The users of our in-person and virtual services (the Member), hereby indicates their desire to become a member of the Parkinson’s Program or cancer program offered by Move Up Health and Fitness, Inc., pursuant to the terms and conditions of this membership agreement. If their caregiver/workout buddy chooses to participate in the program, the caregiver/workout buddy also agrees to the terms and conditions stipulated of this gym membership agreement as stipulated for the Member.
Health Screening and Risk
All members are urged to obtain a physical examination from a doctor before using any exercise equipment, when beginning a new exercise program, or when changing one’s diet. The client agrees that participation in any exercise or nutrition program laid out by Move Up Health and Fitness, Inc. or by any of its agents is at the client’s sole risk. The client understands that the use all types of equipment shall be the client’s entire responsibility. By signing this agreement, the client acknowledges that Move Up Health and Fitness, Inc. and its agents shall not be liable for any claim, demands, injuries, damages, or actions arising due to any injury to the client. Also, by signing this agreement, the Member attests that they are fully able to participate in an exercise regimen without undue risk.
The Member agrees to pay either monthly or class dues, based on their selected services. These dues may be paid by reoccurring debit or credit card payments or in-person via debit, credit, check, or cash.
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT DECLARATIONS:
This Agreement is entered into between Move Up Health and Fitness, Inc. (“Organization”) and the undersigned (“Client”). The provision of health and fitness services by the Organization to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, Rock Steady Boxing, and other fitness classes or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by the Organization or otherwise, including injuries or damages arising out of the negligence of the Organization, whether active or passive, or any of the Organization’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of the Organization or otherwise. RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge the Organization (and the Organization’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of the Organization, whether active or passive, or any of the Organization’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from the facility, including injuries resulting from the Organization’s or anyone else’s negligent inspection or maintenance of the facility or premises. INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless the Organization from any loss, liability, damage, or cost the Organization may incur due to the provision of fitness instruction by The Organization to you. ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that the Organization offers a service to its clients encompassing the entire recreational and/or fitness spectrum.
This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Move Up Health and Fitness, Inc. for the Organization’s negligence, or for any defective product used while receiving instruction from the Organization. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
Gym Rules and Participation
The Member hereby agrees to abide by all posted and verbally stated safety guidelines and regulations while using the Move Up Health and Fitness, Inc. facilities, equipment, and virtual services.
Additionally, the member agrees to:
- Dress and conduct themselves in a manner deemed appropriate for a fitness facility.
- Be respectful of other members’ comfort levels and boundaries, both physically and in conversation.
- Communicate openly and respectfully.
- Follow the directions given by the coaches to the best of the Member’s ability.
- Communicate openly and respectfully with the coaches.
- Participate in the program to the best of the Member’s ability and communicate, when necessary, if unable to participate for any reason. Members will never be pressured to complete exercises they are not comfortable completing or exercises that cause pain. Members are expected to stop performing exercises that cause pain and discuss the matter with a coach. If a modification or adjustment relieves pain, then the Member can choose to continue with the pain-free option.
Move Up Health and Fitness, Inc. strongly urges members to communicate if there is any pain during an exercise. Often there can be a modification that can safely achieve similar results. The member should never ignore pain and complete an exercise despite pain or severe discomfort. Doing exercises that cause pain or discomfort can result in severe injury and impair the members ability to attend future workouts. Coaches are not always aware of the experience the member is having while completing an exercise. It is the members responsibility to communicate openly with the coach any and all information about pain or discomfort while exercising.
- Report any injuries to the coaches, whether they occurred during class or outside of class.
- Member is not to consume drugs, alcohol, or tobacco products on Move Up Health and Fitness, Inc. property.
- Member agrees not to photograph or videotape other members while on Move Up Health and Fitness, Inc. property or during virtual classes without that members consent.
- Members are not to solicit other members in the sale of products, especially those pertaining to health and wellness products.
- All members must be aware that any recommendations for products or exercise prescription made by agents of Move Up Health and Fitness, Inc. or other members should be discussed with their Physician. Information members receive is meant to give guidance and should never be construed as a diagnosis or medical treatment.
This Code of Conduct is subject to change. Member will be notified of any changes in writing.
Move Up Health and Fitness, Inc. reserves the right to revoke the Member’s access if these terms are violated.
Gym Membership Cancellation
This gym membership may be cancelled by providing written notice, in person or by mail, at Move Up Health and Fitness, Inc. If the annual gym membership contract is cancelled prior to the end of the 12-month term, the Member agrees to pay a cancellation fee of $20/month of membership.
If the Member must cancel this gym membership contract due to military disability or death, the Member may cancel without paying the cancellation fee.
Cancellations should be delivered in person or mailed to:
3706 W Swift Ave
Fresno, CA 93722
This gym membership contract shall be considered binding upon the Member, their caregiver, and Move Up Health and Fitness, Inc., and shall be upheld and enforced in accordance with the laws of the state of California. Any legal proceedings related to this gym membership contract shall take place in the courts located in Sacramento, California.
The below signed parties hereby enter into this gym membership contract with one another in acknowledgement and acceptance of the terms listed above.
You, the buyer, may cancel this agreement at any time prior to midnight of the fifth business day of Move Up Health and Fitness, Inc. after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send an e-mail which states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent to Jessica Tax at 3706 W Swift Ave, Fresno, CA 93722 or Jessica@moveuphealth.com.