Prime Physique, LLC |
San Jose Adventure Boot Camp |
3635 Union Avenue, San Jose, CA 95124 Phone (408) 558-1800 Fax (408) 371-1502 |
Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement
I, the Participant/Responsible Party, on my own behalf, and behalf of all others who are listed as Additional Participants under this Agreement, including my unborn and/or minor children, and my and their personal representatives, assigns, successors, heirs, and next of kin, (hereinafter collectively referred to as “the Releasors”), acknowledge and agree that the use of the facilities, services, equipment or premises of Prime Physique, LLC, dba San Jose Adventure Boot Camp (the “Club”) by myself or any of the Releasors involves risk of injury to persons and property, and the Releasors assume full responsibility for such risks for myself/themselves. In consideration of being permitted to participate in the Club’s programs or use its facilities for any purpose, including, but not limited to, observation, use of facilities, services, or equipment, or participation in any way, the Releasors agree to the following: the Releasors are authorized to, and do hereby release and hold the Club, its and their directors, officers, parents, subsidiaries, employees, members, managers, independent contractors, and agents harmless from all liability to all the Releasors, and any of their personal representatives, assigns, heirs and next of kin for any loss or damage sustained by any of the Releasors. The Releasors hereby waive any claim or demands therefore based on, or on account of, any injury or death to any of the Releasors and property damages sustained by any of the Releasors, whether caused by the active or passive negligence of the Club or otherwise, while I, or any of the Releasors is in, upon, or about the Club’s premises, or while using or participating in any of the Club’s facilities, services, or equipment.
This release of liability includes, but is not limited to, claims based on the following: the Club’s improper maintenance of its equipment (mechanical or otherwise), grounds or facilities, or any facilities, grounds, or locations where personal training services are offered by the Club, the Club’s negligent instruction or supervision, including personal training, or inadequate security or staffing, the Releasors’ use of the Club’s facilities, services, or equipment, and/or slipping or tripping anywhere in or about the Club or any location in which the Club operates, including, but not limited to public lands and public facilities. Such facilities include, but are not limited to: exercise equipment, exercise rooms, locker rooms, sidewalks, parking lots, stairs, pool, whirlpool, spa, sauna, steam room, tennis/racquet courts, or lobby area. Such risk of injury includes, but is not limited to injuries arising from the participation by myself or any of the Releasors, or others in supervised or unsupervised activities arising out of participation in any of the Club’s programs, injuries and medical disorders, including, but not limited to death, heart attacks, strokes, heat stress, sprains, broken bones, and injured muscles and ligaments, among others, arising from exercising, any recreational use of any of the Club’s facilities, or otherwise, or while participating in any of the Club’s programs, classes, or activities, and accidental injuries occurring anywhere in or about the Club, including its dressing rooms, showers and other facilities.
I also agree to indemnify and hold the Club harmless from any loss, liability, damage or cost that the Club may incur due to my presence or the presence of any of the Releasors in, upon, or about the Club’s premises or in any way observing, participating in, or using any of the Club’s facilities, services or equipment, whether caused by my negligence or otherwise. I further expressly agree that the foregoing Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement is intended to be as broad and as inclusive as permitted by the law of the state of California, and that if any portion of the foregoing Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement is held invalid, then it is agreed that the remainder of this Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement shall continue in full force and effect.
I acknowledge that I have carefully read this Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement and fully understand that it is a release of liability, and express assumption of risk and indemnity agreement. I am aware and agree that by executing this Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement, I, and all of the Releasors are giving up any rights I or any and all of the Releasors may have to bring a legal action or assert a claim against the Club for its active or passive negligence, or for any defective product on its premises.
I represent that I have the actual authority to, and do hereby enter into this Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement on my behalf and as an authorized agent, or parent or legal guardian for all of the Releasors. I have read and voluntarily signed this Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement and I further agree that no oral representations, statements or inducement apart from the foregoing written agreement have been made to me.
The length of the term of this Agreement is ______ month(s).
Participant/Responsible Party’s Signature:__________________________________________ Date: ___ / ___ / 200__
(Responsible Party, individually, and as agent for Additional Participants listed above)
You, the Participant/Responsible Party may cancel this Agreement at any time prior to midnight of the fifth business day of the Club 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 Participant/Responsible Party, are canceling this Agreement, or words of similar effect. The notice should be sent to Prime Physique, LLC, 3635 Union Avenue, San Jose, CA 95124.
