TERMS AND AGREEMENT
Member must indemnify the Gym harmless of any and all claims, loss, injury, or damages without limitation, as Personal Training and Group Exercise Classes shall be serving as a liability release for the Participant. This Agreement shall be considered binding upon the Participant and AJ WELLNESS CLUB LTD. Any and all legal proceedings in lieu of the Agreement shall be resolved by the jurisdiction laws of the state of [State]. This Agreement hereto shall be governed and interpreted in accordance with the laws of [State].
Notices: Any and all notices, apart from cancellation notices, can be made to the Parties through a certified mailing address (ajwellnessclub@gmail.com) as mentioned in the Agreement. Any additional address shall be notified to the Parties in writing and/or in person.
Fitness, Health and Safety:
As the participant, you shall acknowledge that the Fitness Classes will be physically strenuous and You agree that You voluntarily participate in such Fitness Classes with full knowledge that even if We and the relevant instructor is not negligent there is a risk of personal injury or illness arising from Your participation in such a Fitness Class.
Certain Fitness Classes may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.
You must ensure that you are fit and well enough to participate in any Fitness Class that You attend, and You will at all times be responsible for Your own state of health, physical condition and well-being.
If You have any concerns about Your fitness or health, You should seek appropriate medical advice from a relevant professional medical or another adviser before attending a Fitness Class.
You agree that when You register and when You attend any Fitness Class, that will be Your confirmation that You have no health or fitness problems which may affect your participation in any Fitness Class.
When You request booking, or renewal, for a class or termly package (or pro-rata if You are a new customer) of Fitness Classes and You tell Us at that time about any medical, health or fitness issue or special need, We will discuss it with You, and inform You if We decide not to accept Your booking because of that issue or special need. If We do accept Your booking, You must act in accordance with any instructions provided by Us relating to the issue or need.
You must tell Us: of any medical condition or are taking any medication which may affect Your ability to undertake any activities at a Fitness Class or to use any equipment or facilities provided by Us.
Of any circumstances affecting Your health which may be worsened by any activities at a Fitness Class, and if you are pregnant, and if so whether You are in the first 3 months of Your pregnancy.
If You do not tell Us before a Fitness Class of any issues that We then discover, We will be entitled not to provide some or all of that Fitness Class or any other Fitness Classes and to treat any such Fitness Classes (or the affected part of it/them) as cancelled by You without notice. We may also cancel any other remaining weeks in your termly package of Fitness Classes and in that case We will refund You for each full week of Fitness Classes remaining.
You must not attend any Fitness Class when under the influence of alcohol or illegal drugs.
You should arrive at least 5 minutes prior to the start time of a Fitness Class to ensure you are ready for the warm-up.
If You arrive later than a Fitness Class start time and You arrive after any warm-up for that Fitness Class has begun, We may not permit You to participate in the Fitness Class for health and safety reasons.
You should not attempt to use any equipment until We have instructed You in the correct use of the same. You may only use the equipment and facilities provided by Us in the correct manner and must not use them in any manner which is a health and safety risk either to You or to others.
Limitation of Liability:
We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.
We provide or sell all Fitness Classes to You only for Your personal and private use/purposes. We will not be liable to You for any loss of profit, loss of business, interruption to business or any loss of business opportunity.
Each of Our instructors is appropriately qualified to conduct the particular Fitness Class which they conduct but their advice does not include any medical or similar advice and is not a substitute for the advice provided by an appropriate medical professional.
If You bring any personal belongings onto Our premises, We do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at Your own risk except where such loss or damage is due to any deliberate or negligent act by Us or our staff. We will not be responsible for any loss or damage to Your personal belongings caused by any other customer, guest or visitor to Our premises. We, therefore, advise You not to bring any valuable belongings to Our premises.
Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation. Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:the Consumer Rights Act 2015; the Regulations; the Consumer Protection Act 1987; orany other consumer protection legislation as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
The Member acknowledges and agrees that there are risks involved with any fitness and physical activity, the use of exercise equipment, and participation in an exercise program, and such risks may include the risk of serious bodily injury or death.
By signing this agreement, the Member knowingly and voluntarily assumes all risks of liability, loss, illness, death, or injury caused or arising out of any use of the Facilities or the participation in any activities by the Member.