ACKNOWLEDGEMENT OF RISK:
Client acknowledges that the services purchased from Fulcrum Fitness (“Company”) include participation in strenuous physical activities, including, but not limited to, aerobics, weight training, running, jumping and stair climbing, all in indoor and outdoor settings. As used herein the term “Facility” shall mean indoor gymnasium facilities as wells any outdoor setting or environment including but not limited to parks, streets, sidewalks, stairs, roadways, and/ or any other location which services of Company are provided. Client acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries and any other illness, soreness, or injury however caused, occurring during or after Client’s participation in the physical activities. Client further acknowledges that such risks include, but are not limited to over exertion of Client, slip and fall by Client, or an unknown health problem of Client. Client agrees to assume all risk and responsibility involved with Client’s participation in the physical activities. Client affirms that Client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities. Client acknowledges participation will be physically and mentally challenging, and client agrees that it is the responsibility of Client to seek competent medical or other professional advice, regarding any concerns or questions involved with the ability of client to take part in the physical activities. By signing this Agreement, client asserts that Client is capable of participating in the physical activities. Client agrees to ASSUMES FULL RESPONSIBILITY FOR SUCH RISKS and for Client’s exceeding his or her physical limits.
WAIVER, RELEASE AND AGREEMENT TO HOLD HARMLESS
In consideration of being permitted to enter the Facility for purposes including use of the Facility, uses of the Facility’s equipment, and participation in any program or service, Client hereby WAIVES, RELEASES, AND AGREES TO HOLD HARMLESS the Company and its directors, officers, employees, and agents from any liability to the Client, and the Client’s guests, personal representatives, assigns, heirs, and family (herein known as “Guests”) or any loss or damage, and forever gives up an claim or demands therefore, on account of injury to Client’s person or property, including injury leading to the death of Client, whether caused by the negligence of Company or otherwise to the fullest extent permitted by law, while Client is in, upon, or about the Company Facility or using any Company Facility services or equipment. This release and waiver of liabilities includes without limitation and any claims arising in negligence, other tort, or contract.
AGREEMENT TO INDEMNIFY. Client also hereby AGREES TO INDEMNIFY COMPANY from any loss, liability, damage, or cost Client may incur due to the presence of Client in, upon, or about the Company Facility or in any way observing or using any of the Facility’s equipment whether caused by the negligence of Client the negligence of Company, or otherwise.
LIMITATION OF LIABILITY. IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE PRODUCT OR THE BREACH OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
VIDEOTAPE AND PHOTOGRAPHY. Client acknowledges that video and photographic images may be captured during classes for promotional purposes and that client may appear in web postings including but not limited to Facebook, Blog postings, and on Fulcrum Fitness run websites. Client waives all rights to said images.
CANCELLATIONS/REFUNDS: PT SESSIONS: less than 24 hours prior to the scheduled appointment time considered a “no show.” In the event Client “no shows” for their scheduled personal training session, the client will be charged for that session. AUTOPAY MEMBERSHIPS: require 2 weeks notice prior to next billing date REFUNDS: All Sales are final. No refunds shall be made for appointments serviced or client “no show.”
Client further expressly agrees that this agreement intended to be as broad and inclusive as is permitted by the law of the state of Oregon and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.
This agreement to take effect as of the date signed and is subject to change without notice as Company should deem necessary. By signing, client acknowledges they have completely read, understood, and agree to the above terms. The undersigned represent and warrant that he/she is at least 18 years of age:
1932 West Burnside Street
Portland, OR, 97209