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TERMS

MEMBERSHIP AGREEMENT

This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between Challenge Yourself Fitness, located at 589 Main Street, Cherry Valley, MA 01611, and you the member. Challenge Yourself Fitness is a gym offering personal training fitness classes. This Agreement entitles members access to participate in personal classes with an. instructor  and to enjoy other amenities offered including but not limited to: lockers, rope climbing, recovery equipment and more.Please review this Agreement thoroughly as it is a legal contract between Challenge Yourself Fitness and all members. By using the services offered at Challenge Yourself Fitness, members are agreeing to the terms of this Agreement.

TERMS

AGREEMENT TO PARTICIATE AND ASSUMPTION OF RISK

By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of Challenge Yourself Fitness you hereby acknowledge on behalf of yourself, that there are certain inherent risks and dangers in personal fitness classes and exercise equipment in association with the Classes and Facilities.You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Challenge Yourself Fitness staff, you would be at physical risk participating in Challenge Yourself Fitnesses Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Challenge Yourself Fitness with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Challenge Yourself Fitnesses concerns and stating that Challenge Yourself Fitnesses concerns are unfounded.In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Challenge Yourself Fitness, its affiliate entities, and each of their respective officers, directors, members, employees, and representatives, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Challenge Yourself Fitnesses Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Challenge Yourself Fitnesses Classes and Facilities. 

TERMS

MISCELANEOUS

CONDUCT/DAMAGES:

Challenge Yourself Fitness is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe Challenge Yourself Fitness’ rules and regulations or who abuse equipment in any fashion will be asked to leave. Challenge Yourself Fitness has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to Challenge Yourself Fitness property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. Challenge Yourself Fitness reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Challenge Yourself Fitness.


PHOTO/VIDEO RELEASE:

You hereby grant Challenge Yourself Fitness, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Challenge Yourself Fitness and to use and publish these photos or videos in print and/or electronically. You agree that Challenge Yourself Fitness may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.

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