SUFFIELD FITNESS FACTORY / LAND WARRIOR LLCWaiver, Release of Liability and Indemnification
I am aware that there are significant risks involved with all aspects of physical training, including but not limited to improper use or failure of equipment and falls, which can result in serious injury or death. I am aware that these risks, or any risks not specifically enumerated here, may result in serious injury or death to me and or others. Injury may also result simply from the fact of physical by itself By its nature physical training seeks to have me push beyond my limits in order to produce a physical adaptation by my body. This requires feedback from me and my trainer regarding what is happening with my body. In some cases an excessive workout can result in rhabdomyolysis. I should look for signs of excessive exercise soreness, darkened urine and pain in the kidney areas in the days following particularly with an intensive workout. While this type of injury is relatively rare, it can occur due to a number of factors, including, but not limited to genetic predisposition or dehydration, that may be beyond the control of my trainer. I will willingly assume full responsibility for any injury or death that may result from my participation in any activity or class while at Suffield Fitness Factory / Land Warrior LLC, hereafter referred to as SFF or other locations. I, the undersigned acknowledge that I have no physical impairments that will endanger me or others.
With a complete understanding of all the risks and hazards I may be exposed to and recognizing that my participation in the activities of SFF are completely voluntary. I hereby release SFF, their principles, members, directors, agents, employees and volunteers from any and all liability, claims, demands, actions and right of action, which are related to, arise out of, or are in any way connected with my participation in activities at SFF, including those allegedly attributed to the negligent acts of omissions of the above mentioned parties or others.
This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, the remainder of the agreement shall remain in full force and effect. I recognize that there are risks involved with the types of activities offered.
I recognize that there are risks involved with the types of activities offered by SFF. Therefore, I except financial responsibility for any injury that I may cause to myself or others while participating in activities offered by SFF. Should SFF, their principles, directors, agents, employees, or volunteers, or anyone acting on their behalf, be required to incur attorney fees and costs to enforce this agreement, I will reimburse them for such costs and fees. I agree to indemnify and hold harmless Land Warrior CrossFit, their principles, members, directors, agents, employees and volunteers from liability for the life or death of a person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by SFF.
Unattended Access - I recognize that I may be attending the facility and using the facility's equipment at times when the facility is unattended by facility staff or other members. I assume the risk of injury due to equipment failure, improper form, conduct of others using the facility or other causes related to lack of supervision and waive any claim arising out of the facility being unsupervised or unattended. In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in self-administered activities using the equipment or facilities, and with my full understanding of all of the above, I hereby waive, release, remise and discharge SFF and its successors, members, managers, agents, officers, and employees of any and all liability, claims, demands, action or rights of actions or damages of any kind related to, arising from, or in any way connected with, my partcipation in physical training or my use for the equipment or facilities.
I also give full permission for any person connected with SFF to administer any First Aid deemed necessary and in case of serious injury or illness, I give permission for emergency medical to be called and provided.
I authorize SFF to take pictures and/or videos of me and use them on their website, social media site or other promotional materials. %%INITIAL%%ALL MEMBERSHIP PLAN RENEWALS, CHANGES, CANCELLATIONS AND HOLDS:
All Membership plans are paid by monthly automatic electronic payment (credit card, debit card, or automatic checking account draft). Monthly memberships will automatically renew each month at the same payment terms and billing date established at time of enrollment. All prepaid plans (6 and 12 month) are paid upfront and will automatically renew upon expiration at the same rate and terms as the initial membership. Any changes to plan, or cancellation must be received 30 days in advance of next billing cycle or plan expiration date. It is the athlete’s responsibility to monitor membership expiration and renewal dates.
SFF will not provide refunds retroactively for any cancellation requests. Membership cancellations/holds are only processed by sending written notification via email to firstname.lastname@example.org
. Please do not send cancellation messages to our Facebook page or other social media sites. SFF does not issue refunds if you do not use your membership, nor can you carry over sessions to the next month if you missed a class. No exceptions.
Month-to-Month plans and memberships can be canceled at any time, however all cancellation requests must be submitted via email (email@example.com
) and received thirty (30) days prior to your credit/debit card processing date. All plans and monthly memberships require a minimum of 30 days written notice prior to next billing date to assure cancellation of automatic payments. Cancellation requests submitted within the 30 day billing cycle will result in a final payment drawn from your account on your established auto draft date. Once final payment has been drawn from your account, athletes will have 30 days from the last bill date to use the facilities. It is your responsibility to provide written notice 30 days in advance of your next billing date. There will be no refund issued once a payment has been charged to your credit card. All monthly recurring term plans of 6 months and 12 months require 30 days written notification prior to your next bill date no refunds will be provided for prepaid memberships.
MEMBERSHIP UPGRADES AND DOWNGRADES:
All athletes are welcome to upgrade or downgrade their membership plans or packages without penalty by emailing us at firstname.lastname@example.org. Memberships can be upgraded at the start of the next billing cycle. At the start of the next monthly billing cycle they will be charged at their new membership rate. If an athlete wishes to downgrade their membership to a lower session based plan they must wait until their next monthly bill date for the new plan to be effective. Please note, changes cannot be made retroactively.
Athletes may put their membership on hold, for a period no less than fifteen (15) days, and for up to ninety (90) days (three calendar months) per calendar year. Notice of freeze must be given to SFF via email (email@example.com
) at least thirty (30) days prior to the first day of the requested hold and will not be issued retroactively. Holds cannot be issued for personal travel under 2 weeks. All payments drawn prior to the requested hold will not be refunded. Athletes will not be billed for on hold months, and billing will resume automatically upon end of the hold period. Holds longer than ninety (90) days may be issued for members of the military on temporary duty assignment with advanced notification. If athlete chooses to cancel membership during the hold period, written notification must be issued within 30 days prior to the end of the hold period, otherwise athletes will be charged a final month of membership upon hold release. First two hold requests in a calendar year are free - thereafter, each hold request will be a $25 processing fee.
I have read and understood the foregoing, and I understand that by signing, I am obligated to indemnify the parties mentioned herein from any liability for injury or death of any person and /or damaged to property caused by me. I understand that by signing this document I am waiving valuable legal rights. My signature below is made knowingly, intelligently and voluntarily, and without duress or undue influence.