PROVISIONS. Uptown Athletic (UA) will provide a fully equipped exercise facility including a fitness training area with studio fitness and a wide range of cardio machines and fitness equipment. UA services and 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 events. In order to keep the facility in the best possible condition a portion of the UA facility (or services) may be closed for a temporary time period for repairs and renovations. There will be no adjustment in dues for this period of closure
MEMBER’S HEALTH WARRANTY. The member warrants and represents that the member 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) the UA will rely on the foregoing warranty in issuing the Membership; 2) the UAC 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 UA 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) The UA shall not be subject to any claim, demand, or injury whatsoever on account of the UA evaluation or interpretation of such fitness assessment or similar testing. 5) The UA 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.
LIABILITY AND WAIVER OF LIABILITY. Each member of the UA shall be liable for any property damage and/or personal injury (caused by the Member, Member’s Family, Guest or any other person) at the UA property and/or any activity or function operated, arranged or sponsored by the UA. 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 the UA Facilities, or participation in activities operated, arranged or sponsored by the UA either on or off of the UA's premises by the Member shall be AT SUCH PERSON’S OWN RISK, and the UA 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 here by expressly forever release and discharge the UA, its successors and assigns, as well as its officers, agents and employees from all such claims, demands, actions, or causes of action.
GROUP FITNESS PROGRAM PARTICIPATION (INCLUDING: CLASSES & EVENTS HELD OUTSIDE OF THE UA FACILITY, SPECIAL WORKSHOPS, UPTOWN KIDS, AND ANY AND ALL OTHER REGULAR OR IRREGULAR UPTOWN ACTIVITIES)
I agree that the following waiver applies to myself <CLIENT NAME> and any minor children/wards whom I have applied to my profile in the UA Client Management System. I Therefore agree to the following:
I understand that participating in group exercise and instructor led programs (including those outside the UA facility) involve risk and that I am cognizant of the risks and dangers inherent in the activities I am participating in. I hereinafter state that agreeing to this waiver Release for myself and other family members, including minor children, that I understand the intent of this Release and agree to absolve and hold harmless Fit LLC and Uptown Athletic, (hereinafter referred to as “UA”) and their agents or employees connected in any way from and against any blame or liability for any death, dismemberment, disability, disappearance, illness, disease, misadventure, harm, loss, inconvenience, or damage suffered as a result of participation in scheduled activity or any activity associated with it, including any death, dismemberment, disability, disappearance, illness, disease, misadventure, harm, loss, inconvenience, or damages resulting from the negligence or fault of the Companies.
I understand and agree that this release is to be construed and interpreted as an ongoing agreement between UA and/or myself.
MEDIA WAIVER: I <CLIENT NAME> authorize Uptown Athletic to photograph me, take motion pictures of me, take video footage of me, and/or make electronic sound recordings of me (herein referred to as photographic or electronic reproductions). 2) I authorize the use of any such photographic or electronic reproductions of me for any purpose, including, but not limited to educational and other public media as may be deemed appropriate by Uptown Athletic (I understand that I may be identifiable from such photographic or electronic reproduction). I understand I may no always be given an opportunity to review or approve media prior to it's release.
In consideration of the agreement by UA to accept my participation in scheduled activities, I, individually, and as parent/guardian of any minor executing this Agreement, do release and forever discharge the UA and their owners, agents or employees connected in any way with the contracted for activity from any and all actions, claims, causes of action, expenses, damages and demands of any kind including but not limited to any claim of damages for death, dismemberment, disability, disappearance, illness, disease, misadventure, harm, loss, inconvenience, or loss of personal property now existing or which may in the future result from my or my child’s/ward’s participation in the activities including scheduled and unscheduled events. I recognize and agree that this Release covers all claims or demands against the UA and their owners, agents and employees including claims or demands based on the negligence or fault of the Companies and their owners, agents and employees.
In consideration of the agreement by UA to accept participation, I agree that I and my child/ward do expressly and voluntarily assume the risks and dangers of death, dismemberment, disability, disappearance, illness, disease, misadventure, harm, loss, inconvenience, or property damage to either of us resulting from or related to my or our participation in any of the activities, including scheduled or unscheduled events.
I represent that myself and my family (including any minor children) are in good health with no physical or mental defects that may pose a danger to the participation of myself or family in the activities contracted for including any scheduled or unscheduled events. I agree and am aware that as a condition of being allowed to participate in the activities of UA that I will not consume any alcoholic beverages or other substances including, but not limited to any drugs or medications which would impair my senses before or while participating in any outdoor recreational activities.
I understand that the risks and dangers of participation may arise from foreseeable or unforeseeable causes including but not limited to negligence of UA, negligence of the participants, negligence of others, accidents, breaches of contract, the forces of nature and other causes.
This Express Assumption of Risk and Release of Liability also acts as a Waiver for any protection that may be afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing this RELEASE of LIABILITY.
I further understand that having read and understood the above Agreement and Release of Liability that by confirming this agreement on behalf of myself and my family (including minor children) that I surrender valuable rights, and I agree not to sue in my individual capacity or in my capacity as parent/guardian and next friend, UA and their owners, employees and agents. I do agree to this release form and do so freely and voluntarily.
I further agree to obey and follow the information, instruction, and rules, including but no limited to those which are offered from the literature, owners, employees or agents of UA while participating in any activities.