Waiver of Liability and Terms of Use
Downtown Fitness Inc.
Usage Agreement
For and in consideration of permitting the undersigned (the “User”) to use the facilities of Downtown Fitness Inc (the “Fitness Facility”) and to participate in any of the available services listed hereunder, and other activities available at or through the Fitness Facility (collectively, the “Activities”), the User agrees to be bound by the terms and conditions of this User Agreement and the attached Terms and Conditions (collectively, the “Usage Agreement”).
The Usage Agreement constitutes and contains the entire and only agreement between the parties and supersedes and cancels any and all pre-existing agreements and understandings between the parties relating to the subject matter hereof.
No representation, inducement, promise, condition, warranty or guarantee not set forth herein has been relied upon by either party.
List of available services: cardiovascular machines (treadmills, cross trainers, bikes, climbers, ellipticals, rowing machines, steppers and other equipment commonly referred to as cardiovascular equipment), circuit training, free weights, strength equipment, cable machines, locker rooms and showers, steam room, group exercise classes (when available), personal training (when available), tanning (when available), and hydromassage.
This Agreement shall remain in place until terminated either by the User or Downtown Fitness Inc.
Downtown Fitness Inc.
Waiver, Release and Indemnity Agreement
- Assumption of Risk
The undersigned (“User”) is aware that there are significant risks involved in all aspects of physical training and exercise. These risks include, but are not limited to, falls which can result in serious injury or death; injury or death due to negligence on the part of myself, the User’s training partner, or other persons around the User; injury or death due to improper use or failure of equipment; strains, sprains and broken bones. The User further acknowledges the risk of transmission of COVID-19 and other infectious diseases. The User is aware that any of these above-mentioned risks may result in serious injury or death to myself.
The User agrees to assume full responsibility for the risks that the User is exposed to and accepts full responsibility for any injury or death that may result from participation in any activity or class while at Downtown Fitness, or under the direction of officers, employees, agents, representatives, or contractors engaged by Downtown Fitness Inc.
The User acknowledges that the User has no physical impairments, injuries, or illnesses that will endanger either the User or others and that the User has not been advised by a medical practitioner not to participate in physical activity.
- Release and Indemnity
In consideration of the User voluntarily using the services offered by Downtown Fitness Inc at the Fitness Facility and/or using any amenity, exercise equipment or participating in any of the activities and classes offered by Downtown Fitness Inc. the User releases, discharges, waives and relinquishes any and all claims or causes of action for personal injury, property damage or wrongful death occurring to the User arising as a result of engaging or receiving instruction in the Activities (as defined above) or any activities incidental thereto wherever or however the same may occur and for whatever periods said activities or instruction may continue including any activity allegedly attributed to the negligent acts or omissions of Downtown Fitness Inc., its principals, agents, employees, contractors and volunteers; and for himself/herself, his/her heirs, executors, administrators and assigns does hereby agree that under no circumstances will the User or the User’s heirs, executors, administrators and assigns prosecute or present any claim for personal injury, property damage or wrongful death against Downtown Fitness Inc. or any of its principals, agents, employees, contractors or volunteers for any of said causes of action, whatever the same shall arise by the negligence of any of said person or otherwise
It is the intention of the User by this instrument to exempt and relieve Downtown Fitness Inc. from any liability for personal injury, property damage or wrongful death caused by negligence.
The User agrees that Downtown Fitness Inc shall not be responsible for or liable to the User for articles lost or stolen in the Fitness Facility.
The User acknowledges that he/she has agreed the foregoing paragraphs, has been fully and completely advised of the potential dangers incidental to engaging in the Fitness Facility activities and is fully aware of the legal consequences of signing this instrument.
Terms and Conditions for Using the Fitness Facility or the services made available at Downtown Fitness
Users shall comply with the following General Rules. Failure to do so may result in Downtown Fitness Inc. or its representatives requesting the User to immediately leave the premises.
- Users are expected to leave the premises by no later than closing time.
- Downtown Fitness Inc. reserves the right to refuse admittance to and the use of the Fitness Facility at any time.
- No loud or abusive language is permitted.
- No alcohol, smoking or drugs are permitted on the premises.
- The sale, distribution or promotion of prescription or illegal drugs is not permitted on the premises.
- Lockers are provided for daily use. Users are urged not to bring valuables onto the premises of the Fitness Facility. Downtown Fitness Inc., its agents or employees shall not be liable for the loss, theft or damage to personal property of Users.
- No personal notices, advertising or other literature, either posted or for distribution are allowed without the express written permission of Downtown Fitness Inc.
- No Users are permitted behind the front desk.
- Users and all visitors must remove outdoor shoes before entering the exercise floor.
- Athletic shoes must be worn on the exercise floor at all times. No sandals or street shoes are permitted.
- Users must wear appropriate exercise attire and shirts/T shirts must be worn at all times in the exercise areas.
- No food or drink (other than water) is permitted in any exercise area.
- Workout bags are not permitted in the exercise area.
- Abuse of equipment will not be tolerated.
- No equipment may be removed from the Fitness Facility.
- No dropping of weights is permitted.
- Collars are required for bench presses, incline and decline presses and squats where a bar is used.
- Users must use safety belts when provided on exercise equipment.
- Spotters are required for bench presses, incline and decline press and squats.
- No excessive use of chalk is permitted. Chalk residue must be cleaned up by the User.
- Users are required to replace all free weights on appropriate racks after use.
- Free weights and weight stacks shall be lowered carefully upon completion of an exercise.
- Equipment must be wiped down after each use. Do not spray cleaner directly onto equipment screens. The cleaning solution should be sprayed onto towels.
- Downtown Fitness Inc. may require an official document from a physician issuing clearance for the User to use the Fitness Facility.
- Failure to follow these Terms and Conditions may result in immediate expulsion from the Fitness Facility at the sole discretion of Downtown Fitness Inc.
- These Terms and Conditions may be amended from time to time at the sole discretion of Downtown Fitness Inc.
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