for TakeCare members
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TERMS OF MEMBERSHIP AGREEMENT/RULES & REGULATIONS:
WAIVER, RELEASE AND INDEMNITY AGREEMENT
For and in consideration of permitting the undersigned Member to use the facilities and exercise equipment at UNIFIED, the Member does hereby release, waive, discharge and covenant not to sue UNIFIED, its owners, officers, employees, agents or any personal trainers authorized by UNIFIED to provide services to me the Member. The Member understands that there are certain risks associated with using exercise equipment, including weights and other machinery, equipment or apparatus, or participating in exercise classes, and the Member assumes all risks associated therewith, including the selection of exercise programs, methods, and types of equipment, and the selection of a personal trainer. The Member acknowledges that UNIFIED has urged the Member and all other members to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise classes. IT IS THE INTENTION OF THE MEMBER BY THIS INSTRUMENT TO EXEMPT AND RELIEVE UNIFIED FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, PROPERTY LOSS OR WRONGFUL DEATH CAUSED BY NEGLIGENCE. The Member, for himself/herself, his/her heirs, executor, administrators or assigns agrees that in the event any claim for personal injury, loss or damage to property, or wrongful death shall be prosecuted against UNIFIED arising out of his/her membership at UNIFIED, he/she shall indemnify and save harmless UNIFIED, its employees, agents, representatives, owners and assigns from any and all claims or causes of action by whomever for personal injuries, property damage or wrongful death. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. YOU ARE AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST UNIFIED FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE EQUIPMENT ON ITS PREMISES. YOU HAVE READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. YOU AGREE, FOR YOURSELF AND YOUR SUCCESSORS, HEIRS AND ASSIGNS, THAT THE ABOVE REPRESENTATIONS ARE CONTRACTUALLY BINDING, AND ARE NOT MERE RECITALS, AND THAT SHOULD YOU OR YOUR SUCCESSORS ASSERT ANY CLAIM IN CONTRAVENTION OF THIS AGREEMENT, THE ASSERTING PARTY SHALL BE LIABLE FOR THE EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY THE OTHER PARTY OR PARTIES IN DEFENDING AGAINST ANY SUCH ACTION.
AGREEMENT FOR PHOTO RELEASE - SOCIAL MEDIA RELEASE
I agree to allow Unified Inc. to USE PICTURES, FILM, DIGITAL MEDIA, and/or likeness of me. In the event I chose not to allow the use of the same for said purpose(s), I agree I must inform of this in writing.
PHYSICAL CONDITION AND ASSUMPTION OF RISK
The Member warrants that he/she is in good physical condition and has no disability, impairment, or ailment which would be adversely affected by the participation in a physical conditioning program or by use of the facilities or services provided at UNIFIED. The Member understands that the available equipment may require instruction relating to proper and safe use, and that the Member assumes any risk of loss or injury associated with improper use of equipment without said instruction. The Member is strongly advised to seek advice of a physician prior to actively engaging in strenuous physical exercise.
CHANGES TO CLASSES AND EQUIPMENT
UNIFIED reserves the right to make reasonable changes to the type or quantity of classes or equipment offered.
MAINTENANCE AND FACILITIES
UNIFIED may be temporarily closed for 1 week period every 12 months/each year for maintenance purposes. UNIFIED also reserves the right to close on public holidays. Should the facilities be unavailable for the members use at any time, due to damage by fire, act of God, catastrophe, accident, or other reasons beyond the control of UNIFIED, the membership term will be extended for a period of time equal to the time of such unavailability.
PERSONAL PROPERTY AND VALUABLES
UNIFIED shall not be liable for the loss or theft of, or damage to, the personal property of any UNIFIED Member.
By entering into this Membership Agreement, the Member agrees to abide by all Rules and Regulations in effect and as UNIFIED may amend from time to time in its sole and absolute discretion.
- Abuse of equipment will not be tolerated.
- Equipment must be replaced to its stored position after usage.
- Equipment should be cleaned subsequent to usage. All surfaces should be wiped clean with UNIFIED provided cleaner and towels.
- Report any damaged or malfunctioning equipment to the management immediately, and cease use of such equipment.
- Loud or abusive language is not permitted.
- Alcoholic beverages are not permitted.
- No smoking is permitted within the facility.
- Appropriate athletic type shoes must be worn at all times.
- Three occurrences of misconduct may result in the cancellation of membership. No part of the membership fee shall be refunded and any unpaid portion thereof shall become immediately due and payable.
The provisions of this Membership Agreement are severable and if any provision is determined to be illegal or unenforceable, the remaining provisions and any partially enforceable provisions shall nevertheless be enforceable. UNIFIED’s failure to enforce any remedy or provision in this Membership Agreement shall not be construed as a waiver of such remedy or provision.
GOVERNING LAW AND WAIVER OF JURY TRIAL
This Membership Agreement shall be construed in accordance with the laws of the Territory of Guam with exclusive jurisdiction and venue deemed proper in the courts of Guam. The parties to this Membership Agreement hereby waive their respective rights to trial by jury of any cause of action, claim or proceeding arising out of or in any way connected with this Membership Agreement or the enforcement of any provision of this Membership Agreement or any law, statute or regulation now or hereafter in effect.
This Membership Agreement (and all attachments hereto) constitutes the entire and exclusive agreement between the parties and cancels and supersedes prior promises, representations, understandings and/or agreements between the parties. This Membership Agreement may be modified only by an instrument in writing signed by both parties.