The classification of members, the amount of dues payable by the members, the amount of admission, the suspension and expulsion of members, and all other matters affecting or relating to the membership shall be under complete control of CrossFit A.P.E LLC. The dues applicable to any type of membership and other charges imposed by the CrossFit A.P.E LLC may be amended by CrossFit A.P.E LLC at any time without notice. CrossFit A.P.E LLC reserves the right to charge members who do not work in the business facility different monthly dues.
In the event that I default on my obligation, CrossFit A.P.E LLC has the right to collect all monies due in an accelerated manner plus any fees charged by a collection agency, and/or any reasonable attorney fees including court costs.
LATE OR RETURNED ITEM CHARGES
A $25.00 late fee will be assessed to any member failing to make payments by the due date, and the $25.00 for a returned check or credit card draft as a result of insufficient funds, closed account, or similar circumstance.
I understand that the amount and extent to which I participate in exercise and other activities within the premises is my responsibility. My failure to use the facilities does not constitute grounds for a refund or cancellation.
If issued, there will be a $10.00 fee charged for lost cards. Cards are not transferable to another person.
DAMAGE TO FACILITIES
I agree to pay for any damage I may cause to the club’s facilities through my careless or negligent use or misuse thereof.
HOURS OF OPERATION
Operation schedules may vary and are subject to change from time to time. The club may be closed on Saturdays, Sundays, and for a period covering some holidays. This information will be posted in the club.
UNAVAILABILITY OF FACILITY OR SERVICES
I agree to accept the fact that a particular facility or service in the premises may be unavailable at any particular time due to mechanical breakdown, fire, act of God, condemnation, loss of lease, catastrophe or any other reason. Further, I agree not to hold CrossFit A.P.E LLC responsible or liable for such occurrences.
AMENDING THE RULES
I understand that CrossFit A.P.E LLC reserves the right to amend or add to these conditions and to adopt new conditions as it may deem necessary for the proper management of the club and the business.
USE OF PICTURE(s)/VIDEO/LIKENESS
I further agree to allow CrossFit A.P.E LLC, its agents, officers, principals, employees and volunteers to use picture(s), film, and/or likeness of me for advertising purposes. In the event I choose not to allow the use of the same for said purpose(s), I agree I must inform CrossFit A.P.E LLC of this in writing.
BUYERS RIGHT TO CANCEL
I understand that if I want to cancel my session purchased I must cancel by delivering or mailing written notice. The notice must state that you do not wish to continue with CrossFit A.P.E LLC. The notice must be delivered to: CrossFit A.P.E LLC, 105 N Spring St. Klamath Falls, OR 97601.
ACKNOWLEDGEMENT AND ACCEPTANCE OF RISK
I acknowledge that I have chose to participate in one or more physical fitness program(s)/class(es) provided by CrossFit A.P.E. LLC and/or Jacob Juhl, (herein after CrossFit A.P.E. ) which may include, but not necessarily be limited to CrossFit Training and/or individual training or coaching of any kind. CrossFit A.P.E. has made me fully aware that the fitness program/classes which CrossFit A.P.E. offers and in which I desire to participate are of nature and kind that are extremely strenuous and can/ may push me to the limits of my physical abilities I, the undersigned, recognize and understand that the programs/classes are not without varying degrees of risk which may include, but are not limited to the following: Injury to the musculoskeletal and/or cardio respiratory systems which can result in serious injury or death due to the improper use or failure of equipment, or injury or death due to a medical condition, whether known or unknown by me. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s).
I willingly assume full responsibility for any and all risks that I am exposing myself to as a result of my participation in CrossFit A.P.E. program/programs and accept full responsibility for any injury or death that may result from participation in any activity, class or physical fitness program. I herby certify that I know of no medical problems that would increase my risk of illness and injury as a result of participation in a fitness program designed by CrossFit A.P.E. CrossFit A.P.E. informed me that there exists the possibility of adverse physical changes during an exercise program, and I fully understand the same. CrossFit A.P.E. informed me that these changes could include, but are not limited to, abnormal blood pressure, fainting, disorder of heart rhythm, stroke and in very rare instances, heart attack or even death, and I fully understand the same. With my full understanding of the above information, I agree to assume any and all risk associated with my participation in CrossFit A.P.E. fitness programs/classes.
In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participate in that activities made available by CrossFit A.P.E., and with my full understanding of all of the above, voluntary waive, release, discharge, and hold harmless CrossFit A.P.E. and its agents, officers, principals and employees and volunteers, of any and all liability, claims, depends, actions or rights of action, or damages of any kind related to arising from, or in any way connected with, my participation in CrossFit A.P.E. fitness programs/classes, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. In signing this document, I fully recognize and understand that if I (or any minor on whose behalf I am signing this release) am hurt, die, or my property is damaged, I am giving up my right to make a claim or file a lawsuit against CrossFit A.P.E., even if they negligently or any some other act or omission cause the injury or damage. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
As a parent or legal guardian of a CrossFit A.P.E. participant under 18 years of age, I have read and voluntarily agree that said minor may participate in these fitness programs/classes, and I sign this release on their behalf and on the behalf of the minor’s parents and legal guardians. In addition I also give full permission for any person connected with CrossFit A.P.E. to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.
I recognize that there is a risk involved in the types of activities offered by CrossFit A.P.E. Therefore, I accept financial responsibility for any injury that I or the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and defense costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify, defend and hold harmless CrossFit A.P.E., their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from negligent or intentional act or omission while participation in activities offered by CrossFit A.P.E. .
LEGALLY BINDING AGREEMENT
I understand that this enrollment is legally binding in its terms and conditions, whether my use of the facility and its services is determined and paid for on a monthly, yearly, or individual visit basis. This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and may be changed or added to only by a written amendment signed by both parties.
I have read and understand this document in its entirety, I fully understand the foregoing assumptions of risk and release of liability and I understand that by signing it I have released any and all claims against CrossFit A.P.E. I understand that this agreement obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by voluntarily signing this form I am waiving valuable legal rights.