In consideration for payment by the Member and the use of the training facilities and equipment and/or participation in fitness classes through Feldman Performance, LLC, the parties agree to the following:
- Member will participate in training activities in a safe and considerate manner, both for the Member’s own safety and for the safety of other Members. Feldman Performance, LLC may suspend and/or terminate this Agreement, at its sole discretion, if a Member is engaging in illegal activities, unsafe activities, or activities that are detrimental to the enjoyment and use of the facility by other Members.
Member will make payment of the monthly fee set out above on the 1st day of each month. If payment in full of the monthly fee is not received by the 5th day of the month, Feldman Performance, LLC may suspend and/or terminate this Agreement, at its sole discretion. If suspension is elected, the suspension will be lifted as soon as payment in full is made.
For all direct deposits that are returned, there will be a minimum $10.00 charge that the Member is responsible for.
Member will receive a swipe card to use for access to the 24 hour gym. Member will not loan out or share the swipe card without Feldman Performance, LLC’s express permission. If a Member’s swipe card needs to be replaced, for any reason, there will be an $10.00 replacement fee charged.
Attached to this Agreement are a Waiver and Release Form and a Fee Schedule for use of the facility. These two documents are hereby incorporated into this Agreement by reference herein.
Also attached to this Agreement and incorporated herein by reference is a current list of Facility Rules and Policies. A Member’s failure to follow Facility Rules and Policies may result in the suspension and/or termination of this Agreement. Feldman Performance, LLC reserves the right to set new, or amend existing, rules and policies at any time, and Member agrees to be bound to follow such new or amended rules and policies that are reasonable and related to safety or proper use and enjoyment of the facility by all Members. Any new or amended rules and policies will be clearly posted at the facility.
Waiver and Release Form
You have agreed to purchase a membership at a facility that allows access to its members 24 hours a day, 7 days a week. As such, be aware that there will be no scheduled or regular staff supervision or assistance at the facility. If, in the course of your use of the facility, you injure yourself or engage in physical activity that causes or contributes to unconsciousness, stroke, heart attack, or other ailment; there will likely be no one to respond to your emergency or provide immediate assistance. We highly recommend that all members have a training partner accompany them while at Feldman Performance.
Because physical exercise can be strenuous and lead to serious injuries or ailments, Feldman Performance, LLC urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree and understand that if you engage in any physical exercise or activity or use any Feldman Performance, LLC equipment on or off premises, you do so entirely at your own risk.
As measures of safety for its members and of security for the facility: the building is equipped with surveillance cameras; a key-card system is in place to control access to the facility to just members; general membership rules are provided to all members on use of the equipment, use of the facility, and respect for other members.. These measures are in place to deter unsafe actions or behavior and allow Feldman Performance, LLC to appropriately follow up on any safety issues. These safety measures are not continuously monitored and are not substitutes for your own good decision making or working with a training partner.
I grant Feldman Performance, LLC permission to use photos and/or videos of myself and/or my family taken during Feldman Performance, LLC programs, classes and activities to be used in its promotional materials, locally and nationally.
In consideration of your access to and use of Feldman Performance, LLC’s facility, equipment, and training resources, you expressly agree 1) to assume all risks of your own injury, illness, death, or loss or destruction of personal property; and 2) to release and discharge Feldman Performance, LLC; any affiliated companies; their respective directors, officers, managers, agents, employees, and other representatives; and any respective successors and assigns from any and all liability whatsoever, including but not limited to all claims and demands, complaints, suits, liabilities, rights or causes of action, and claims for personal injury or property damage.
This Waiver and Release includes, without limitation, all claims of personal injury or property damage that may occur as a result of 1) your use of all amenities and equipment in the facility; 2) your participation in any activity, class, program, personal training, or instruction; 3) the malfunctioning of any equipment; 4) adverse consequences of any dietary recommendations; 5) slips or falls while at the facility or on adjacent property; and 6) any actions taken by other members or their guests (regardless of intent or negligence) that result in your personal injury or damage to property.
Should any part of this Waiver and Release be found unenforceable, only that unenforceable portion shall be removed from this agreement and the remainder of this Waiver and Release will remain in full force and effect.
Waiver of Liability
In consideration of being permitted to engage in the following activity - participation in an exercise program, daily workouts, and use of the premises, facility, and equipment (hereinafter referred to as the “Activity”) coordinated by Feldman Performance - I acknowledge and agree to, on my own behalf, and on behalf of my personal representatives, heirs, assigns, executors, administrators and next of kin, as follows: I am aware and acknowledge that injury or death may result from my participation in the Activity and from the use of the premises and facilities where the Activity is located or is to occur, or if premises and facilities are not an applicable description, the general area where the Activity is to occur, and the use of any machinery, equipment or apparatus located therein or thereon (collectively the “Activity Premises”). Upon entering the Activity Premises, I will inspect the same and my observation and my engagement, participation and/or involvement in the Activity shall constitute an acknowledgement that I find and accept them to be safe and reasonably suited for their intended purpose. I hereby release Feldman Performance and (collectively, the “Releasees”) from and against any and all liability for any loss, damage, injury, expense, demand or cause of action that I may suffer whether with respect to personal injury, death, damage to or destruction of property, theft or otherwise, which may arise as a result of my presence in, upon or about the Activity Premises or my use of the Activity Premises. I will indemnify and hold harmless the Releasees, collectively and individually, from any and all losses, liabilities, damages, demands, costs, causes of action and expenses that they may incur, for any reason whatsoever, which may arise as a result of my participation in the Activity, and my presence in, upon or about the Activity Premises.