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WAIVER AND RELEASE OF LIABILITY

IN CONSIDERATION OF the risk of injury that exists while participation in FITNESS CENTER ACTIVITIES (hereinafter the “Activity”); and

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

I , {name}, hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor”, “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into the WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or cause of action of any kind arising out of my participation in the Activity; and

I HEREBY release and forever discharge Next Level Fitness - Westerville {Address}, their affiliates, manager, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively “Releasees”). From any physical or psychological injury that I may suffer as a direct result of my participation in the Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THE IS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY. 

I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Next Level Fitness - Westerville to provide all emergency medical care deemed necessary, including but not limited to , first aid, CPR, the use of AED’s, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of Next Level Fitness - Westerville's official or agent, regarding my approval to participate in the Activity.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THESE “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Next Level Fitness - Westerville AND ALL OF ITS AFFILIATES, MANAGER, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSE OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Next Level Fitness - Westerville FOR PERSONAL INJURY OR PROPERTY DAMAGE. 

To the extent that statue or case law does not prohibit release for ordinary negligence, this release is also for such negligence on the part of {DBA}, its agents, and employees.

I agree that this Release shall be governed for all purposes by {State} law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.

In the event that any damage to equipment or facilities occurs as a result of my or my family’s or my agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions or neglect or recklessness.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

THIS AGREEMENT was entered into at arms-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, {name} and Next Level Fitness - Westerville agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

In the event of an emergency, please contact the following person(s) in the order presented

{contact_name}

{contact_phone}

{contact_relation}

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL. 

Participant’s Name: {name}

Participant’s Address: {address}

PARENT / GUARDIAN WAIVER FOR MINORS

In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent/guardian, as follows:

I HEREBY CERTIFY that I am the parent or guardian of , named above, and do hereby give my consent without reservation to the foregoing on behalf of this individual.

Parent / Guardian Name:     

Relationship to Minor           

Date:                                    

I understand I must wipe off equipment after use, and re-rack weights and other equipment when I am finished. I understand there is to be NO yelling, slamming or of weights or other loud noises.

I  understand that I must scan in with my key tag each time I enter the club.  All members who need a new key tag will be charged $5.00.  KIDS CLUB is $20.00 per child per month + tax

Next Level Fitness offers a free 3-day guest pass for first time guests.  After expiration, I understand it is $10.00 per day, per guest. I understand it is a $15 drop-in rate per group fitness class with a Blue card membership.  Platinum Card, Platinum Plus 1, and Family memberships holders receive unlimited to all group fitness classes and discount rates on specialty classes.  I understand that there is a no bags allowed policy on the gym floor.  In an effort to enhance public safety, and to prevent damages or theft to equipment each member and guest can utilize the locker room facility for all there personal belongings   We do not offer unlimited guest passes on any membership.

I understand that my monthly dues will be billed electronically through a checking, savings or a major credit card the first of each month. If I wish to cancel.  I understand that cancellations can only be presented to Management for processing the first seven days of each month.  I understand it will take 30 DAYS to stop my membership.  In addition, I must come in and complete the cancellation form.  THERE WILL BE A  $50.00 CANCELATION FEE IF I CANCEL WITHIN THE FIRST 6 MONTHS, and any remaining balance due on my account will be due immediately.  Accounts are processed through our service provider of choice.  I understand that when removing someone from my account at any time, the annual maintenance fee becomes due immediately.

I understand a $5.00 fee will be added for all monthly payments that get returned.  These charges may be changed at the discretion of Next Level Fitness and to the extent permissible by law.  All contract agreements require a minimum of a three – month commitment and will automatically renew for a remaining three months at the ninety day period of the agreement for the equivalent amount and time agreed originally if written notice is not presented for cancellation five days prior to the automatic renew of the account.  If I wish at any time to add someone to my account there will be a $20.00 enrollment fee for each addition person added to my account. I understand that my account can only be frozen under the following circumstances, military duty, or a health condition which will require written documentation presented to Next Level Fitness from the appropriate professional party, and it will take thirty days to become effective.  Memberships that meet the frozen approval process will only remain in that processing account stage for a maximum of three months, and then will be billed as originally agreed.

In consideration of the risk of injury while participating in fitness center activities, and as consideration for the right to participate in the activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby release and forever discharge Next Level Fitness, their affiliates, managers, members, agents, staff, volunteers, heirs and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of fitness center activities.

I understand that all policies above are Next Level Fitness & Training policies, and are subject to change according to the discretion of Next Level Fitness & Training any verbal agreements are null and void. 

I understand I will be billed an annual maintenance fee of $34.99 per person, per year for all members that I am financially responsible for their dues within my agreement.  This annual fee will be billed on September 1st and annually after that to the account information I have supplied for my monthly fees.  The annual fee will be billed whether my account is active, cancelled, or frozen within the first year of my membership agreement, and will continue annually as agreed, and will only become inactive after the cancellation of my monthly membership account is current, following the current annual maintenance fee obligation being fulfilled as stated within the body of this agreement.