In consideration of being allowed to participate in a fitness assessment/personal fitness program/gym tour/day pass/ provided by Jack City Fitness/Flexx Investments/Sport Specific Training Equipment, LLC, and its owners or employees (“Trainer”), and to use its buildings, facilities, equipment and services, in addition to the payment of any fee or charge, I do hereby forever waive, release and discharge Owners and or Trainer and its agents, employees, representatives, executors and all others acting on its behalf from any and all claims or liabilities for injuries or damages to my person and/or property, including those caused by the negligent act or omission (including gross negligence and intentional or reckless conduct), of any of those mentioned or others acting on its behalf, arising out of or connected with my participation in any activities, programs or services of Trainer or the use of any equipment provided and/or recommended by Trainer. I further agree and consent not to sue Trainer or otherwise attempt to hold it liable for any such claims.

THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF: (1) EQUIPMENT BELONGING TO TRAINER OR TO MYSELF THAT MAY MALFUNCTION OR BREAK; (2) ANY SLIP, FALL, DROPPING OF EQUIPMENT; (3) AND/OR NEGLIGENT INSTRUCTION OR SUPERVISION.

I have been informed of, understand and am aware that any exercise program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity. I also have been informed of, understand and am aware that any exercise and/or fitness activities involve a risk of injury, as well as abnormal changes in blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability or death, and that I am voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury, regardless of severity, or death.

I have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program or initiating a substantial change in the amount of regular physical activity performed. If I have chosen not to obtain a physician’s consent prior to beginning this fitness program with Trainer, I hereby agree that I am doing so solely at my own risk. In any event, I acknowledge and agree that I assume the risks associated with any and all fitness related activities and/or exercises in which I participate.

I understand that all information and services provided by Trainer is of a general nature and is provided for educational purposes only. None of the information or services provided by Trainer is to be taken as medical or other health advice pertaining to any specific health or medical condition that I may have or have had. The information and services provided by Trainer is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding my health and is not intended to provide specific medical advice.

I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS FORM IN ITS ENTIRETY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. BY SIGNING THIS DOCUMENT, I AM WAIVING ANY RIGHT I OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST TRAINER FOR TRAINER’S NEGLIGENCE OR THAT OF ITS EMPLOYEES, AGENTS, OR CONTRACTORS.

If I do become a Partner/client/participant/volunteer/employee/intern of Jack City Fitness, and I engage in Credit Card payments via monthly or weekly, I agree to having the credit card stored on file with MindBody Online. When agreeing to payments, I will not dispute these charges, as verbally agreed to before starting payment. All sales are final, refunds and returns are not available, but account credits and transfers are available.  Written notice of cancellations or alteration of these yearly, monthly or weekly payments via the Credit Card saved on MindBody, are required 7 business days identity verification survey completion prior to said change date.

By signing this document for Day Pass Policy for utilization of Jack City Fitness Facility/Services in any way, shape, or form, 24 hours proceeding, automatically constitutes acceptance of a maximum $100 day pass fee if online review is not left on Google or Yelp.

By signing this document for utilization of Jack City Fitness Facility/Services in any way, shape, or form, you agree and understand that 24 hours’ notice is required to prevent late cancellation fees on all sessions, classes, or appointments, the late cancellation fee is equal to the current cash retail value of specific service.  Signing this document automatically constitutes acceptance of a maximum $100 fee if any late cancellation appointment occurs.

Failure of monthly payment results in termination of services and forfeits grandfathered pricing after 30 days of the first transaction attempt.  

This form is an important legal document that explains the risks you are assuming by beginning an exercise program and doing business with Jack City Fitness. It is critical that you have read and understand this document completely.  If you do not understand any part of this document, it is your ultimate responsibility to ask for clarification prior to signing it.

I understand that an electronic copy of this agreement is my responsibility to request at the time of signing. I have intent to sign this document electronically, and fully understand that my electronic signature expresses an agreement to consent with all of the above statements. I have the right to opt-out of signing this document if I wish to sign a paper copy of the above.