TERMS AND CONDITIONS
1. Agreement. You have purchased an agreement for personal training services with Prime Physique, LLC, dba San Jose Adventure Boot Camp (the “Club”) and you (and all those listed as Additional Participants above) agree to abide by all the terms in this Agreement, and to follow the Club’s established Policies and any posted or published Club Rules. This Agreement permits you (and all Additional Participants) to participate in the San Jose Adventure Boot Camp for the specified number of sessions. The Club reserves the right to amend its Policies and Club Rules from time to time in its sole and absolute discretion. The failure of any Participant to follow the Club’s Policies and/or Club Rules may result in cancellation of this Agreement and any rights you may have under it. This Agreement is non-transferable, non-assignable, and it does not give you or anyone else any legal or financial rights in the Club, its management, property, assets, or operation. The Club may assign or transfer this Agreement in its sole discretion. The Club may sell participation in the San Jose Adventure Boot Camp at different rates and terms than yours. Any special promotion or rate regarding privileges, usage, hours, or facilities is valid only for the particular program enrolled in.
2. Enrollment Fee. The enrollment fee is a one-time fee provided that your status does not change or lapse and is non-refundable.
3. Personal Training Program Services: In the event the Participant “no-shows” for their scheduled session, the Participant will be charged for their session. Unless otherwise specifically provided for in this Agreement, failure to use the services does not relieve any Client obligations, (regardless of circumstances), to pay the fees, late charges and other monies due under this Agreement in full. The completion date will not be extended under any circumstances.
4. Refunds. No refunds shall be made for services purchased, except as specifically provided in this Agreement.
5. Guest Policy. Guests are not permitted at any time for either personal training services or participation in any boot camp program.
6. Facilities, Services and Hours of Access. This Agreement commences when it is signed and the initial payment is made. The Participants are entitled to attend the boot camp sessions for which they are scheduled only. The boot camp program includes cardiovascular, weight and other exercise equipment, and fitness training, and instruction areas. Boot camp services include classes in various activities, such as group training and other physical activities. The boot camp program hours depend on the specific program for which you enroll.
The Club reserves the right to modify the start time for any boot camp program.
7. Statutory Cancellation Rights. If the cost of the Agreement, including initiation fees, is between $1,500 and $2,000, you have the right to cancel this Agreement within 20 days after the contract is executed. If the cost of this Agreement, including initiation fees, is between $2,001 and $2,500, you have the right to cancel this Agreement within 30 days after the contract is executed. If the cost of the Agreement, including initiation fees, exceeds $2,501, you have the right to cancel this Agreement within 45 days after the contract is executed.
8. Cancellation Upon Relocation. If the Responsible Party or any Additional Participant moves further than 25 miles from the Club, or the regular location of the boot camp program location and is unable to transfer this Agreement to a comparable facility, the Responsible Party shall be relieved from the obligation of making payment for services for that Participant, other than those received prior to the move, and if Responsible Party has pre-paid any sum for services, so much of such sum as is allocable to services he or she has not taken will be refunded. Club reserves the right to charge a cancellation fee of $100 if less than one-half of Responsible Party’s contract term has expired, or, $50 if more than one-half of Responsible Party’s contract term has expired. Upon such cancellation, the entire Agreement shall be terminated for all Additional Participants as well.
9. Cancellation Upon Death or Disability. If by reason of death or disability any of the Participants are unable to receive all services for which the Responsible Party has contracted, the Responsible Party and his/her estate shall be relieved from the obligation of making payment for such services other than those services received prior to death or the onset of disability. In the event Responsible Party has prepaid any sum for services, so much of such sum as is allocable to services the Participant has not taken shall be promptly refunded to Responsible Party or his/her representative on request. “Disability” means a condition which prevents the Participant from physically using the facilities, and the condition is verified by a physician.
10. Personal Property Liability. The Club is not liable to Responsible Party or any Participant, or their guests for personal property, including any automobile or its contents, that are lost, stolen, damaged or misplaced while any Participant or their guests are on or about the Club’s premises or participating in any Club program, including but not limited to boot camp facilities. Responsible Party/Participants and their guest assume the risk of any loss, theft or damage to his/her personal property and Responsible Party/Participants release the Club from all liability with respect thereto. The Club may provide lockers, cubicles, or other storage for Participants’ or their guest’s use; however, the provision of such storage facilities is as a courtesy only, and neither the Club nor its employees or agents make any representation or warranty regarding the security of such storage or assume any responsibility or liability with respect to any property that is lost, stolen, damaged or misplaced.
