, contain the entire agreement between you and FLEXX FITNESS CLUB and replaces any oral or other written agreement. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If FLEXX FITNESS CLUB does not enforce any right in this agreement for any reason, FLEXX FITNESS CLUB does not waive its right to enforce such right later.
5. CANCELLATION OF INDIVIDUAL SESSIONS
a. 24- Hour Cancellation Notice: You may cancel your ONE HOUR PRIVATE FACILITY RENTAL by giving notice to FLEXX FITNESS CLUB at least 24 Hours prior to your scheduled session.
6. TERMINATION OF PRIVATE MEMBERSHIP AGREEMENT AGREEMENT
a. Wrongful Conduct and Dues: FLEXX FITNESS CLUB is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe FLEXX FITNESS CLUB rules and regulations or who abuse equipment in any fashion will be asked to leave. Due to COVID 19, members must adhere to the CDC guidelines prior to using the Facility, which include, but are not limited to: TEMPERATURE CHECK, WASHING HANDS WITH ANTIBACTERIAL SOAP, USING DISINFECTING WIPES BEFORE ENTERING, AND PRIOR TO LEAVING THE FACILITY. FLEXX FITNESS CLUB has the right to termination of this Agreement without refund if you do not comply.
b. Effect of Termination & Financial Obligation: Upon cancellation or termination, your right to use FLEXX FITNESS CLUB ‘s facilities ends and FLEXX FITNESS CLUB can deny you access to any or all FLEXX FITNESS CLUB clubs. If you owe FLEXX FITNESS CLUB money when your membership ends, you still owe the money , and FLEXX FITNESS CLUB will deduct it from any refund you might be entitled to receive . If there is not enough money to cover the debt in the refund you must pay the balance.
7. ARBITRATION
Any dispute arising out of or relating to this Agreement, or the breach thereof, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The terms of this Agreement shall be governed by the laws of the state of California and be adjudicated in the courts of the state of California in the city of San Diego. and judgment upon the arbitration award may be entered in any court having jurisdiction.
8. FULL DISCLOSURE OF PHYSICAL CONDITIONS
The Member certifies that he/ she is physically sound and suffering from no known condition, impairment, disease, infirmity, or illness that would prevent his/her participation in the Members Activities (as defined herein or in the Informed Consent) at FLEXX FITNESS CLUB or with the FLEXX FITNESS CLUB staff except as hereinafter stated. Member assumes the obligation to obtain their physician’s approval to participate in the Activities contained in the Informed Consent and Assumption of the Risk Document. The Member represents that he/she has no congenital, physical, or mental health problems, no underlying cardiovascular neurological, or any illness, or condition which might affect or prevent the Members participation in the Activities under This Agreement. Member confirms that he/she has either (a) been given permission by the Members physician to participate in the program contained herein, or (b) that the Member has decided to participate in the Activities in their Informed Consent and Assumption of the Risk without seeking such approval from their personal physician or despite their doctor’s recommendation. The Member expressly assumes all responsibility for the Members participation in the Activities under This Agreement and acknowledges that physical activity, even supervised activity can be considered a dangerous activity resulting in injury and even death. Member agrees to indemnify, defend and hold FLEXX FITNESS CLUB harmless from any and all claims arising from the Members breach of any of the conditions and terms contained in this Agreement, including the cost of any legal fees incurred by FLEXX FITNESS CLUB.
9. INFORMED CONSENT AND ASSUMPTION OF THE RISK
By singing up for this membership, and by using the facility, equipment, and attending classes at FLEXX FITNESS CLUB, Member hereby acknowledges on behalf of him/herself, his/her heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in association with using the Facility at FLEXX FITNESS CLUB. Member acknowledges that some of these risks cannot be eliminated. The Member enters into this Agreement with full knowledge of all risks and benefits associated with Activities under this Agreement. The Member certifies that he/she is of a legal age to enter this Agreement and is not mentally incapacitated. The Member certifies that he/she enters this Agreement without duress, undue influence, and for valuable consideration. The Member certifies he/she understands the risks associated with participation in the Activities under this Agreement including, but not limited to physical injury resulting from the acts, omissions, and/or negligence of others. The Member certifies that the Member knows and fully understands the importance and relevance of all the risks, and expressly and voluntarily assumes any and all risks associated with the Members participation in the Activities under this Agreement, including but not limited to the activities of training; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities, techniques, and/or exercises. Further, the Member expressly and voluntarily assumes any and all risk associated with the Members participation in the Activities under this Agreement, including but not limited to the risks of dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia (abnormal rhythm of brain waves or heart rhythm), and/or any other physical injury, due to any cause whatsoever.
