Terms and Conditions
We have a membership agreement. You’ve probably seen it. Everything in the packet you signed when you became a member can be found right here!
PROVISIONS. Fit Loft will provide a fully equipped exercise facility which may include, but not necessarily be limited to, a fitness training area with equipment including, but not necessarily limited to, stationary bicycles, elliptical, treadmills, circuit training equipment, free weight training area and other program areas. The Fit Loft facilities may be unavailable during a period of repair and maintenance or special events, programs or private parties, or by Management’s schedule for these or other events. At times, in order to keep the facilities in the best possible condition, Fit Loft may be closed for a temporary time period for repairs and/or renovations. Member acknowledges that there will be no adjustments in dues for such periods of closure.
REPRESENTATIONS REGARDING MEMBER’S HEALTH CONDITION AND RELATED. The member warrants and represents that the member or any6 family member or guest entitled to use the facilities of Fit Loft under the terms of membership, has no disability, impairment, or ailment preventing him/her from engaging in active or passive exercise, or that will be detrimental or adverse to such person’s health, safety, or physical condition if he/she does so engage or participate. The Member acknowledges and agrees that: (1) Fit Loft will rely on the foregoing warranty in issuing the Membership; (2) Fit Loft shall have no obligation to perform a fitness assessment or similar testing to determine the Member’s physical condition; (3) if any fitness assessment or similar testing is performed by Fit Loft, it is solely for the purpose of providing comparative data with which the Member can track progress in a program and is not for diagnostic purposes; (4) Fit Loft shall not be subject to any claim, demand, or injury whatsoever on account of Fit Loft’s evaluation or interpretation of such fitness assessment or similar testing; (5) Fit Loft shall not be liable for any injury arising out of the member’s disability impairment or ailment preventing him/her from engaging in active or passive exercise or that would be detrimental or adverse to such person’s health, safety or physical condition if he/she does so engage or participate. Each; member and guest should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing.
RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT. In consideration of participating in health or Fit Loft activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence and its owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
(a) I acknowledge that health or Fit Loft activities involve known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, musculoskeletal injuries, broken bones, and/or overuse injuries, injuries caused by equipment that breaks or otherwise fails; death as a result of drowning or brain damage caused by near drowning; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
(b) I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
(c) I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
(d) I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume (and bear the costs of) all risks that may be created, directly or indirectly, by any such condition
(e) In the event that I file a lawsuit, I agree to do so solely in the state where Releasees’ facility is located, and I further agree that the substantive law of that state shall apply.
(f) I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and affect.
NATURE OF USE. Use of the Fit Loft facilities confers solely the right to use and enjoy the facilities and equipment in accordance with Fit Loft’s rules and regulations, as they may change from time to time, in the sole discretion of Fit Loft. Rights to use the Fit Loft facilities do not confer any interest in the property or assets of Fit Loft or any right to participate in the management or operations of Fit Loft, financially or otherwise. The member identified herein may not sell or otherwise transfer his o her rights to use the Fit Loft facilities to another party.
LIABILITY AND WAIVER OF LIABILITY. Each member of Fit Loft shall be liable for any property damage and/or personal injury (caused by the Member, Member’s Family, Guest or any other person) at Fit Loft or any activity or function operated, arranged or sponsored by Fit Loft. It shall be the obligation of the member to pay for any costs involved upon presentation of a statement thereof. Any and all use of Fit Loft Facilities, or participation in, Fit Loft, activities operated, arranged or sponsored by Fit Loft whether on or off of Fit Loft’s premises by the Member, Member’s Family or Guest(s) shall be AT SUCH PERSON’S OWN RISK, and Fit Loft shall not be liable for any injuries or damages to such person, or the property of such person, or be subject to any claim, demand, injury or damages. The Member individually, and on behalf of the Member’s personal representative, heirs, administrators, assigns and successors does her by expressly forever release and discharge Fit Loft, its successors and assigns, as well as its officers, agents and employees from all such claims, demands, actions or causes of action.
