LIABILITY WAIVER AND POLICIES AGREEMENT

In consideration of participating in health or fitness club activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence of Grand Iron Gym LLC and its owners, directors, officers employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows: 

1. I acknowledge that health or fitness club activities involve known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, musculoskeletal injuries, broken bones, and/or overuse injuries, injuries caused by equipment that breaks or otherwise fails; death as a result of drowning or brain damage caused by near drowning; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity. 

2. I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation. 

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 

4. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition. 

5. In the event that I file a lawsuit, I agree to do so solely in the state where Releasees’ facility is located, and I further agree that the substantive law of that state shall apply. 

6. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. 

By signing this document, I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence. 

I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms. 

PARENT OR GUARDIAN ADDITIONAL AGREEMENT (Must be completed for participants under the age of 18) In consideration of THE MINOR being permitted to participate in this activity, I further agree to indemnify and hold harmless Releasees from any claims alleging negligence which are brought by or on behalf of minor or are in any way connected with such participation by minor. 

Rules and Policies

·       To use the facility, individuals must be an active member or purchase a guest pass and have a signed liability waiver on file with Grand Iron Gym. 

·       Members opening the door for non-members or giving their key for someone else to use will be issued a $100 charge to their account and risk having their membership revoked. 

·       Please do not leave valuable items unattended. Grand Iron Gym is not responsible for lost or stolen items. 

·       Grand Iron Gym has open gym hours 24/7. Grand Iron Gym reserves the right to reserve areas and/or equipment at any time. A notice will be posted. 

·       Members must be 16 year of age or older. If under 18 years of age, must have a signed liability waiver by a parent or guardian. Guests must be 18 years of age or older. Guests must conform to all rules and policies. 

·       Re-rack your weights and return all accessories to their proper locations. 

·       Wipe down equipment after every use; cleaning stations are located throughout the gym. 

·       Be patient while waiting for a machine and ask to “work-in.” Allow others to “work-in.” Do not sit on the machines aimlessly. 

·       Abuse or misuse of the equipment will not be tolerated. 

·       Equipment is to remain on the premises; you may be held liable for any damage to equipment you cause or any removal of equipment from the premises. 

·       Please avoid banging weights and dropping dumbbells unnecessarily. The more respectful everyone is to the equipment the better equipment Grand Iron Gym can provide. Please inform staff of any broken or damaged equipment through a comment card or email. 

·       Ask someone if you do not know how to use the equipment. 

·       Ask someone if you need a spot. 

·       Be respectful to everyone.

·       Verbal or physical attacks will not be tolerated and will result in your membership being revoked. 

·       All members are expected to abide by the decisions of Grand Iron Gym. 

·       No outside personal trainers without Grand Iron Gym’s written approval. Personal training at Grand Iron Gym may be provided only by those individuals contracted through Grand Iron Gym. Anyone who is not and is observed or suspected of conducting outside personal training may be approached and questioned. Repeat violations may result in termination of facility privileges. 

·       The gym is open 24/7 and is not staffed. Workout and use the facility responsibly and safely. 

·       Membership dues are auto paid by the card you have on file. You will be notified prior to your next payment. If a payment fails, Grand Iron Gym reserves the right to turn off your key access immediately. 

Grand Iron Gym reserves the right to revoke/terminate facility privileges and memberships from individuals who exhibit inappropriate behaviors. Grand Iron Gym will determine what is inappropriate behavior. 

Participant Electronic Signature Authorization By applying my electronic signature to this agreement, I agree that my electronic signature is the legally binding equivalent of my handwritten signature on paper. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable. By electronically signing and submitting this agreement, I 1) acknowledge that I have read and fully understand the terms of the agreement; 2) voluntarily agree to be bound by this agreement; and 3) certify that I am 18 years of age or older. My signature applies to all pages of this contract. I understand that I will receive a Portable Document Format (PDF) version of this agreement after it is signed at the email address I have provided. To view the PDF document, I understand that I will need software that enables me to receive and access PDF files such as Adobe Reader software or other software capable of reading a PDF file. In order to print and retain a hard copy of this agreement, I understand that I will also need a printer connected to my computer. I understand that if I wish to sign a hard copy of this agreement instead of an electronic version, I must contact the party that requires my signature on this agreement directly.