Stamina Fitness Training

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 & WAIVER OF CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION

 

1: I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.

2: I further acknowledge that STAMINA has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.

3: I further acknowledge that STAMINA cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, STAMINA staff, and other STAMINA clients and their families.

4: I voluntarily seek services provided by STAMINA and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my class/appointment.

I attest that:

  • I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
  • I have not traveled internationally within the last 14 days.
  • I have not traveled to a highly impacted area within the United States of America in the last 14 days.
  • I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
  • I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by state or local public health authorities.
  • I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.

 

5: Stamina Fitness Training recommends that you speak to your medical provider before participating in our Workouts, Zoom Classes or YouTube/Social Media recorded classes.  Please listen to your body and seek medical advice if you have any concerns about your individual needs.  No information in any of our videos should be taken as medical or health advice.  By performing or taking part in any of our workouts, you agree you do so at your own risk, are voluntarily participating in the activities, assume all risk of injury to yourself and you agree to release & hold harmless Stamina Fitness Training, LLC & its associates from all liability pertaining to any injuries or issues related to our workouts.

6: I understand that this Agreement will apply for each and every day Participant engages in any Activity at Stamina or online as part of our Zoom Classes or YouTube/Social Media videos.

7: This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between Stamina Fitness Training  (“STAMINA”), and you the member. STAMINA is a boutique fitness Membership offering group fitness classes. This Agreement entitles members access to participate in these classes.

8: Please review this Agreement thoroughly as it is a legal contract between STAMINA and all members. By using the services offered at STAMINA, members are agreeing to the terms of this Agreement.

9: Monthly memberships are paid in advance monthly, on the calendar date which the membership became activated, for the following month.  Regular monthly dues apply thereafter. Monthly membership payments shall be made the first day of each month, on a month-by-month basis, via automatic debited payment (credit card, debit card, or automatic checking account draft). Additional terms regarding the automatic debited payments are outlined below.

10: In the event of a declined credit card/debit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full.

11: Members with a monthly unlimited membership may put their membership on hold, in one-month increments, for up to three (3) calendar months. A fee of $25 will be charged per freeze request. Notice of intent to freeze one’s account must be submitted to STAMINA via email at scottstaminafitness@gmail.com no less than seven (7) business days prior to the freeze date. The freeze request must state both the freeze start date and reactivation date. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume automatically upon end of freeze months.

12: You may cancel or change this Membership Agreement at any time. You must provide STAMINA written notice via electronic mail no less than ten (10) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation or change will take affect the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than ten (10) business days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be cancelled or changed as of the date of the subsequent billing payment due date.

13: If, at the time of receipt of your cancellation notice, you have outstanding payments owed to STAMINA, these payments must be made in full in order for the Membership Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be cancelled, and Stamina Fitness reserves the right to pursue additional avenues or means to receive monies owed.

14: This Membership Agreement may be cancelled upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive all of STAMINA’S services which the member has contracted. The member, or the member’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability).

15: Registered Business address: 

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

16: San Anselmo Business License:

12392

 

I hereby release and agree to hold STAMINA harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act by STAMINA, or that may otherwise arise in any way in connection with any services received from STAMINA. I understand that this release discharges STAMINA from any liability or claim that I, my heirs, or any personal representatives may have against STAMINA with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from STAMINA. This liability waiver and release extends to STAMINA together with all owners, partners, and employees.

I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE, OR, IF I AM UNDER 18 YEARS OF AGE, MY PARENT/LEGAL GUARDIAN HAS SIGNED THE FORM.

Member Name:

Member D.O.B:  

For Minors:

 

 

 

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Signature Certificate
Document name: Waiver - NDA
lock iconUnique Document ID: c67ed5825ab29486ce9a7b4f19b5ac1770990d90
Timestamp Audit
February 14, 2024 10:59 am PSTWaiver - NDA Uploaded by Scott Fay - scott@staminafitnesstraining.com IP 64.54.69.205
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