Elite Fitness of Huntington

LIABILITY WAIVER AND RELEASE OF CLAIMS AGREEMENT

This General Liability Waiver and Release of Claims Agreement ("Agreement") is entered into by and between Elite Fitness of Huntington and the undersigned ("Participant"), and is effective as of the date signed by the Participant.

PARTICIPANT'S INFORMATION

Name: Member
DOB: On file
Address: On file
Phone Number: On file
Email: On file

CHOOSE YOUR MEMBERSHIP

Select the membership type you are signing up for. Required.

MEMBERSHIP DUES

1. All Electronic Funds Transfer (EFT) memberships are sold on an ON-GOING basis with a minimum E.F.T. obligation of twelve (12) months. Any member who terminates within the first 12 months will be held responsible for the balance of that time period.

2. All paid-in-full memberships are sold on a 12-month basis and may be paid using cash, personal check, or charge (Visa, Master Card, Discover, American Express). Prior to the end of the 12 month period the member may pay for another 12 months or begin monthly E.F.T. payments.

3. A member may terminate after the initial 12 months of E.F.T. at any time by giving a written notice 30 days prior to the date you wish to terminate. Members will be held responsible for all fees due until the intention of termination is received. Terminations should be sent registered, return receipt mail or a termination form may be requested by contacting the membership department. After 12 months, memberships will be on an automatic renewal, if you wish to cancel after that time please provide a written 30-day notice and your account will be canceled.

4. Elite Fitness of Huntington reserves the right to alter its base rates at any time, any rate change would not take effect until renewal.

5. Corporate and group membership rates may fluctuate during the initial 12-month period based on the number of members enrolled.

6. Elite Fitness of Huntington may impose a $20 service fee for any unaccepted or returned transactions.

GUEST POLICY

A member may bring guests to the Club, with the following restrictions:

1. All guests must be accompanied by a member.

2. The guest must fill out the Guest Registration at the front desk.

3. The current guest fee must be paid upon registering.

4. The member takes responsibility for the guest while in the Club.

5. Guests may be asked to show identification when registering.

6. Any individual guest may use the Club a maximum of three times.

GENERAL TERMS AND CONDITIONS

Waiver, Release, and Assumption of Risk: I have volunteered to participate in a program of physical exercise at Elite Fitness of Huntington which will include, but may not be limited to, weight and/or resistance training. I do here and forever release and discharge and hereby hold harmless Elite Fitness of Huntington and their respective agents, heirs, assigns, contractors, and employees from any and all claims, damages, rights of action, or causes of action, present or future, arising out of or connected with my participation in this or any exercise program including any injuries resulting therefrom. THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION INJURIES THAT MAY OCCUR AS A RESULT OF (1) EQUIPMENT THAT MAY MALFUNCTION OR BREAK (2) ANY SLIP, FALL, OR DROPPING OF EQUIPMENT; AND (3) OUR NEGLIGENT INSTRUCTION OR SUPERVISION.

ASSUMPTION OF RISK: I recognize that exercise might be difficult and strenuous and that there could be dangers inherent in exercise for some individuals. I acknowledge that the possibility of certain unusual physical changes during exercise does exist. These changes include abnormal blood pressure, fainting, disorders in a heartbeat, heart attack; and, in rare instances, death.

I understand that as a result of my participation in an exercise program, I could suffer from an injury or physical disorder that could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life. I recognize that an examination by a physician should be obtained by all participants prior to involvement in any exercise program. If I have chosen not to obtain a physician's permission prior to beginning this exercise program at Elite Fitness of Huntington, I hereby agree that I am doing so at my own risk. In any event, I acknowledge and agree that I assume the risks associated with any and all activities and/or exercises in which I participate. I acknowledge and agree that no warranties or representatives have been made to me regarding the results I will achieve from this program. I understand that results are individual and may vary.

1. A holder of a membership and all persons entitled to the privileges under the membership shall abide by and fully comply with all rules and regulations as stated herein or as posted in the Club. If a member or person entitled to the privileges of the membership fails to abide by the rules and regulations, Elite Fitness of Huntington shall have the right to revoke the membership by giving written notice of the revocation to the holder of the membership.

2. The member agrees to pay attorney fees, court costs, and interest resulting from non-payment of membership dues per this agreement.

3. Elite Fitness of Huntington policies are subject to change as herein noted.

4. Pre-emptive Consumer's Right to Cancel. The applicant may cancel the agreement without any penalty or further obligation within three (3) business days from the date of application submission by mailing a written notice by certified mail to Elite Fitness of Huntington 11 Stewart Ave, Huntington, New York 11743. The notice must say that you do not wish to be bound by this agreement and the notice must be postmarked by certified mail before midnight of the third (3rd) business day after you sign this agreement.

5. A member may have the right to terminate a membership within the initial twelve (12) month period if he/she moves away from the area. The new residence must be greater than 25 miles away from Elite Fitness of Huntington and proof of the relocation is required.

6. A membership may be frozen for only medical reasons that the member cannot participate given a written doctor's notice for a 3-month time period.

I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS WAIVER AND RELEASE 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 LEGAL ACTION OR ASSERT A CLAIM AGAINST Elite Fitness of Huntington FOR YOUR NEGLIGENCE OR THAT OF YOUR EMPLOYEES, AGENTS, OR CONTRACTORS.