DISCLAIMER: You should always consult with your Doctor before beginning any type of exercise or physical activity. This form is an important legal document. It explains the risks you are assuming by beginning an exercise program. It is critical that you read and understand it completely. After you have done so, please print your name legibly and sign in the spaces provided at the bottom.
Waiver, Informed Consent, and Covenant not to sue:
I, have volunteered to participate in a program of physical exercise under the direction of Legacy Fit LLC, which will include, by may not be limited to, weight and or resistance training.
I hereby acknowledge and agree that use by Member of LegacyFit facilities, services, equipment or premises, involves risks of injury to persons and property, and Member assumes full responsibility of such risks. In consideration of Member being permitted to enter LegacyFit for any purpose including, but not limited to, observation, use of facility, services or equipment, or participation in any way, Member agrees to the following: Member hereby releases and holds LegacyFit, its directors, officers, employees, and agents harmless from all liability to Member, Member’s children and Member’s personal representatives, assigns, heirs, and next of kin for any loss or damage, and forever gives up any claim or demands therefore, on account of injury to Member’s person or property, including injury leading to the death of a Member, whether caused by the active or passive negligence of LegacyFit or otherwise, to the fullest extent permitted by law, while Member is upon, or about LegacyFit premises including adjacent sidewalks, streets and parking areas or using any LegacyFit services or equipment. Member also hereby agrees to indemnify LegacyFit from any loss, liability, or damage or cost LegacyFit may incur due to the presence of Member in, upon or about LegacyFit premises or in any way observing or using any facilities or equipment of LegacyFit whether caused by negligence of the Member or otherwise. You represent (a) that Member is in good physical condition and have no disability, illness, or other condition that could prevent Member from excercising without injury or impairment of health, and (b) that Member has consulted a physician concerning an exercise program that will not risk injury to Member or impairment of Member’s health. Such risk of injury or impairment includes (but is not limited to): injuries arising from use by Member or others of exercise equipment and machines; injuries arising from participation by Member or others in supervised or unsupervised activities. Member further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. Member has read this release and waiver of liability and indemnity clause, and agrees that no oral representations, statements or inducement apart from this Agreement have been made.
ASSUMPTION OF RISK: To the best of my knowledge I am in good physical condition and have to no disease, physical limitation, health concern or injury that would be aggravated or would be the cause of any injury sustained, before, during or as a result of my participating in activities related either directly and/or indirectly to Legacy Fit LLC. 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. 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 with Legacy Fit LLC, I hereby agree that I am doing so at my own risk. In any event, I acknowledge and agree that I assume the risk associated with any and all activities and/or exercises In which I participate. I acknowledge and agree that no warranties or representations and agree have been made to me regarding the results I will achieve from this program. I understand that results are individual and may vary. 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 waving any right I or my successors might have to bring a legal action or assert a claim against Legacy Fit LLC, for your negligence or that your employees, agents, or contractions.
You (individually, if you are the Member, and as an agent and/or guardian of Member) agree that Member and Member’s family members, and any guests and invitees shall be bound by this Agreement and the Rules and Regulations provided herewith of Legacy Fit facilities. You agree that the rules and regulations may be revised, supplemented or amended in the sole and absolute discretion of LegacyFit and any such changes shall become immediately effective upon posting in the LegacyFit facility.
MEMBERSHIP DUES: I understand that my membership dues are arranged to be made in monthly installments for a twelve (12) month period under the package selected below and that Legacy Fit has a fiduciary responsibility to collect all payments in a timely manner. Any modifications, changes, amendments or cancellations must be made in writing. Any notice of intent to cancel given by the member shall be given in writing to Legacy Fit. Written notice of your cancellation shall be mailed to: 850 Bacons Bridge Rd Suite B Summerville, SC 29485 and approved by Legacy Fit. No oral amendments or modifications are to be made to this agreement.
CANCELLATION: . For Month to Month contract only, I understand that if I wish to cancel my agreement I must provide written notification thirty (30) days prior to my cancellation date. I understand that I must meet all standards of LegacyFit training requirements in order to cancel my membership. I also understand that failure to complete my training does not affect my obligation to pay such dues in full. Furthermore, the payment plan is not affected by my training and/ or attendance. All inquiries are to be directed to NAC Billing Co.. Upon completion of the one (1) year contract agreement, said agreement shall self-renew for twelve (12) month period under the same terms. Any commitment beyond the first year may be cancelled with written notification within sixty (60) days. I understand that should I default on payment obligations as called for in this agreement, the entire remaining balance shall be deemed due and payable upon demand, and I agree to pay all cost of collections, including but not limited to collection agency fees, court costs and attorney fees. I understand that payments that are past due over 60 days will be turned over to a collection agency. As a late fee of fifteen dollars ($15.00) will be assessed for any payments seven days past due. I have certain rights to cancel this agreement without any penalty or obligation, but only if I do so within three days (3) from the date of this agreement upon the mailing of written notice to LegacyFit at: 850 Bacons Bridge Rd Suite B Summerville, SC 29485 or by personal delivery.
You or your estate may cancel this Agreement if you become physically unable to avail yourself of a substantial portion of the services which you used from the commencement until the time of disability or upon your death. Such cancellations shall be authorized only upon you or your estates furnishing a certification of such disability by a physician licensed under Florida Statutes Chapter 458, 459,460, or 461 or certification of your death.
Termination of membership will be effective only if the procedures described herein are followed. Failure by any Member to use the membership will not relieve you of your payment obligation regardless of the circumstances, except as provided for below.
LegacyFit makes no warranties or representations, express or implied, other than those set forth herein, and your sole and exclusive remedy in the event of any breach of this Agreement shall be cancellation of this agreement.
IN NO EVENT SHALL LEGACYFIT BE LIABLE FOR AY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.