1) Definitions. All covenants, representations, warranties, obligations, agreements, understandings and/or acknowledgements herein are made by Member individually and/or by Member on behalf of Member’s minor child. As used herein, the phrase “Released Parties” means the Gym, its parents, subsidiaries and affiliates, and its and their officers, directors, members, employees, contractors, representatives, agents, consultants, insurers and underwriters.
2) Risk; assumption of risk. Member fully understands and acknowledges that,
- (i) there are risks and dangers, foreseeable and unforseeable, associated with participation in group fitness classes, personal training sessions, tanning, and other activities, and using the equipment, available at the gym, which could result in bodily injury, partial and/or total disability, paralysis and death,
- (ii) the economic and other losses and/or damages that could result from such risks and dangers could be severe, and
- (iii) such risks and dangers may be caused by the action, inaction or negligence of member or the released parties. Member hereby accepts and assumes such risks and dangers and the entire responsibility for any losses, liabilities and/or damages following any injury, disability, paralysis or death associated with such risks and dangers, however caused and whether caused in whole or in part by the negligence of the released parties. Member hereby represents and warrants that member is in good physical condition and physically able to undertake any and all physical exercises and activities performed by member at the gym.
3) Release; covenant not to sue. Member hereby releases, waives, discharges, indemnifies, and covenants not to sue the released parties, and agrees to hold the released parties harmless, individually and collectively, with respect to any and all claims, demands, losses and damages arising out of, relating to or resulting from member’s use of the gym and its equipment, and member’s participation in any of the gym’s activities, including but not limited to any injury, disability, paralysis, death, damage to or loss of property, however caused and whether caused in whole or in part by the negligence of the released parties or otherwise. Member expressly acknowledges and agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by law, and if any portion thereof is held invalid or unenforceable for any reason, it is agreed that the balance shall continue in full force and effect.
4) No warranties. The gym dis, and member hereby waives, any and all warranties and representations, express or implied, with respect to the gym, its facilities and/or its equipment, and member’s use thereof, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
5) Equipment and Facilities. Prior to Member participating in any Gym activities, or using any equipment in the Gym, Member should inspect the facilities and/or equipment to be used, and if Member believes any equipment or facilities are unsafe, Member should immediately advise the Gym and not participate in such activity or use such equipment. Member should also consult with a physician before using any of the Gym’s services, facilities or equipment. Member understands that equipment may, from time to time, be out of order for repair, replacement or other required services. Member agrees to pay an extra charge for damage to the Gym’s facilities and equipment caused by Member’s negligence, carelessness or intentional acts.
6) Personal Property. Neither the Gym nor any Released Party shall be responsible for damaged, lost or stolen articles of personal property of any Member.
7) Default; Consequences of Default. Member shall be in default of this Agreement if: (i) Member fails to pay the Gym any amount when due, (ii) Member breaches any term or condition set forth in this Agreement or (iii) Member has made any false or untrue statement or representation in this Agreement. In the event Member defaults under this Agreement, the Gym may immediately terminate this Agreement and the Gym may demand immediate payment of all unpaid monthly installments under this Agreement.
8) Compliance with Rules and Conduct of Member. Member shall conduct himself or herself in a well mannered fashion while on the Gym’s premises. Member shall obey all rules and regulations of membership referred to in the Rules and Regulations webpage or otherwise prescribed by the Gym, and the Gym reserves the right to terminate or revoke Member’s membership if Member fails to keep and/or obey any such rules and regulations.
9) Death, Disability, or Relocation; Cancellation. If, by reason of death, disability or relocation to a new, permanent residence more than twenty-five (25) miles from the Gym (as evidenced by documentation requested by the Gym), Member shall have the right to terminate this Agreement, effective as of the last day in the calendar month of termination, and shall not be obligated to make any future monthly payments to the Gym under this Agreement; provided, however, that if Member has prepaid for any services hereunder, Member shall receive a pro rated refund based, less a service fee equal to ten percent (10%) of the unused balance or $50.00, whichever is greater. Upon the expiration of the initial term of this Agreement, Member may terminate this Agreement in writing by giving the Gym at least fifteen (15) days advance written notice thereof, and any such timely cancellation shall be effective as of the last day in the calendar month of cancellation.
10) Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. If any part of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall remain valid and enforceable. Neither any failure nor any delay by any party in exercising any right, power or privilege under this agreement shall operate as a waiver of such right, power or privilege, and no single or partial exercise of any other right, power or privilege. The Gym reserves the right to modify, change or amend this Agreement in its sole discretion for the proper management and operation of the Gym. This Agreement shall be governed by the internal laws of the state of Illinois, without regard to conflicts or choice of laws rules