WAIVER OF CLAIMS AND LIABILITY
IT IS AGREED THAT ALL USE OF THE GYM WILL BE UNDERTAKEN BY MEMBER AT HIS OR HER OWN RISK. MEMBER FULLY UNDERSTANDS AND ACKNOWLEDGES THAT PARTICIPATION IN THE ACTIVITIES AND USE OF THE EQUIPMENT AND THE FACILITY (A) INVOLVE INHERENT RISK, DANGERS, AND HAZARD; AND (B) MAY RESULT IN INJURY OR ILLNESS INCLUDING, BUT NOT LIMITED TO BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL AND/OR TOTAL PARALYSIS, DEATH OR OR OTHER AILMENTS THAT, COULD CAUSE SERIOUS DISABILITY. MEMBER FURTHER FULLY UNDERSTANDS AND ACKNOWLEDGES THAT THE RISKS AND DANGERS INVOLVED IN PARTICIPATION IN THE ACTIVITIES AND/OR USE OF THE EQUIPMENT MAY BE CAUSED BY THE NEGLIGENCE OF THE REPRESENTATIVES, EMPLOYEES, OTHER MEMBERS, CONTRACTED LABOR OR VOLUNTEERS OF THE GYM, THE NEGLIGENCE OF THE PARTICIPANTS, THE NEGLIGENCE OF OTHERS, ACCIDENTS, BREACHES, OF CONTRACT, OR OTHER CAUSES. BY HIS OR HER EXECUTION HEREOF AND PARTICIPATION IN THESE ACTIVITIES AND USE OF EQUIPMENT AND THE FACILITY, MEMBER HEREBY ASSUMES ALL RISKS AND DANGERS AND ALL RESPONSIBILITY FOR ANY LOSSES AND/OR DAMAGES, INCLUDING WITHOUT LIMITATION THE INJURY OR DEATH OF THE MEMBER, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE GYM OR THE CONDUCT OF THE REPRESENTATIVES, EMPLOYEES, OTHER MEMBERS, CONTRACTED LABOR OR VOLUNTEERS OF THE GYM, OR BY ANY OTHER PERSON.
MEMBER, ON BEHALF OF HIMSELF OR HERSELF, HIS OR HER PERSONAL REPRESENTATIVES AND HIS OR HER HEIRS, HEREBY VOLUNTARILY AGREES TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND, AND INDEMNIFY THE GYM AND ITS REPRESENTATIVES, EMPLOYEES, VOLUNTEERS, MEMBERS, OR CONTRACTED LABOR FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES OF BODILY INJURY, LOSS OF PREGNANCY, PROPERTY DAMAGE, LOSS OR THEFT, WRONGFUL DEATH, LOSS OF SERVICES OR OTHERWISE WHICH MAY ARISE OUT OF MEMBER'S BREACH OF THIS AGREEMENT, USE OF ANY EQUIPMENT, PARTICIPATION IN THE ACTIVITIES OR USE OF THE FACILITY. MEMBER HEREBY FULLY AND FOREVER RELEASES, DISCHARGES, AND INDEMNIFIES THE GYM, ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES OR CONTRACTED LABOR, REPRESENTATIVES, VOLUNTEERS, OTHER MEMBERS, AND AGENTS (THE "GYM PARTIES") FROM ANY AND ALL CLAIMS, ACTIONS, DEMANDS, DAMAGES, RIGHTS OF ACTION, OR CAUSES OF ACTION, THAT MEMBER MAY HAVE PRESENTLY OR IN THE FUTURE, WHETHER THEY BE KNOWN OR UNKNOWN, ANTICIPATED, OR UNANTICIPATED, RESULTING FROM OR ARISING OUT OF MEMBER'S MEMBERSHIP WITH THE GYM, INCLUDING MEMBER'S USE OR INTENDED USE OF THE GYM, PARTICIPATION IN THE ACTIVITIES, AND USE OF THE EQUIPMENT AND FACILITY INCLUDING FOR THE NEGLIGENT ACTS OR OTHER CONDUCT BY THE GYM PARTIES.
Spa Registration # 20100150
In no event shall Member's verbal termination, notice or expression of intent to The Gym or any employee, contractor or other representative of The Gym regarding termination constitute notice of termination or effective termination of this Agreement. Further, failure by Member to utilize the Activities, Equipment, or Facility, or any other services or amenities offered by The Gym shall not relieve Member of liability for payment hereunder or constitute notice of termination or termination hereof. A Member that shall receive a term membership hereunder ("A Term Member") shall not be eligible to terminate the Agreement other than as expressly provided herein with respect to Term Members. If Member shall have a month-to-month membership hereunder (a "Month-to-Month Member"), such Member may terminate this Agreement only by delivering to the Gym by hand delivery, certified mail, or electronic mail (to an authorized representative of The Gym's electronic mail address) with a return or read receipt requested, a written document, terminating the Agreement (the "Termination Document"), which such document may consist of a form, approved by The Gym for the purpose of terminating the Agreement or, written document expressly stating Member's intent to terminate the Agreement. If Member does not deliver the Termination Document to The Gym in accordance herewith, this Agreement shall continue in full force and effect, Member shall continue to be charged for Dues hereunder, and Dues shall be withdrawn from Member's credit card or bank account. The Gym may terminate Member's membership and this Agreement immediately upon notice to Member, and Member shall not be charged Dues past the effective date of such termination by The Gym.
______ Member's Initials.
Notwithstanding the foregoing, IF A MEMBER DIES OR BECOMES TOTALLY AND PERMANENTLY DISABLED AFTER THIS AGREEMENT TAKES EFFECT, SUCH MEMBER OR SUCH MEMBER'S AUTHORIZED REPRESENTATIVE OR THE REPRESENTATIVE OF SUCH MEMBER'S ESTATE MAY TERMINATE THIS AGREEMENT AND RECEIVE A PARTIAL REFUND OF THE UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE GYM STATING DESIRE TO CANCEL THIS AGREEMENT. THE GYM MAY REQUIRE PROOF OF DISABILITY OR DEATH OF EVIDENCE OF THE AUTHORITY OF THE PERSON DELIVERING THE TERMINATION OF THE PERSON DELIVERING THE TERMINATION DOCUMENT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE "NOTICE" ADDRESS DEFINED BELOW:
Terms and Conditions
THE UNDERSIGNED PRIMARY MEMBER AND ANY ADDITIONAL MEMBERS (COLLECTIVELY, THE "MEMBER") HEREBY APPLY FOR A GYM MEMBERSHIP AT QUALITY LIFE FITNESS LLC (HEREAFTER REFERRED TO AS THE "GYM") AND, IF ACCEPTED, AGREES TO THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WAIVER AND RELEASE OF LIABILITY SET FORTH BELOW:
Subject to the terms and conditions of this Agreement, The Gym agrees to provide Member with a membership to The Gym, including (a) access to the recreational and fitness activities generally made available by The Gym and The Gym's employees and contractors to The Gym's members (the "Activities"), (b) use of the equipment generally made available by The Gym to its members (the "Equipment"), and (c) access to the facility generally made available by The Gym to its members (the "Facility") during The Gym's normal business hours.