11. Temporary Unavailability of Facilities or Change In Type, Quantity or Schedule of Classes or Equipment. The Club may temporarily take facilities or equipment out of operation for reasonable repairs, modifications, substitutions, or improvements. The Club reserves the right to make changes to the type or quantity of classes, services, or equipment offered.
12. Notice. Any written notice required or permitted to be given to you by the Club under this Agreement shall be considered duly given when personally delivered to you or mailed to your address as it appears on this Agreement, or any subsequent address provided by you to the Club in writing. Any notice required or permitted to be given by you to the Club is be considered duly given when received in writing by the Club’s office.
13. Change of Address. Responsible Party shall give written notice to the Club of any change of address and/or telephone numbers.
14. Termination of Monthly Agreements. If the Agreement is on a month-to-month basis and if more than five (5) business days have passed since Responsible Party entered into this Agreement, then monthly agreements may only be terminated upon thirty (30) days written notice by Responsible Party to the Club. Termination notice must be received at least thirty (30) days before Responsible Party’s next EFT billing date to allow sufficient processing time.
15. Termination For Cause by Club. The Club may, at its option, terminate this Agreement if (1) Responsible Party fails to make timely payments under any payment plan, (2) Responsible Party or any Additional Participant under this Agreement fails to follow the Club’s rules and regulations or this Agreement, or (3) Responsible Party/Additional Participant’s conduct is improper or harmful to the best interests of the Club or its participants. Termination for cause is effective on the date the Club mails a written notice to Responsible Party’s last known address. Responsible Party remains financially responsible for all dues and charges incurred until the date of termination.
16. Termination Without Cause by Club. The Club reserves the right to terminate any Agreement for any reason not identified in this Agreement that is not prohibited by law. If the Club terminates an Agreement under this provision, the Club will mail written notice to Responsible Party and refund any unused prepaid dues.
17. Physical Condition and No Medical Advice. Responsible Party and each Additional Participant listed above represents that he/she is in good physical condition and has no medical condition or impairment that might prevent their use of the Club’s facilities. Responsible Party and each Additional Participant listed above represents that they have not been advised by any physician or other health care professional to refrain from participating in any of the Club's activities or programs. Responsible Party and each Additional Participant listed above acknowledges that the Club did not give him or her any medical advice at any time relating to their physical condition and ability to use the Club’s facilities. If Participant has any medical concerns, those concerns should be discussed with a physician before using the Club’s facilities. Responsible Party/Additional Participants acknowledge that the neither the Club, nor any of its owners, employees, or agents are licensed medical practitioners, and that their advice is therefore limited in scope and is not a substitute for medical supervision and advice.
18. Governing Law. This agreement shall be construed and enforced in accordance with the laws of the State of California.
19. Severability. The provisions of this Agreement are severable. If any provision of this Agreement is determined to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain enforceable. The Club’s failure to enforce any remedy or provision of this Agreement shall not be construed as a waiver of such remedy or provision.
20. Entire Agreement. This agreement constitutes the entire agreement between the parties. This agreement may be altered or amended only by a written instrument signed by both the Responsible Party and the Club.
21. Attorney’s Fees. In the event either party commences litigation or other court action to enforce the terms and conditions of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive their reasonable attorney’s fees, court costs, and other charges from the other party as a part of any ruling, determination or judgment.
22. Disclaimer of results. Responsible Party/Additional Participants acknowledge and agree that no warranties or representations have been made regarding the results that they may or may not achieve from the use of the club or any specialized program offered by the club. Responsible Party/Additional Participants understand that results are individual and may vary. Responsible Party/Additional Participants acknowledge and agree that there are dangers and risks of injury or physical disorder inherent in participation in any athletic endeavor and that participation in this program does not remove these dangers or the risk of injury or physical disorder.
23. Use of Likeness. The Club has the right to the use of each Participant's name, voice, likeness, sound, and similar characteristics for the purpose of advertising, promoting, selling, and otherwise merchandising the Club and/or its services.
Warning: Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause heart disease, stroke, and damaged liver function. Men and women using steroids may develop fertility problems, personality changes and acne. Men can also experience premature balding and development of breast tissue. These health hazards are in addition to the civil and criminal penalties for unauthorized sale, use, or exchange of anabolic steroids. |
