RULES OF USE AND CODE OF CONDUCT
SMG Powerlifting is committed to the well-being of its members. Individuals must read, complete, and sign this Release of Liability Form.
KEY CARD ACCESS RULES
UN-STAFFED HOURS SAFETY and MINORS
Children may not stay in the gym while parent/guardian is training
(SMG does not offer any Day Care Services).
SPECIAL CLOSURES / PERSONAL ITEMS / THEFT
REMEMBER: SMG is under surveillance at all times. Allowing Non-Members into the facility, taking equipment or merchandise, and damaging or vandalizing property will be punishable to the fullest extent of the law.
Respect the Equipment, Gym, and your Fellow Lifters
* THIS INCLUDES PLATES! RACK YOUR WEIGHTS BACK FROM WHERE YOU TOOK THEM
All Memberships are Monthly Renewals.
A credit card will be charged on your join date every month.
(Day Passes or Punch Cards do not apply)
If you plan to cancel you MUST provide SMG with notice of cancellation at least7 days before your billing date.
Notice can be by email, phone call during staffed hours, or in person during staffed hours.
*If you do not provide 7 days notice you will automatically be charged for the next month and you will not be refunded your dues.
Membership Terms and Conditions:
Fees and Dues:
Enrollment Fee- To establish and qualify for membership, member agrees to pay a onetime enrollment fee of $0.00 (Enrollment fee is non-refundable).
Monthly Dues are based on the membership plan selected. Monthly dues for the following month, along with authorized member charges will be collected electronically each month (date will be based on the date of purchase), unless previously paid by other means. All members must provide Electronic Funds Transfer. In the event we are unable to collect payment electronically, the member will be notified and payment must be made by other means. If the member is 5 days past due and payment is declined more than once, decline fees will apply. If the second attempt fails there will be a charge of $15, for a third attempt failure there will be a charge of $25.
• I understand that unless I have chosen to opt out of automatic bill pay, all membership agreements will automatically renew based on my Membership Plan, unless written cancellation has been provided to SMG Powerlifting. For example: monthly membership (paid up front) will automatically renew every month (full payment will be charged on the expiration date so that no lapse in membership will occur).
• I understand that my account will be charged and billed with the monthly billing for any programs, services or products not paid at time of registration.
• SMG dues must be current at all times or fitness membership will be suspended or terminated. If Membership Status is not current, no entry will be permitted.
Acceptance and Agreement I hereby agree to accept and abide by the terms of this Membership Application and Agreement. I understand that this membership agreement is dependent on the Membership Plan selected and dues and duration will be based on my selection. I understand that all automatic bill pay accounts will continue on a month-to-month or term to term basis unless cancelled by me.
I hereby allow SMG Powerlifting to effect payment for monthly dues and approved membership charges for the duration of my membership through electronic funds transfer. This authorization is to remain in full effect until SMG Powerlifting has received WRITTEN NOTIFICATION from me on cancellation BEFORE my next payment date and assuming the term has been fulfilled (if applicable).
1. PROVISIONS. SMG Powerlifting will provide a fully equipped exercise facility including a fitness training area with stationary bicycles, elliptical, treadmill, rower, power racks, platforms, specialty bars and free weight training area. SMG Powerlifting and facilities may be unavailable during a period of repair and maintenance or special events, programs or private parties, or by Management’s schedule for these events. There will be no adjustment in dues for this period of closure.
2. MEMBER’S HEALTH WARRANTY. The member warrants and represents that the member or any guest entitled to use the facilities of SMG Powerlifting under the terms of membership, has no disability, impairment, or ailment preventing him/her from engaging in active or passive exercise, or that will be detrimental or averse to such person’s health, safety, or physical condition if he/she does so engage or participate. The Member acknowledges and agrees that: 1) SMG Powerlifting will rely on the foregoing warranty in issuing the Membership; 2) SMG Powerlifting shall have no obligation to perform a fitness assessment or similar testing to determine the Member’s physical condition; 3) if any fitness assessment or similar testing is performed by SMG Powerlifting, it is solely for the purpose of providing comparative data with which the Member can track progress in a program and is not for diagnostic purposes. 4) SMG Powerlifting shall not be subject to any claim, demand, or injury whatsoever on account of the SMG Powerlifting evaluation or interpretation of such fitness assessment or similar testing. 5) SMG Powerlifting shall not be liable for any injury arising out of the member’s disability impairment or ailment preventing him/her from engaging in active or passive exercise, or that would be detrimental or averse to such person’s health, safety or physical condition if he/she does so engage or participate. Each member and guest should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing.