10. RELEASE OF WAIVER LIABILITY
Member certifies that the Member voluntarily agrees to participate in the Activities under this Agreement, including but not limited to the activities of training; exercise; conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines; stretching; weight lifting; testing, including but not limited to testing of the cardiovascular system, heart rate, muscle strength, endurance, and flexibility; and any other training activities, techniques, and/or exercise. The Member further agrees to follow all rules set forth by FLEXX FITNESS CLUB and its Trainers. In consideration of the privilege of participating in the Activities under this Agreement, and the training services provided by FLEXX FITNESS CLUB and its Trainers, the Member for himself, his heirs, assigns, administrators, executors, and/or all Members of his family, including minors, waives, releases, holds harmless and forever discharges FLEXX FITNESS CLUB its successors in interest, assigns, servants, agents, employees, independent contractors, associates, officers, directors, officials and any other participants in the Activities under this Agreement, from any and all responsibility, liability, claims actions, suits, procedures, costs, expenses, damages and demands of any kind and nature, damages, actions, causes of action of any kind, whether now known or unknown, or which the Member may have now, or which may hereafter accrue to the Member (collectively, the Claims), including but not limited to Claims based upon or related to dizziness; strains and/or sprains; fractures of any kind; syncope (fainting); arrhythmia (alteration in heart rhythm); dyspnea (shortness of breath); angina pectoris (chest pain); tachycardia (rapid resting heart rate over 100 beats per minute); myocardial infarction (heart attack); cerebrovascular accident (stroke); dysrhythmia and/or any other physical injury, due to any cause whatsoever, including the act or omission, negligence or any other fault of FLEXX FITNESS CLUB , its successors in interest, assigns, servants, agents, employees, independent contractors, associates, officers, directors, officials and any other participants in the Activities under this Agreement.
I HAVE READ THE TERMS AND CONDITIONS ABOVE, INCLUDING THE RELEASE AND WAIVER OF LIABILITY AND INFORMED CONSENT AND ASSUMPTION OF THE RISK AND FULLY UNDERSTAND ITS TERMS, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. FLEXX FITNESS CLUB, LLC (herein referred to as FLEXX FITNESS CLUB or the Facility), located at 1490 Union Street, San Diego CA 92101, has put in place preventative measures to reduce the spread of COVID-19; however, FLEXX FITNESS CLUB cannot guarantee that you or your family, friends, coworkers, or anyone you are in close contact with, will not become infected with COVID-19. Further, attending FLEXX FITNESS CLUB could increase your risk and all those you come in contact with, of contracting COVID-19. By signing below, APPLICANT hereby declares the following:
1. I agree that I am personally responsible for my safety and actions while using FLEXX FITNESS CLUB. Because FLEXX FITNESS CLUB is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19.
2. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue FLEXX FITNESS CLUB, its board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the Released Parties) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 while participating in any activity while in, on, or around FLEXX FITNESS CLUB and/or while using any machines, tools, equipment, or materials in the Facility.
3. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, sickness, death, loss of use, monetary loss, or any other injury from or related to my use of the Facility, tools, equipment, or materials, whether caused by own negligence or otherwise specifically related to COVID-19.
4. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending the Facility and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the FLEXX FITNESS CLUB may result from the actions, omissions, or negligence of myself and others, including, Released Parties.
5. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at FLEXX FITNESS CLUB.
6. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless FLEXX FITNESS CLUB, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of FLEXX FITNESS CLUB and Released Parties, whether a COVID-19 infection occurs before, during, or using FLEXX FITNESS CLUB.
7. I agree that this Wavier of Liability shall be governed by and construed in accordance with California law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. This waiver remains in effect until the State of California releases all COVID-19 related mandates.
I, APPLICANT, HAVE READ AND UNDERSTOOD THIS ENTIRE AGREEMENT AND UNDERSTAND IT IS A LEGALLY BINDING CONTRACT BETWEEN MYSELF AND FLEXX FITNESS CLUB