SUSPENSION/TERMINATION OF MEMBERSHIP BY MANAGEMENT. Management has the right to suspend and/or terminate any membership for non-payment of dues, fees, Fit Loft Property dues, or for behavior inimical to the enjoyment f Fit Loft by other members and staff for any reason deemed sufficient in the sole discretion of Management.
INVOLUNTARY TERMINATION. Fit Loft reserves the right at any time to terminate the rights to use the Fit Loft facilities of any member who has failed to promptly pay the fee, acted inappropriately or has not complied with the terms of this Agreement or with any of the Rules and Regulations adopted from time to time by Fit Loft, or for any conduct that Fit Loft determinates, in its sole discretion, to be improper or in any way or contrary to the best interests of Fit Loft or its members, The right to use the Fit Loft facilities may be terminated by notification in writing mailed to the last address shown on the records of Fit Loft for the member being terminated. Possession, sale, exchange or use of firearms or any unlawful controlled substance while at Fit Loft is prohibited.
ACCESS/ATTIRE. Members must use their Fit Loft access card each time they enter the Fit Loft facilities. A fee of $5.00 will be assessed for replacement of any Fit Loft access card. Photo identification is required at all times. Proper attire is required for participants using the Fit Loft Facilities. Shirts and shoes are required in all public and recreational areas. Fit Loft may prohibit the use of any personal equipment on the Fit Loft facilities.
FOOD. No food or beverages, other than sports drinks and water, are permitted in the Fit Loft facilities.
DAMAGES. Any damage to the Fit Loft facilities or another person’s property or to any person on the Fit Loft premises by a member shall be paid for by the applicable member.
HEALTH AND CLEANLINESS OF MEMBERS. Members shall not enter the Fit Loft facilities with any medical condition, including, but not limited to, infections, maladies or inability to maintaine personal hygiene, if such condition poses a threat to the health or safety of others, and members shall use the facilities in accordance with all applicable public health requirements. It is each member’s responsibility to consult with his or her physician to determine if any of these medical conditions exist, and if so, whether such condition poses a threat to the health or safety of members or others. Fit Loft reserves the right, however, to make the final determination in this regard. Members should refrain from using sound devices that may disturb other Fit Loft members.
PERSONAL BUSINESS. Members may not use the Fit Loft facilities for personal business without prior written approval by an authorized representative of Fit Loft, which approval may be withheld in Fit Loft’s sole and absolute discretion.
LOCKERS. Lockers are to be used only when using the Fit Loft facilities and items cannot be kept overnight. Fit Loft shall not be responsible for lost or stolen property of members. All property in lockers at the end of each business day will be deemed abandoned and may be discarded by Fit Loft.
MONITORING. Member acknowledges and agrees that Fit Loft may be subject to electronic audio and video monitoring.
AMENDMENT OF RULES, REGULATIONS OR POLICIES. Fit Loft may from time to time adopt rules, regulations or policies amending or supplementing those contained in this Agreement, and all members will be obligated to comply with such rules, regulations or policies. If new or amended rules or regulations are adopted, they will be published as “Additional or Substitute Rules and Regulations” unless they are of such a nature that publication would be inefficient or inappropriate, in which case notice shall be posed or members shall be otherwise.
UNPAID BALANCES AND DISHONORED CHECKS. All balances which are 30 days past due are subject to a $25.00 monthly service fee. In addition to other rights, Management reserves the right to:
(a) Collect the current and past due balance.
(b) Suspend and/or terminate membership privileges.
(c) Recover from Member(s) any collection fees, court costs, and to the extent allowed by law, if allowed, reasonable attorney fees agreed.
(d) Collect a service fee of $30.00 for any check or draft payable to Fit Loft which is not honored.
USE BY UNAUTHORIZED THIRD PARTY. Fit Loft will provide access to its facilities by use of a check in system. I acknowledge the supervision may not always provided at the facility. I further acknowledge that if I allow someone, other than myself, to utilize my membership, then Fit Loft will have the right to terminate my membership, with no refund to me.
ENTIRE AGREEMENT. This Agreement constitutes the entire and exclusive membership agreement between the parties. Any promise, representation, understanding, oral or written, pertaining directly or indirectly to the agreement which are not continued herein, are hereby waived.