Purpose of This Binding Agreement By reading and signing this document, “You,” the undersigned, sometimes also referred to as “User” or “I,” will agree to release and hold GamePoint Performance (“Site” or “We”) harmless from, and assume all responsibility for, all claims, demands, injuries, damages, actions or causes of action to persons or property, arising out of or connected with your use of the services. The agreement and release is for the benefit of the Club, its employees, agents, independent contractors, other users of the Site. This agreement includes your release of these persons from responsibility for injury, damage, or death to yourself because of those acts or omissions claimed to be related to the ordinary negligence of these persons. This agreement also includes your representations as to important matters which the Site will rely upon.
A. Representations The undersigned, You, represent: (a) that you understand that use of the Site services and programs includes an inherent risk of injury to persons and property; (b) that you are in good physical condition and have no disabilities, illnesses, or other conditions that could prevent you from exercising and using the Site’s equipment/facilities without injuring yourself or impairing your health; and (c) that you have consulted a physician concerning an exercise program that will not risk injury to yourself or impairment of your health. Such risk of injury includes, but is not limited to, injuries arising from or relating to use by you or others of exercise equipment and machines, locker rooms, spa and other wet areas; injuries arising from or relating to participation by you or others in supervised or unsupervised activities or programs through the Site; injuries and medical disorders arising from or relating to use of the Site’s programs including heart attacks, sudden cardiac arrests, strokes, heat stress, sprains, strains, broken bones, and torn muscles, tendons, and ligaments, among others; and accidental injuries occurring anywhere in the Site including lobbies, hallways, exercise areas, locker rooms, steam rooms, pool areas, Jacuzzis, saunas, and dressing rooms. Accidental injuries include those caused by you, those caused by other persons, and those of a “slip-and-fall” nature. If you have any special exercise requirements or limitations, you agree to disclose them to the Site before using the Club’s programs; and when seeking help in establishing an exercise program, you hereby agree that all exercise and use of the Site’s services and programs are undertaken by you at your sole risk. As used herein, the terms “include,” “including,” and words of similar import are descriptive only, and are not limiting in any manner. You do hereby further declare yourself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent your participation or use of equipment or machinery except as hereinafter stated. You do hereby acknowledge that you have been informed of the need for a physician’s approval for your participation in an exercise/fitness activity or in the use of exercise equipment and machinery. You also acknowledge that it has been recommended that you have a yearly or more frequent physical examination and consultation with your physician as to physical activity, exercise, and use of exercise and training equipment so that you might have his recommendations concerning these fitness activities and equipment use. You acknowledge either that you have had a physical examination and have been given your physician’s permission to participate, or that you have decided to participate in activity and use of equipment and machinery without the approval of your physician and do hereby assume all responsibility for your participation and activities, and utilization of equipment and machinery in your activities.
B. Express Assumption of All Risks You have represented to us and acknowledged that you understand and appreciate all of the risks associated with your participation in various activities on the Site, including the risks of injury, disability, and death. Knowing and appreciating all of these risks and enhanced risks, you have knowingly and intelligently determined to expressly assume all risks associated with all of your activities on the Site. You understand and are aware that strength, flexibility and aerobic exercise, including the use of equipment, is a potentially hazardous activity. You also understand that fitness activities involve the risk of injury and even death, and that you are voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers involved. We have also reviewed the risks with you on the date when you signed this Agreement and answered any questions that you may have had. You hereby agree to expressly assume and accept any and all risks of injury or death including those related to your use of or presence at this facility, your use of equipment, and your participation in activity, including those risks related to the ordinary negligence of those released by this Agreement and including all claims related to ordinary negligence in the selection, purchase, setup, maintenance, instruction as to use, and use and/or supervision of use, if any, associated with all equipment and facilities.
C. Agreement and Release of Liability In consideration of being allowed to participate in the activities and programs of the Site in addition to the payment of any fee or charge, you do hereby waive, release, and forever discharge the Site and its directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, and all others from any and all responsibilities or liability from injuries or damages resulting from your participation in any activities or your use of equipment/facilities or machinery in the above-mentioned activities. You do also hereby release all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage to yourself, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with your participation in any activities of the Site. This provision shall apply to ordinary acts of negligence but shall not apply to gross acts/omissions of negligence, willful or wanton acts/omissions, or those of an intentional/criminal nature.
D) You may cancel your subscription at any time. You are responsible for the full subscription fee in the monthly billing cycle in which you cancel. Once your account has been billed, all sales are final and there will be no refunds.