In consideration of gaining membership and/or being allowed to exercise at the JM ProFitness facility - Performance Training Center -and to use its facilities, equipment and machinery, I hereby acknowledge and agree that my use of JM ProFitness' facilities, services, equipment or premises involves risks of injury to persons and property, and I assume full responsibility for such risks, including my own injury. In consideration of being permitted to enter the Performance Training Center facility for any purpose including, but not limited to observation, use of facilities, services or equipment, or participation in a class or in any other way, I agree to the following:
I hereby release and hold JM ProFitness, LLC, its directors, officers, employees and agents harmless from all liability to me and my personal representatives, assigns, heirs, and next of kin for any loss, damage or injury, and I waive any claim or demand therefore, on account of injury to me, or my property, including injury leading to my death, whether caused by the active or passive negligence of JM ProFitness or otherwise, while I am in, upon or about Performance Training Center premises or using any JM ProFitness facilities, services or equipment, whether inside the building or on the sidewalk outside. Such risk of injury includes, but is not limited to: injuries arising from my use or others use of exercise equipment and machines; injuries arising by my participation or others participation in supervised or unsupervised activities or programs at the Performance Training Center facilities or adjacent facilities; injuries and medical disorders arising from exercise such as heart attacks, strokes, heat stress, sprains, broken bones, cuts and bruises, and torn muscles and ligaments, among others; and accidental injuries occurring anywhere in the Performance Training Center facilities such as the dressing rooms, showers, workout and training rooms and other facilities.
I also agree to indemnify JM ProFitness, LLC from any loss, liability, damage or cost JM ProFitness, LLC may incur, including attorney fees, due to my presence in, upon or about the premises or in any way observing or using any facilities or equipment in the Performance Training Center premises, whether caused by my negligence or the negligence of others, including JM ProFitness employees, agents or instructors.
I represent: (a) I am in good physical condition and have no disability, illness or other condition that would prevent me from exercising without injury or impairment of health, and (b) it has been recommended that I consult a physician concerning my use of fitness facilities. I understand this Waiver and Release of Liability supplements the Waiver and Release of Liability in the Membership Agreement if I am also signing the Membership Agreement.
I further agree that the foregoing Waiver and Release of Liability is intended to be as broad and inclusive as is permitted by the laws of the State of California and that if any portion thereof is held invalid, the balance shall continue in full force and effect. I have read this Waiver and Release of Liability including Indemnity Clause, and agree that no oral representations, statements or inducement apart from the foregoing written agreement have been made. If signed by me, I agree to all of the terms in the JM ProFitness Membership Agreement.
I hereby release JM ProFitness, LLC and its agents and employees from injury, damage or death resulting from my use of the facilities at Performance Training Center whether using exercise equipment or not and I hold JM ProFitness, LLC harmless from all claims which may be brought by me or on my behalf.
THIS IS A RELEASE OF LIABILITY
Do not sign the release if you do not agree with its terms.
I HAVE CAREFULLY READ AND UNDERSTAND THIS AGREEMENT. I AM AWARE THIS IS A RELEASE OF LIABILITY AND I SIGN IT ON MY OWN FREE WILL.
Cancelling your account before the term of your contract will result in a $95 cancellation fee, to be collected at the close of your account. Cancellation fee will be waived should you be relocating more than 25 miles from the facility, provided, legitimate verification of the move is provided to our staff at the time of your cancellation request. All account cancellations require a 30 day written notice, and any dues payments or add-on payments due in that time frame will be collected. You, the buyer, are entitled to a copy of this contract at the time that you sign it.
I elect to pay my monthly installment payments by Electronic Funds Transfer (EFT). REJECTED OR LATE PAYMENT: Should you default on any payment obligation as called for in this agreement, you will be assessed a $25 returned item fee, collected when payment obligation is fulfilled. A fee will be charged for all returned payments. You agree to pay allowable interest, and all cost of collection, including, but not limited to, collection agency fees, court costs and attorney’s fees.