MW Fitness Studio, the studio on hand (referred to herein as the “trainer”) and the undersigned client (referred to herein as the “client”) on the other hand, hereby agree to the following terms and conditions regarding client’s use of this MW Fitness facility.
Scheduled sessions may be cancelled with 24 hours notice to the trainer from the client via punchpass. If notice of cancellation for a scheduled session is not received within 24 hours prior to a scheduled session, the client agrees to pay the full amount that would have been due had the scheduled session taken place. Founding members will be charged a $15 "late cancel fee" when he or she books a MWF Studio class and fails to cancel the scheduled appointment within at least 24 hours before the start of class. A $20 "no show fee" will apply if Founding member reserves a class and fails to show for the class before the start time of class. A member with a class pass will lose a class credit from his or her membership package, for every occurrence, where he or she makes an appointment for a MWF Studio class and does not show up for it, or fails to cancel the scheduled class appointment at least 24 hours before the start of class. Late cancel and No Show fees apply to all class types.
PHYSICAL CONDITION OF CLIENT
The client represents, warrants, and agrees that the client is in good physical condition and that the client has no disability, impairment, or ailment that will prevent the client from engaging in active or passive exercise or that should be detrimental to the client’s health, safety, comfort, or physical condition should the client engage in active or passive exercise. The client acknowledges that the studio has neither made claims as to medical results nor suggested medical treatment to the client. The client acknowledges that the studio recommended that the client consult a physician prior to beginning this exercise program. The client understands that it is the client’s responsibility to inform the studio of any pain experienced before, during or after participating in the exercise program so that the exercise may be immediately terminated.
WAIVER AND INDEMNIFICATION
Client is familiar with and recognizes the danger and risk of injury to person and or property which may result from the use of studio’s facilities, including, without limitation, injury from slipping and falling, excess fatigue or stress, muscle strain, or any other unforeseen cause. With full knowledge and understanding of such risks, client agrees to use the facilities and the studio’s services rendered to the client at his or her own risk and PERSONALLY ASSUMES THE RISK for any harm, injury, or damage that may occur as a result from use of trainer’s facilities. Client hereby fully and forever RELEASES, RELINQUISHES, ACQUITS, AND DISCHARGES MW Fitness Studio and trainer, as well as any owners, managers, employees, or agents (collectively, “Released Parties”), from any and all claims, demands, actions, causes of action and rights (whether known, unknown, contingent, accrued, inchoate, or otherwise) which client may have against MW Fitness, trainer, or other Released Parties arising out of or relating to MW Fitness Studio or trainer’s passive or active negligence. Client expressly warrants and represents and does hereby state and represent that no promise or agreement which is not herein expressed has been made to him/her in executing this Release and Waiver of Liability, and that the client is not relying upon any statement or any representation of any of the Released Parties. I further grant permission MW Fitness Studio to use for promotional purposes photographs, videotapes, motion pictures, recordings or other records of my participation in the activities offered by MW Fitness Studio in which my image or likeness appears
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, 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.
The undersigned acknowledges that he/she is signing this agreement freely and voluntarily.
TO E-SIGN THIS PLEASE SIGN IN THIS WAY /s/FIRST-NAME LAST NAME i.e. /s/Melissa Wiltrout*