Membership Agreement, Release of Liability,
Waiver of Claims, Assumption of Risks,
and Indemnity Agreement

Please read carefully before signing. This is a release of liability and waiver of certain legal rights, including the right to sue or seek compensation.

1. Introduction and Scope

This Membership Agreement (“Agreement”) is entered into between Stamina Fitness Training (“Stamina”) and the individual named below (“Member”). By enrolling in a Stamina membership and participating in any class, session, or activity offered by Stamina, whether in person or via Zoom or recorded video (collectively, “Activities”), the Member agrees to be bound by all terms and conditions of this Agreement.

This Agreement applies each and every time the Member participates in any Activity with Stamina, regardless of the date or format of that Activity.

2. Medical Clearance and Assumption of Risk

Stamina strongly recommends that all Members consult with a licensed medical provider before participating in any Activity. Physical exercise involves inherent risks, including the risk of serious injury, illness, or death. By participating, the Member voluntarily assumes all such risks.

Nothing communicated by Stamina, its staff, or through its videos, classes, or materials constitutes medical or health advice. Members are solely responsible for determining whether an Activity is appropriate for their individual health and fitness level. Members are advised to listen to their bodies and to stop and seek medical attention if any pain, discomfort, or concerning symptom arises.

3. Release of Liability and Waiver of Claims

To the fullest extent permitted by California law, the Member hereby releases, waives, and forever discharges Stamina Fitness Training, and its owners, partners, trainers, employees, agents, and volunteers (collectively, “Released Parties”) from any and all claims, actions, causes of action, demands, damages, costs, expenses, and liabilities of any nature whatsoever, whether known or unknown, arising out of or in connection with the Member’s participation in any Activity.

This release includes, but is not limited to, claims for bodily injury, illness, death, property damage, or any other loss, whether caused by the negligence of the Released Parties or otherwise. The Member acknowledges that this waiver extends to the Member’s heirs, executors, administrators, and personal representatives.

The Member further agrees to indemnify and hold harmless the Released Parties from any claim, demand, or expense, including reasonable attorney’s fees, brought by or on behalf of the Member arising out of participation in any Activity.

4. Membership and Billing

4.1 Monthly Billing.

Memberships are billed monthly in advance, beginning on the calendar date the membership is activated. Subsequent payments are due on the first day of each calendar month and are collected automatically via credit card, debit card, or ACH bank draft.

4.2 Declined Payments.

If a payment is declined, the Member’s account will be immediately suspended until payment information is updated and all outstanding amounts are paid in full.

4.3 Membership Hold (Freeze).

Members on a monthly unlimited membership may place their account on hold in one-month increments, for up to three (3) consecutive calendar months. Written notice must be submitted to Stamina by email at scottstaminafitness@gmail.com no fewer than thirty (30) days before the requested freeze start date. The notice must specify both the freeze start date and the reactivation date. Members who provide insufficient notice cannot be guaranteed a timely hold on billing. No membership dues will be charged during an approved freeze period. Billing resumes automatically on the reactivation date.

4.4 Cancellation.

The Member may cancel this Agreement at any time by providing written notice to Stamina via email at scottstaminafitness@gmail.com no fewer than thirty (30) days before the next scheduled billing date. Cancellations received with less than thirty (30) days’ notice will result in a charge for the full amount of the next billing cycle, with the cancellation taking effect the following month. If any amounts remain outstanding at the time of the cancellation request, those amounts must be paid in full before the Agreement is considered cancelled. Stamina reserves the right to pursue all available remedies to recover unpaid amounts.

4.5 Cancellation Due to Death or Disability.

This Agreement may be cancelled without penalty upon written notice in the event of the Member’s death or a medically documented disability that prevents the Member from participating in Stamina’s Activities. In such cases, the Member or the Member’s estate will not be liable for any charges beyond services already received or committed to prior to the qualifying event. A signed physician’s note describing the nature and expected duration of the disability is required.

