Fitness Park will provide a fully equipped exercise facility including a fitness training area with stationary bicycles, elliptical, treadmills, circuit training equipment, and free weight training area. Fitness Park and facilities may be unavailable during a period of repair and maintenance or special events, programs or private parties, or by the Management’s schedule for these events. In order to keep the facility in the best possible condition, a portion of Fitness Park may be closed for a temporary time period for repairs and renovations.
2. MEMBER’S HEALTH WARRANTY.
The member warrants and represents that he/she or any family member or guest entitled to use the facilities of Fitness Park under the terms of membership, has no disability, impairment, or ailment preventing him/her from engaging in active or passive exercise, or that will be detrimental or adverse to her/his health, safety, or physical condition if he/she does so engage or participate. The Member acknowledges and agrees that: 1) Fitness Park will rely on the foregoing warranty in issuing the Membership; 2) Fitness Park shall have no obligation to perform a fitness assessment or similar testing to determine the Member’s physical condition; 3) if any fitness assessment or similar testing is performed by Fitness Park, it is solely for the purpose of providing comparative data with which the Member can track progress in a program and is not for diagnostic purposes. 4) Fitness Park shall not be subject to any claim, demand, or injury whatsoever on account of the Fitness Park’s evaluation or interpretation of such fitness assessment or similar testing. 5) Fitness Park shall not be liable for any injury arising out of the member’s disability impairment or ailment preventing him/her from engaging in active or passive exercise, which would be detrimental or adverse to such person’s health, safety or physical condition if he/she does so engage or participate.
Each member and guest should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears to be developing.
3. LIABILITY AND WAIVER OF LIABILITY.
Each member of Fitness Park shall be liable for any property damage and/or personal injury (caused by the Member, Member’s Family, Guest or any other person) at Fitness Park or any activity or function operated, arranged or sponsored by Fitness Park. It shall be the obligation of the member to pay for any costs involved upon the presentation of a statement thereof. Any and all use of the Fitness Park Facilities, or participation in, Fitness Park, activities operated, arranged or sponsored by Fitness Park either on or off of the Fitness Park’s premises by the Member, Member’s Family or Guest(s) shall be AT SUCH PERSON’S OWN RISK, and the Fitness Park shall not be liable for any injuries or damages to such person, his/her property, or be subject to any claim, demand, injury or damages. The Member individually, and on behalf of the Member’s personal representative, heirs, administrators, assigns and successors do hereby expressly release and discharge the Fitness Park, its successors and assigns, as well as its officers, agents, and employees from any claims, demands, actions, or causes of action.
4. SUSPENSION/TERMINATION OF MEMBERSHIP BY MANAGEMENT.
Management has the right to suspend and/or terminate any membership for non-payment of dues, fees, Fitness Park Property dues, or for behavior inimical to the enjoyment of the Fitness Park by other members and staff for any reason deemed sufficient in the sole discretion of the Management.
5. AGREEMENT AND RELEASE OF LIABILITY.
Fitness Park will provide access to the building using a barcode system. I acknowledge the supervision is not always provided at the facility. I acknowledge that the use of the barcode system by someone other than myself will result in loss of membership.
6. ENTIRE AGREEMENT.
This agreement and Bylaws constitute the entire and exclusive membership agreement between the parties. Any promise, representation, understanding, oral or written, pertaining directly or indirectly to the agreement which is not continued herein, are hereby waived.