WAIVER OF CLAIMS AND LIABILITY
×
I understand and agree that Yes Fitness is not responsible to any person for injury (or loss of property) while that person is practicing, taking class, competing, participating in open gym, or in any other way involved in any activities while on the premises for any reason whatsoever, including ordinary negligence on the part of Yes Fitness its owners, board of directors, officers, agents, employees, or trainers (collectively referred to as the “Yes Fitness” hereafter). I understand and agree that Yes Fitness may use all available means to enforce this policy, including electronic surveillance.
I have consulted my physician before starting to use the facilities of Yes Fitness and I agree to maintain regular consultations with a physician. I understand and agree that Yes Fitness bears no responsibility whatsoever for my physical health.
In consideration for my access to Yes Fitness facilities, I hereby agree not to sue, and release My Fitness Empire from any and all past, present, or future claims resulting from accidents, acts of God, errors, omissions, or ordinary negligence on the part of Yes Fitness for property damage, personal injury, or wrongful death arising out of my engaging in, or receiving instruction in weight lifting, weight-training, exercise routines, or any other activities related to the use of Yes Fitness facilities, or training by any person, regardless of whether that person is or is not working on behalf of Yes Fitness and regardless of wherever, whenever, or however such a claim may arise. I voluntarily waive any and all claims under this agreement that may be made by me, my family, estate, heirs or assigns.
I understand and agree that this waiver, and covenant-not-to-sue, are intended to be as broad and as inclusive as permitted by the laws of the State of Texas and I agree that if any portion is held invalid, the remainder of the waiver, and covenant-not-to-sue will continue in full legal force and effect. I further agree that the jurisdiction and venue for any legal proceedings arising out of this agreement will be within the State of Texas.
HOW TO CANCEL YOUR MONTHLY DUES MEMBERSHIP: You may cancel your membership (and thereby the continued billing of the monthly dues through EFT/CC) by providing written notice of your request at least thirty (30) days prior to your billing date. If the notice is received within the first 12 months, there will be a $50 cancellation fee. Send the written notice, by email, to yesfitnessthewoodlands@gmail.com. If the notice is dated at least 30 days prior to your next billing date, no further billing will occur. If the notice is dated less than thirty (30) days prior to your next billing date one more billing will occur. In either case, the last month’s prepaid dues will extend your membership expiration by an additional 30 days or more, depending on your original sign up date.
EFT/CC REQUEST: to the extent permitted by law, you hereby authorize us to initiate separate EFT/CC charges from the account identified above and/or any replacement or substitute account (the “Account”) for the following amounts: (1) the Balance Due shown above, if not otherwise paid within 30 days after the date of this Agreement; (2) your monthly dues, prior to cancellation or freeze, if you are a monthly dues member, (3) any one-time or monthly fees we charge if you request a freeze of your Membership (currently ranging from $5-$20 per month, or a one-time fee ranging from $15-$100 depending on length, but subject to change); (4) your monthly dues, or a pro-rated portion thereof on reactivation of your membership following any freeze; (5) a $30 return fee for any EFT/CC charge that is returned unpaid; (6) a yearly maintenance fee of $65 per member due each September; and (7) any other fee for services we provide you from time to time that you authorize but do not otherwise pay.