5. Refund Policy

All membership dues are non-refundable, except as required by applicable California law or as expressly stated in this Agreement. Stamina does not offer pro-rated refunds for partial months, missed classes, or voluntary non-attendance. Members who have placed their account on hold in accordance with Section 4.3 will not be charged during the approved freeze period.

6. Class Conduct and Etiquette

Stamina is committed to providing a safe, welcoming, and inclusive environment for all Members. As a condition of membership, the Member agrees to the following standards of conduct:

6.1 Treat all participants, trainers, and staff with courtesy and respect at all times.

6.2 Follow all instructions given by Stamina’s trainers and staff during classes and sessions.

6.3 Arrive ready to participate and inform the trainer of any injuries, limitations, or health concerns before the session begins.

6.4 Use equipment and facilities responsibly and return all equipment to its designated location after use.

6.5 Refrain from behaviour that disrupts the class experience of other Members, including excessive noise, use of personal devices during class, or conduct that is abusive, discriminatory, or threatening in any form.

6.6 Stamina reserves the right to suspend or terminate the membership of any Member who violates these conduct standards, without refund.

7. Late Arrival and Early Departure

Members are encouraged to arrive on time for all scheduled classes. Late arrivals may be admitted at the trainer’s discretion, provided it can be done without disrupting the class or compromising the safety of the arriving Member. Members who need to leave before the end of a class should inform the trainer in advance. Early departure from a class involving warm-up or cool-down phases is strongly discouraged for safety reasons.

8. Health Screening and Illness Policy

Members must not attend in-person sessions if they are experiencing symptoms of a communicable illness, including but not limited to fever, persistent cough, vomiting, or diarrhea. Members who arrive showing signs of illness may be asked to leave for the safety of the group. Stamina reserves the right to update its health and safety protocols at any time and Members agree to comply with any such requirements in effect at the time of attendance.

9. Outdoor Sessions and Weather Policy

Stamina’s group fitness classes are held outdoors. Outdoor exercise involves exposure to variable weather and environmental conditions, including but not limited to heat, cold, rain, wind, uneven terrain, and air quality variations. The Member assumes all risks associated with outdoor participation.

Stamina will monitor weather and environmental conditions and reserves the right to modify, relocate, or cancel any session in the interest of participant safety. Where reasonably practicable, Members will be notified of cancellations or changes via email or the platform used for class communication. No refunds or credits will be issued for sessions cancelled due to weather or other conditions outside Stamina’s control, unless a make-up session or alternative is offered at Stamina’s discretion.

10. Photo and Video Consent

From time to time, Stamina may photograph or video record classes and sessions for use in marketing, social media, promotional materials, or educational purposes. By signing this Agreement, the Member grants Stamina a non-exclusive, royalty-free, perpetual licence to use the Member’s likeness, image, and voice as captured during Activities for such purposes, without compensation.

Members who do not wish to be photographed or recorded must notify Stamina in writing at scottstaminafitness@gmail.com prior to attending a session. Stamina will make reasonable efforts to accommodate this request; however, it cannot guarantee that the Member will not incidentally appear in group footage.

Members are not permitted to record other participants without their express consent. Recording of Stamina’s classes for redistribution or commercial use without prior written permission from Stamina is strictly prohibited.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any dispute arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Marin County, California.

12. Business Information

Registered Business Address:

Stamina Fitness Training
P.O. Box 2944
San Anselmo, CA 94960

San Anselmo Business License No.: 12392

Contact Email: scottstaminafitness@gmail.com

By signing below, the Member confirms they have read, understood, and agree to all terms of this Agreement, including the release of liability and waiver of the right to sue or claim compensation.

I affirm that I am at least 18 years of age, or, if under 18 years of age, my parent or legal guardian has reviewed and signed this Agreement on my behalf.

For Minors:

Leave this empty:

Your legal name

Your email address

Timestamp

Audit

June 29, 2026 5:15 am UTC

Membership Agreement Uploaded by Scott Fay – scottstaminafitness@gmail.com IP 69.181.197.152

Membership Agreement, Release of Liability,Waiver of Claims, Assumption of Risks,and Indemnity Agreement