Waiver of Responsibility

TRAINING MATE WAIVER

In exchange for my participation in physical fitness and training organized by Training Mate (“Training Mate” includes, as applicable, Training Mate LLC, Training Mate Four LLC, and any Training Mate franchise), including the use of the property, facilities, and/or services provided by Training Mate (collectively the “Activity”), and the intangible value to me of participating in such Activity, I agree to all of the terms and conditions set forth in this agreement, as follows:

1. I am at least eighteen (18) years old.
2. 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.
3. I give consent to Training Mate, or the employees, representatives or agents of Training Mate, to use my photographs and audio-visual recordings to promote the services offered by Training Mate 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 as well as any images that may be uploaded onto a client’s profile on the Training Mate App. I hereby assign all rights to Training Mate, or the employees, representatives or agents of Training Mate (collectively, the “Training Mate”), and release Training Mate from liability that may arise from the photographs or recordings.
4. I understand that the Training Mate website and application may collect user images for various purposes, such as profile pictures or content submission. I am aware that any images submitted to our platform may be stored on our servers for future use. Training Mate does not share these images with third parties; they are only used for internal purposes such as improving the user experience. By submitting an image to our platform, you acknowledge and consent to collection and storage of your image.
5. I understand that if I cancel within a 12-hour window before class I may be charged a late penalty fee of up to $20 or the deduction of a credit. This is at the discretion of the individual studio and may vary by location.

ASSUMPTION OF RISK AND WAIVER OF LIABILITY

Voluntary Assumption of Risk: I am aware that there are significant and serious risks involved in all aspects of physical training and in visiting or using Training Mate’s fitness studios. I am also aware that those risks may be physical or psychological, and include but are not limited to: falls which can result in serious injury or death; injury or death due to my own negligence, my training partner’s negligence, and/or the negligence of others around me at the studio; injury or death due to the improper use of equipment and/or the failure of such equipment; and strains and sprains. I am aware that risks associated with physical training and my visiting or use of Training Mate’s studios may result in temporary or permanent physical injury, disability, pain and suffering, or death to myself and/or my training partner(s), as well as property damage and/or financial loss. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Training Mate’s agents, employees, or others, including negligent emergency response or rescue operations. I understand that Training Mate cannot guarantee that I will not be injured or harmed while on the premises or during my participation in the Activity. Understanding those risks, I acknowledge that I am voluntarily accessing Training Mate’s premises and participating in the Activity with knowledge of the dangers involved. I agree to accept and assume all risks of illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss arising from such visitation or participation, whether caused by the ordinary negligence of Training Mate (including its agents, employees, or representatives) or otherwise. I confirm that I am in good health and proper physical condition and am not aware of any personal physical impairments, medical conditions, injuries, or illnesses that would impair my ability to participate in the Activity or endanger me or others if I do so.

Consent to Treatment: I hereby consent to receive from any licensed hospital, physician, or medical personnel (including emergency responders or providers of first aid) any medical treatment deemed necessary if I am injured or require medical attention because of my being at Training Mate’s studios or participating in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation.

Release of Claims: I hereby expressly waive and release Training Mate LLC, Training Mate Four LLC, each Training Mate franchise, and its and their principals, agents, officers, directors, employees, volunteers, and anyone working on its or their behalf, and each of their predecessors and successors (collectively the “Releasees”), from any and all claims, now known or hereafter known, on account of physical or psychological injury, illness, pain, temporary or permanent suffering, disability, death, property damage, or financial loss arising out of, or attributable to my visiting Training Mate’s studios or participating in the Activity, whether arising out of the ordinary negligence or breach of duty by Training Mate or any Releasee(s) or otherwise. I covenant not to make or bring any such claim against Training Mate or any Releasee(s), and I forever release and discharge Training Mate and all Releasee(s) from liability under such claims.

I understand that by signing this agreement and release, I am waiving any and all claims of any kind arising out of or attributable to my visiting Training Mate’s studios or participating in the Activity, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS THAT I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 42, WHICH READS AS FOLLOWS:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Indemnification: I agree that I shall defend, indemnify, and hold harmless Training Mate and all Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, the costs of enforcing any right to indemnification under this agreement and release, and the costs of pursuing any insurance providers, arising out of or resulting from any claim of a third party related to my being at Training Mate’s studios or participating in the Activity, including any claim related to my own negligence or the ordinary negligence of Training Mate or any Releasee(s). Any legal or equitable claim that may arise from participation in a Training Mate studio will be resolved according to the laws of the state in which I reside.

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 has put in place preventative measures to reduce the spread of COVID-19. However, Training Mate cannot guarantee that you will not become infected with COVID-19. Further, attending Training Mate could increase your risk of contracting COVID-19.

By signing below, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 while at Training Mate, and that such exposure or infection may result in personal injury, financial loss, illness, permanent disability, and death. I understand the risk of becoming exposed to or infected by COVID-19 at Training Mate may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Training Mate’s principals, agents, employees, volunteers, anyone acting on their behalf, and their families.

I voluntarily agree to assume all 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 Training Mate (“Claims”).

I hereby release, covenant not to sue, discharge, agree to indemnify and hold harmless Training Mate, their principals, agents, employees, volunteers, and anyone acting on their behalf of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating to them. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Training Mate, their principals, agents, employees, volunteers, and/or anyone acting on their behalf, whether a COVID-19 infection occurs before, during, or after participation at any Training Mate.

AUTO-RENEWAL MEMBERSHIP AGREEMENT

This Agreement is made between the Client and Training Mate for a MATE Membership and all Auto-renewal memberships at Training Mate’s studio.

Your home studio is defined as the studio where you attend the majority (over 50%) of your classes. In the event that you start attending the majority (over 50%) of your classes at another Training Mate location (not your location of purchase), your original home studio has the right to transfer your membership to the location where you are taking the majority (over 50%) of your classes. Your membership will then be billed at the full rate ($259 per month) at the new location and this will be considered your new home studio, unless otherwise discussed with a manager. This applies to all memberships, including Foundation Memberships.

Client’s membership will begin on the Contract Start Date and will remain in place for a minimum three (3) months. The membership will automatically renew unless cancelled by Client or Training Mate, with notification in writing to your home studio email. The written cancellation notice must be received by Training Mate at least 1 month before the Client’s next billing date. Upon cancellation, the membership will remain active through the end of the current billing cycle and no refunds will be provided for unused time. If you cancel before the 3 month minimum term, you will be charged for the remaining balance. Cancellations cannot be processed while your account is on suspension.
In the event Client requests a suspension of their Membership, the request must be made in writing to your home studio email. The written suspension notice must be received by Training Mate at least 1 month before the Client’s requested suspension date. Duration of the suspension will be for a minimum of one (1) month and maximum of two (2) months. One suspension is permitted per year and a one-off $29 fee will apply for processing. Suspensions cannot be made within three (3) months of your membership start date. (“Training Mate” is defined to include, as applicable, Training Mate LLC, Training Mate Four LLC, and any Training Mate franchise.”)

You, the buyer, may cancel this agreement at any time prior to the midnight of the fifth business day (third business day in Texas) of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent to Training Mate at your home studio address, or via your home studio email.

COMPLETE AGREEMENT & APPLICABLE LAW

This agreement is the sole and entire agreement of between me and Training Mate with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This agreement is binding on and shall inure to the benefit of Training Mate, all other Releasees, and me, and our respective successors, heirs, executors, representatives, and assigns. All matters arising out of or relating to this agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Los Angeles County, California and I hereby consent to the exclusive jurisdiction of such courts.