3. LIABILITY AND WAIVER OF LIABILITY. Each member of the SMG Powerlifting shall be liable for any property damage and/or personal injury (caused by the Member, Member’s Family, Guest or any other person) at SMG Powerlifting or any activity or function operated, arranged or sponsored SMG Powerlifting. It shall be the obligation of the member to pay for any costs involved upon presentation of a statement thereof. Any and all use of SMG Powerlifting Facilities, or participation in SMG Powerlifting activities operated, arranged or sponsored SMG Powerlifting either on or off of the premises by the Member, Member’s Family or Guest(s) shall be AT SUCH PERSON’S OWN RISK, and SMG Powerlifting shall not be liable for any injuries or damages to such person, or the property of such person, or be subject to any claim, demand, injury or damages. The Member individually, and on behalf of the Member’s personal representative, heirs, administrators, assigns and successors does hereby expressly forever release and discharge SMG Powerlifting, its successors and assigns, as well as its officers, agents and employees from all such claims, demands, actions, or causes of action.
4. SUSPENSION/TERMINATION OF MEMBERSHIP BY MANAGEMENT. Management has the right to suspend and/or terminate any membership for non-payment of dues, fees, or for behavior inimical to the enjoyment of SMG Powerlifting by other members and staff for any reason deemed sufficient in the sole discretion of SMG Powerlifting Management.
5. BUYER’S RIGHT TO CANCEL OR TERMINATE. Members have the right to cancel this contract within three (3) business days after receipt of a copy of this contract (3 day cancellation does NOT apply for Day or Week Passes). Cancellations must be requested in person, by phone, or email and directly to SMG Powerlifting staff. Dues for the final month will be determined based on the anticipated end date. In the event of a three (3) day cancellation, SMG Powerlifting will refund all enrollment fees (if applicable) and dues paid. Month-to-month members may voluntarily terminate membership at any time by: 1) notifying the SMG Powerlifting in person, by phone, or email prior to expiration date and; 2) paying all current charges prior to termination. SMG Powerlifting Enrollment Fees are non-refundable (if applicable) except as indicated above.
6. UNPAID BALANCES. All balances which are 30 days past due are subject to a $25.00 monthly service fee. In addition to other rights, Management reserves the right to: 1. Collect the current and past due balance. 2. Suspend and/or terminate membership privileges. 3. Recover from Member(s) any collection fees, court costs, and reasonable attorney’s fees agreed to be 30% of the entire balance due and owing. 4. Collect a service fee of $30.00 for any check or draft payable to the SMG Powerlifting which is not honored.
7. ENTIRE AGREEMENT. This agreement and Bylaws constitute the entire and exclusive membership agreement between the parties. Any promise, representation, understanding, oral or written, pertaining directly or indirectly to the agreement which are not continued herein, are hereby waived.
8. I certify that I have received a copy of the Rules and Bylaws and have read and understand them.
9. I acknowledge that I will need to fill out a Waiver and Release From Liability Form upon entry at SMG Powerlifting.
Waiver and Release From Liability Form
I, (“Participant”), or Participant’s parent or legal guardian if Participant is under the age of 18 years, have requested the use of SMG Powerlifting’s facilities and/or equipment, or the purchase or provision of lessons, instruction and/or training related to weightlifting, powerlifting, Olympic lifting, gymnastics, plyometrics, calisthenics, running, rowing, biking, climbing, jumping, throwing, diet, nutrition, injury prevention, and/or activities incidental thereto individually and collectively and the use of equipment and facilities at 1401 Front St. Yorktown Heights NY 10598 and/or any public or private location. I understand and acknowledge that serious disabilities, illness (to include “exertional rhabdomyolysis”), death, accidents and injuries can occur during activities at the Facility and/or through the use of the Facility and Equipment in which those activities are held, whenever or however they occur and for such period said activities may continue. My assumption of risk also includes, without limitation, the use of bathrooms, changing rooms, sidewalk, and parking lot belonging to SMG Powerlifting or the property of 1401 Front St. Yorktown Heights NY 10598.
