Extreme Fitness Liability Waiver

This Waiver and Release agreement (“Agreement”) is between the undersigned participant (referred to as “I” herein) and Extreme Fitness LLC (herein, Extreme Fitness) and is immediately effective upon execution. 

1. I, the undersigned, am aware there are significant risks involved in all aspects of physical training and competitive sports. These risks include, but are not limited to, falls that can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment, including, but not limited to, weights and weightlifting bars. I am aware that any of these above-mentioned risks may result in serious injury or death to myself, other participants, and any minor on whose behalf I am signing this Agreement.
2. I understand I am fully responsible for any and all actions of any non-Extreme Fitness member guests and any minor children accompanying me while on Extreme Fitness premises. Extreme Fitness, its principals, coaches, or staff are not liable for any damages, or accidents. I also understand Extreme Fitness is not a daycare/child-care facility, there is no supervision provided, and I take full responsibility as indicated above.
3. I willingly assume full responsibility for the risks to which I am exposing myself and accept full responsibility for any injury or death that may result from my participation in any activity while at Extreme Fitness sanctioned events. I represent that I have no physical impairments or illnesses that will endanger myself or others.
4. In consideration of the above-mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities available at Extreme Fitness, I hereby release and hold harmless Extreme Fitness and each of their respective coaches, independent contractors, trainers, shareholders, members, insurers, principals, agents, employees, participants, athletes, trainees, and volunteers (collectively, the “Released Parties”) from any and all liability, claims, demands, actions or rights of action, which may be related to, arise out of, or are in any way connected with my participation in this activity, including any and all training, competitions, diet or food challenges, and those allegedly attributed to the negligent acts or omissions of the above-mentioned parties as well as those of other participants and trainees. The foregoing shall not apply to acts of gross negligence or willful torts. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
5. If I am signing on behalf of a minor child, I also give full permission for any person connected with Extreme Fitness to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and/or surgical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child.
6. I further agree to allow Extreme Fitness, its agents, officers, principals, employees, and volunteers the use of a picture(s), film, and/or likeness of me and any minor child for whom I am signing for advertising purposes, including social media. In the event I choose not to allow the use of the same for said purpose, I agree I must inform Extreme Fitness of this in writing.
7. I recognize there is risk involved in the types of activities offered by Extreme Fitness. Therefore, I accept financial responsibility for any injury that I may cause to myself or to any other participant due to my negligence. Should the Released Parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs.

I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to hold harmless and release from liability the parties named herein for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.

Extreme Fitness     

MEMBERSHIP AGREEMENT

 1. RULES:

• For use of active members only
• Use of equipment is responsibility of the guest
• Guests are responsible for knowing their own physical limitation
• Always have a spotter for your safety
• Return weights to rack after use 
• Sanitize equipment after use 
• Don’t drop weights
• Wear appropriate gym clothing
• No horseplay
• Be considerate of others
• No children under the age of 14 allowed 
• We are not responsible for any lost or stolen items 

2. APPLICATION:

I apply for membership in Extreme Fitness located at 203 W Expressway 83, Sullivan City, Texas 78595. I represent and warrant that all facts and information set forth above are true, correct and complete.

3. CANCELLATION:

For pay as you go members:

• If cancellation is wanted, you must cancel prior to your next monthly payment. 
• If cancellation is to be made on the day of payment, after or half-way through the month, you will not get refunded for that monthly payment. If you have automatic payments, you must cancel before the POS system takes automatic payment on your due date. Please do so ahead of time for your own convenience.

By signing this contract, you adhere to the cancellation regulations.

4. FEE GUARANTEE: 

Membership fees may be modified from time-to-time by Extreme Fitness. However, no membership fee change will be applicable to me during the initial term of this contract (but will be effective for any renewal periods).

5. DEFAULT/REMEDIES: 

• If full monthly payment is not made before membership due date, access to gym will be automatically revoked until payment is made.  
• For pay as you go members: Any payment that remains unpaid for more than five (5) days shall entitle Extreme Fitness to terminate the membership. If a member wants to continue their membership after the five (5) days, they will have to renew membership and pay at the current membership rate with current membership fees.

6. MEMBERSHIP DOOR ACCESS: 

I will be issued mobile access to the gym via the Gymdesk Members App, which will entitle me to enjoy the benefits of membership. I will present my form of access for admittance, and I will be responsible for its proper use. I will not permit anyone else to use my membership form of access. Upon termination, I will surrender access to gym amenities.

7. MEMBER’S RESPONSIBILITY: 

All use of the gym shall be undertaken at my sole risk, and Extreme Fitness/or its owner shall not be liable for any harm, injuries or damage to me or my property, or be subject to any claim, demand, liability or damages whatsoever, including, without limitation, those resulting from acts of active or passive negligence on the part of Extreme Fitness and/or its owner, its successors or assigns, as well as its officers and agents, for all such claims, demands, liabilities, damages, actions or causes of actions.

8. RULES AND REGULATIONS:

 I acknowledge that Extreme Fitness operates under rules and regulations established for the safety, comfort and protection of members or other patrons and I will abide by all posted rules and regulations, as well as by rules and regulations subsequently approved and posted or published by Extreme Fitness. Rules and regulations of Extreme Fitness, in effect from time-to-time, are incorporated into this contract by reference and made a part hereof. Facility, equipment, amenities, hours, service, regulations, and policies are subject to change, without prior notice, at the sole discretion of Extreme Fitness, and I accept such reasonable changes as a condition of membership.

9. GENERAL PROVISIONS:

• I acknowledge and agree that the initiation fee represents a reasonable charge for initiating my membership considering the time and effort required of Extreme Fitness.
• I acknowledge that it has been explained to me that this is a legally binding and enforceable contract and that I have agreed to maintain my membership for the period of time specified.
• This contract may be amended, modified or rescinded, or any rights hereunder waived, only by written agreement signed by me and Extreme Fitness.
• If any term or provision of this contract is found to be invalid, illegal or unenforceable, in whole or in part, the rest and remainder of this contract shall remain in full force and effect to the fullest extent permitted by law. 

Extreme Fitness  "Ongoing" plans are recurring. When paying with card I'm agreeing to automatic payments until I cancel my membership through the Gymdesk members app. Autopay can be removed upon request.

No refunds after charges have incurred.

I have read and understood the membership contract and I understand that by signing it obligates me to hold harmless and release from liability the parties named herein for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.