Terms and Conditions
BODY MACHINE FITNESS, LLC
PARTICIPATION AND WAIVER OF LIABILITY AGREEMENT
NOTICE TO MEMBER: DO NOT SIGN THIS MEMBER AGREEMENT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES.
This Participation and Waiver of Liability Agreement (the “Agreement”) is between Body Machine Fitness, LLC., a Texas limited liability company (“BMF”) and the person signing at the bottom (“Member”). This Agreement is effective when the Member signs this Agreement (“Effective Date”). This Agreement incorporates by reference the Member Information form completed at the time the Member signs this Agreement (the “Member Information Form”), and any subsequent Member Information Form completed and submitted by the Member.
1. ASSUMPTION OF RISK. Member will be participating in the use of fitness equipment, fitness exercises, other physical activities. Member understands that the use of fitness equipment and doing fitness exercises are activities that involve a lot of stretching, balancing and other kinds of physical actions that are not common to everyday activity. Member understands that fitness can result in injury, such as muscle strain, muscle injury, joint injury, and bone injury. Member understands that their own medical and physical condition is unknown to BMF, and using fitness equipment and doing fitness exercises may injure Member in ways that would not injure other people. Member affirms that they shall participate in using fitness equipment and doing fitness exercises only if they are healthy to do so safely, without suffering injury or death. Member knows the inherent risks of fitness and activities related to using fitness equipment and doing fitness exercises, understands these risks, appreciates these risks, and agrees to assume responsibility for these risks.
2. RELEASE OF LIABILITY and Covenant Not To Sue. In consideration for BMF providing classes and activities, Member, on behalf Member and their spouse, heirs, administrators and assigns, hereby releases BMF, and BMF’s managers, officers, employees, volunteers, independent contractors, agents and representatives (the “Releasees”), FROM ANY AND ALL CLAIMS OF NEGLIGENCE AND GROSS NEGLIGENCE OF BMF IN CONNECTION WITH ITS BUSINESS, including without limitation, the conduct of activities and classes, maintenance and condition of facilities, selection of instructors, hiring of employees, maintenance and condition of equipment, and use of facilities. Furthermore, in consideration providing classes and activities, Member agrees and covenants to never to file any claim, lawsuit or other proceeding, whether judicial or administrative, against the Releasees for any personal injury, property damage, wrongful death or other injury, including without limitation, any claims of negligence and gross negligence that may arise or result from my use of fitness equipment, and participation in the classes and activities of BMF.
3. Rules and Instructions. Member agrees to follow all directions and instructions of their instructor, and follow all rules of BMF. Member will not behave in a manner that is disruptive of activities and other Members, or that may cause injury to an instructor or other Member. BMF has the right to refuse to allow Member to participate in any activities at BMF for any reason and at any time. BMF will refund any fees and dues that have been paid an advance and not used.
4. Use of Images. Member authorizes BMF to use pictures and media of my participation in fitness exercises at BMF without compensation. BMF agrees that if Member asks for BMF to not use any particular image or media in writing, that BMF will stop using such image or media in a reasonable amount of time.
5. Fees. Member will pay for all fees specified in a Member Information Form when due. BMF will provide instructional services and access to BMF facilities according the programs that the Member has paid for or otherwise authorized by BMF. These programs are subject to change at the discretion of BMF without notice to Member.
6. Payment of Fees. Payment of fees shall be by cash, check, credit card, debit card or payment card. Payment of fees shall be paid prior to the use of any programs, equipment and activities for which such fees are charged. Member hereby authorizes BMF to charge the credit card or debit card specified on the Member Information Form in lieu of presenting of presenting such payment card for the payment of any fees.
7. Services Subject to Change. The programs, equipment and activities offered by BMF are subject to change at the discretion of BMF without notice to Member. BMF will in its sole discretion either refund any fees that have been paid an advance for programs, equipment and activities cancelled by BMF that were not used, or substitute such programs, equipment and activities cancelled by BMF with comparable programs, equipment and activities.
8. Expiration of Packages. Certain instances of the use of programs, equipment and activities are subject to expiration if not used during certain periods of time. Such expirations take effect automatically without the necessity of notice to Member, and no refunds are made for any unused instances.
9. Cancellation. This Agreement may be cancelled by Member for any reason and at any time with such cancellation being effective one month after Member gives BMF written notice of cancellation with such notice delivered personally to the BMF facility or by mail to the BMF facility.
10. Rules and Instructions. Member shall comply with all directions and instructions of the employees and staff of BMF, and follow all rules of BMF. Member shall not behave in a manner that is disruptive of activities and other users of BMF facilities, or that may cause injury to the employees or staff of BMF or other users of BMF facilities. BMF has the right to refuse to allow Member to use BMF facilities or equipment, participate in any activities at BMF, or be present on any premises of BMF, for any reason, at any time, and for any period of time, including a permanent period of time. In the event that BMF imposes the foregoing restrictions, BMF will refund any fees that have been paid an advance and not used.
11. Use of Images. Member authorizes BMF to use pictures and media of Member using the BMF facilities without compensation. BMF agrees that if Member asks for BMF to not use any particular image or media in writing, that BMF will stop using such image or media in a reasonable amount of time.
12. Indemnification. Member shall indemnify, defend and hold BMF, and BMF’s managers, officers, employees, volunteers, independent contractors, agents and representatives, from all damages, liabilities and claims, including without limitation, personal injury, death, property damage, attorney’s fees, legal costs, and contractual claims, arising from or caused by the acts or omissions of Member.
13. Emergency Care. Member grants BMF permission to administer first aid, CPR and AED to Member; authorizes emergency transportation; sharing of medical information about Member; and assumes all costs incurred in connection with medical care of Member at the BMF facility.
14. General Terms. This Agreement shall be governed by Texas law. Any lawsuit in connection with this Agreement or any acts, omissions or events involving BMF shall be exclusively filed in a court with jurisdiction of Collin County, Texas. If the event that any provision of this Agreement is held to be unenforceable, such provision shall be severed out, all other provisions shall remain enforceable, and the unenforceable provision shall be modified by the court to give such provision the maximum legal effect that was intended by BMF. No terms or conditions concerning the subject matter of this Agreement that are not in this Agreement shall be binding. BMF and Member waive trial by jury.
15. Acknowledgements. Member acknowledges that they have read and understood this Agreement, and that Member is giving up significant legal rights, including without limitation, the right to financial recovery for injury or property damage, whether the injury or damage results from the inherent risks of the activities or the negligence or gross negligence of BMF. Member acknowledges that they are signing this Agreement voluntarily with the full intent of releasing BMF of liabilities as provided in this Agreement.
16. Waiver of Liability. This Agreement expressly incorporates by reference as if set forth entirely herein, the terms and conditions of any waivers, releases or indemnifications entered into by Member, including without limitation a certain Waiver of Liability entered into by Member in conjunction with this Agreement.
IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO BODY MACHINE FITNESS, LLC, 6153 WINDHAVEN PARKWAY, SUITE 130, PLANO, TEXAS 75093.
IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT BODY MACHINE FITNESS, LLC, 6153 WINDHAVEN PARKWAY, SUITE 130, PLANO, TEXAS 75093.
IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO BODY MACHINE FITNESS, LLC, 6153 WINDHAVEN PARKWAY, SUITE 130, PLANO, TEXAS 75093.