I further understand and acknowledge that attending, participating in, volunteering at or spectating at SMG Powerlifting may require me to perform strenuous activities, or to be exposed to activities, conditions, individuals, equipment or events which have potential to cause death, illness, serious injury, disability, or property loss. Knowing the risks inherent in, and connected with these activities, conditions, equipment or events, and with the full understanding of the activities I will be performing, on behalf of myself, my executors, administrators, heirs, successors, assigns, and next of kin, I HEREBY FULLY ASSUME THE RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY INHERENT IN, AND/OR IN ANY WAY CONNECTED WITH, ATTENDING, PARTICIPATING IN, AND SPECTATING AN SMG POWERLIFTING EVENT OR OTHER ACTIVITY AT THE FACILITIES EVEN IF ARISING FROM THE NEGLIGENCE OF OTHER PERSONS EXECUTING A SIMILAR WAIVER AND RELEASE FROM LIABILITY.
I understand that I will not be permitted entry, use of any equipment or use of the facility without executing this Waiver and Release. As a condition of my Participation, I grant SMG Powerlifting, and its employees, members, partners, officers and agents perpetual and non-revocable permission to use my name, photographs and video in which my image and likeness appears in connection with my Participation in activities at the facility and further grant permission to display, publish, distribute, use, print and reprint such images and likeness, and the right to employ such images or likeness in advertising and promotions relating thereto or to SMG Powerlifting, including any advertisements or media and electronic displays and transmissions thereof (herein “Likeness Rights”). I release AMG Powerlifting and its employees, members, partners, officers and agents from any and all liability for damages for use in any manner or media of the Likeness Rights, and waive any and all claims and causes of action for damages for use of the Likeness Rights, including but not limited to: unauthorized use of my likeness, image, character or persona; violation of my right of publicity or privacy; and for copyright or moral rights infringement, defamation, or being cast in a bad light.
I understand and agree that this Agreement is a full and final release covering all known and unknown and unanticipated injuries, debts, claims or damages to him/her that have arisen or may have arisen from any matters, acts, omissions or dealings released in this agreement, including but not limited to the use of the photographs and Likeness Rights. The undersigned acknowledges that he/she is aware that he/she may hereafter discover facts in addition to, or different from, those which he/she now knows or believes to be true, but it is his/her intention hereby, fully and finally and forever, to settle and to release any and all matters, disputes and differences, known or unknown, suspected or unsuspected, that do now exist, may exist or heretofore have existed with respect to those matters described herein. I expressly waive and relinquish any and all rights or benefits that I may now have, or in the future may have as to these matters released herein
By signing below, the undersigned also waives any and all rights he/she may have, independently or on my behalf, in connection with my image or likeness on such photograph(s) and Likeness Rights, and consents to, joins with and ratifies all grants of permission, waivers, discharges and releases set forth herein above.
I KNOWINGLY RELEASE, INDEMNIFY, HOLD HARMLESS, AND DISCHARGE the following persons and entities: SMG Gym LLC d/b/a SMG Powerlifting, 1401 Front Street Yorktown Heights NY 10598, GameSportswear LLC.
I AGREE NOT TO BRING ANY CLAIM AGAINST RELEASEES, which claims concern in any way death, injury, damage, or loss of any type or nature, which arise out of, are related to, or are in any way connected with attending, participating in, volunteering at or spectating at SMG Powerlifting, and/or which arise out of or are connected in any way with my use of, or my presence at the Facility(ies) at which (those) activities held, whether injury, death or disability, loss or damage is caused in whole or in part by negligence, gross carelessness, or other acts or failure to act of those persons or entities.
I HEREBY AFFIRM AND ACKNOWLEDGE THAT I HAVE READ THIS DOCUMENT. I HEREBY AFFIRM AND ACKNOWLEDGE THAT I UNDERSTAND ITS CONTENTS AND AGREE TO BE BOUND THEREBY. IF I AM UNDER THE AGE OF ESIXTEEN YEARS, MY PARENT/GUARDIAN HAS READ AND AGREED TO THESE TERMS.