By signing up with Apex Fitness and/or any of our services. You agree to the following terms:
WAIVER, RELEASE, and NON-COMPETE FORM
Because physical exercise can be strenuous and subject to the risk of serious injury, I urge you to obtain a physical examination from a doctor before using any exercise equipment participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Any recommendations for changes in diet including the use of food supplements, weight reduction, and/or bodybuilding enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and assume all risks of injury, illness, or death.
Non-Compete
You are also agreeing not to solicit any members of Apex Fitness for personal and/or group training, both online and offline and are agreeing not to compete with Apex Fitness within 25 miles of your registered location with the formation of any adult group fitness exercise class where you will serve as either a trainer, owner, or consultant within 6 months after your last day as a member or employee of Apex Fitness. Any attempts to do so will negate the use of your time with Apex Fitness as physical training and instead identify your time with Apex Fitness as business coaching for which you are agreeing to pay $1000.00 to continue your business within 25 miles within 6 months of your last day.
Refunds
You’re allowed to cancel your membership at any time. However Apex Fitness will not issue refunds for purchased services, equipment or memberships. I also acknowledge that Apex Fitness can cancel my membership at any time.
Release of Liability
You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge the trainer/instructor of Apex Fitness and its associated facilities from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the trainer/instructor, or the township of Esopus or Kingston, for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from. By signing this release, I acknowledge that I understand its content and that this release can not be modified orally. Testimonial and Photo/Video Release In consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I, the undersigned, hereby grant to Apex Fitness (“Apex Fitness”) and his/her agents the right to use my name, biographical information, photographs, images, videos, story and/or testimonial, in whole or in part, and without restriction as to changes or alterations. The rights granted herein shall extend in perpetuity, unless revoked in writing to Apex Fitness by me, throughout the world and for any purpose whatsoever, including without
limitation for marketing and advertising purposes of Apex Fitness, and in any and all media, including without limitation Apex Fitness’s website. I acknowledge that Apex Fitness has no obligation to return any photographs or images to me. I hereby RELEASE, WAIVE and FOREVER DISCHARGE any and all claims arising out of, or in connection with, such use by Apex Fitness, including without limitation any and all claims for libel or invasion of privacy. I hereby warrant and represent that I am at least 18 years of age and have the right to contract in my own name. I have read the above Release and am fully familiar with the contents thereof. This Release contains the entire agreement between the parties hereto as to the subject matter contained herein. Finally, I understand that this is a digital agreement that does not require a signature and by continuing you agree to all the terms on this page.