TRAINING MATE WAIVER
In exchange for my participation in physical fitness and training organized by Training Mate, 1including the use of the property, facilities, and/or services provided by Training Mate, I agree 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
Express assumption of risk: I, the undersigned, am aware that there are significant risks involved in all aspects of physical training and using Training Mate’s studios. Those risks 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 use of Training Mate’s studios may result in serious injury or death to myself and/or my training partner(s). I willingly assume full responsibility for any of those risks and accept full responsibility for any injury or death that may result from my participation in any activity at Training Mate’s studios. I acknowledge that I have no physical impairments, injuries, or illnesses that would endanger me or others.
Release: In consideration of the risks and hazards stated above and in consideration of my willing and voluntary participation in activities at Training Mate’s studio, I, the undersigned, release Training Mate LLC, Training Mate Four LLC, each Training Mate franchise, their principals, agents, employees, volunteers, and anyone working on their behalf from any and all liability, claims, demands, actions, or rights of action, which are related to, arise out of, or are in any way connected with my use of Training Mate’s studios, even if such claim, demand, action or right of action is caused or claimed to have been caused by any active or passive negligence or breach of duty by Training Mate LLC, Training Mate Four, LLC, a Training Mate franchise, their principals, agents, employees, volunteers, and/or anyone working on their behalf. This agreement is binding on me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is deemed to be invalid, I agree that the remainder of the agreement will remain in full legal force and effect.
Indemnification: The participant recognizes that there are risks involved in using Training Mate’s studios and their equipment. The participant accepts financial responsibility for any injury that the participant may cause to himself/herself or to any other participant of Training Mate’s studios due to his/her negligence. Should Training Mate LLC, Training Mate Four LLC, any Training Mate franchise, their principals, agents, employees, volunteers, 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 those fees and costs. I further agree to indemnify and hold harmless any of those parties from liability for injury or death to any person(s) and damage to any property that may result from my negligent or intentional acts or omissions while at Training Mate’s studio. Any legal or equitable claim that may arise from participation in a Training Mate studio will be resolved under California law.
I have read and understand the assumption of risk, release, and indemnification stated above. I understand that by signing this document, I am agreeing to indemnify Training Mate LLC, Training Mate Four LLC, Training Mate franchises, their principals, agents, employees, volunteers, and anyone acting on their behalf for any liability arising out of injury or death and/or property damage caused by my negligent or intentional acts or omissions while using Training Mate’s studios. I understand that by signing this document I am waiving certain legal rights that would otherwise be available to me under the 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-toperson 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.
MATE MEMBERSHIP AGREEMENT
This Agreement is made between the Client and Training Mate for a MATE Membership 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 30 days before the Client’s next billing date.
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 30 days 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.”)