In exchange for participation in the activity of Group fitness organized by Training Mate LLC ("Training Mate LLC"), of 7825 Santa Monica Blvd, West Hollywood, California, 90046 and/or use of the property, facilities and services of Training Mate LLC, I agree for myself and (if applicable) for the members of my family, to the following:
1. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Training Mate, or the employees, representatives or agents of Training Mate.
2. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Training Mate for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Training Mate, whether caused by the fault of myself, my family, Training Mate or other third parties.
3. I agree to indemnify and defend Training Mate against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Training Mate.
4. I agree to pay for all damages to the facilities of Training Mate caused by my or my family's negligent, reckless, or wilful actions.
5. I agree Training Mate, or the employees, representatives or agents of Training Mate consent to use my photographs and audio-visual recordings to promote the services offered by Training Mate LLC in advertising publications, marketing materials, publicity, or promotion. These collective images and recordings may be used on the Training Mate website, Training Mate emails, Training Mate Social Media Outlets including Facebook, Instagram, Twitter and Pinterest. I hereby assign all rights to the Training Mate, or the employees, representatives or agents of Training Mate (collectively, the “Training Mate”), and release the Training Mate from liability that may arise from the photographs or recordings.
6. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.
7. Member is required to cancel 12 hours before class, or they will be charged a late penalty fee for that class which will be up to 100% of the advertised casual price of the class but no less than $15. If you arrive after class start time, your spot may be given away and a late cancel fee may be incurred
7. I am eighteen years old or older
MEMBERSHIP CONTRACT TERMS
Between: the client and Training Mate LLC for M8 Membership at West Hollywood, Santa Monica and Studio City locations.
Contract applies from the Contract Start Date for a minimum 3 months, with automatic renewal for subsequent months, unless cancelled by either the client or Training Mate, with notification IN WRITING to firstname.lastname@example.org at least 14 days in advance of the next billing date.
Suspensions requests must be IN WRITING to email@example.com at least 14 days prior to suspension start date, and minimum 1 month suspension and a maximum 6 month suspension.
The client agrees to Pay Recurring Monthly Fees to Training Mate as follows: M8 Membership $259/month or Monthly 8 Unlimited Membership $199/month via Client authorized automatic credit card. Payment in monthly increments by any means other than Client’s credit card is not permitted.
Please read and accept. (a) I agree to purchase the agreement for as an automatic charge to my credit card account each month for a minimum of months. (b) I hereby certify that I am the holder of the credit card. (c) I understand that I will be notified if my credit card payment fails to authorize for any reason, and that a $15 late fee will apply if I do not provide a valid credit card within 2 days of the original rejection date. (d) I understand that my service will be deactivated if my account becomes more than 2 days late. Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the Health Club at which the contract is entered into ceases operation and fails to offer a comparable alternate location within ten miles
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.
Training Mate LLC (“the Studio”) has put in place preventative measures to reduce the spread of COVID-19; however, the Studio cannot guarantee that you will not become infected with COVID-19. Further, attending the Studio could increase your risk of contracting COVID-19.
By accepting this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk I may be exposed to or infected by COVID-19 by attending the Studio and that such exposure or infection may result in personal injury, financial loss, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Studio may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Studio employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury (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 the Studio or participation in Studio programming (“Claims”).
I hereby release, covenant not to sue, discharge, and hold harmless the Studio, 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 the Studio, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Studio program.