Get It Done Fitness Inc. WAIVER OF LIABILITY AND CONSENT
This is to certify that I (“Member”), with full knowledge and understanding that participation in the physical activities and fitness training services offered by GET ITDONE FITNESS, INC, (“GIDF”) involve increased risk of personal injury. Such personal injury may result from my own action or inaction and/or the action or inaction of others.Member hereby acknowledges and agrees that GIDF does not guarantee specific fitness results without commitment and ability to set and meet clear and realistic goals specific to Member’s health, endurance and strength, with such goals to include, but not limited to, diet and lifestyle changes consistent with the GIDF training program(s). Member accordingly does hereby assume all responsibility for the results that Member desires to achieve through participation in any GIDF activities, classes or programs. Member hereby certifies that Member has disclosed in writing to GIDF any known physical or mental illness or weakness that would increase the risk of participation in exercise. Member hereby declares to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent or impair participation in any of the activities associated with the fitness training programs offered by GIDF.
Member does hereby assume all responsibility for Member’s actions and physical conditions, including injuries, arising from participation in any GIDF activities, classes or programs.In consideration of voluntary participation in any and all activities, classes or programs offered and provided by GIDF, Member does hereby waive, release, and forever discharge, and covenant not to sue GIDF or its owners, officers, agents, employees, trainers, coaches, members, representatives, contractors and affiliates from any and all responsibility or liability for injuries or damages to Member resulting from Member’s participation in any GIDF activities, classes or programs.Member consents and agrees to be either photographed or videotaped and produced by or for GIDF (the “Photography/ Videos”). Member hereby grants GIDF the right torecord him/her in connection with the Photography/Videos, including Member’s voice, quotes/excerpts of his/her written or verbally expressed words, image, likeness, performance and any and all attributes of his/her personality (“Image”). Member understands and acknowledges that GIDF has the right, but not the obligation to use Member’s Image, Photography or Videos. Member hereby waives any right thatMember may have to inspect and/ or approve the finished Photography/Videos or any use of Member’s Image or Video. Member irrevocably consents to and grants GIDF the exclusive, worldwide, perpetual, royalty-free and otherwise unlimited right to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, and repurpose the Photography/Videos for any purpose in any media or form of communication, without additional consent and without compensation, including but not limited to GIDF’s commercial and promotional use on its corporate social media sites.
Member may opt out by notifying GIDF Management.
ASSUMPTION OF RESPONSIBILITY AND RISK: Member understands that physical exercise is potentially dangerous. The possibility of injury or aggravation of prior injuries is possible. Member understands that all participants have the right and responsibility to excuse themselves from any exercise or activity they believe will be harmful to them. All participants must evaluate each situation in the context of their skill and current physical condition and conduct each exercise in a manner that is safe. If an instructor gives an instruction that is unsafe for the participant, it is the participant’s responsibility to inform the instructor that the skill may be unsafe. Member understands the above statement of risk and understands the rights and responsibilities of the Member. Member assumes responsibility of their own safety (or safety of their minor child(ren)), understanding and accepting the risks involved with group fitness activities and physical fitness testing. By assuming this risk, Member completely absolve all instructors, coaches, trainers, other members, guests, participants, and any and all other parties of liability for Member’s harm, unless intentionally caused. Member agrees to indemnify GIDF for any liability for injury from the hazards of group fitness and all related activities. In the event of a medical emergency, Member recognizes that any medical care that may be required is their personal financial responsibility. Classes will be taught by coaches, trainers and any other qualified instructor. The choice of the instructor is left to the discretion of GIDF. Member understands that the class instructor may not always be the instructor they desire, but Member shall seek to learn from which ever instructor is leading the class, to show the respect due to the instructor, and to conduct themselves in accordance with the etiquette established by GIDF. Member accepts and understands that they are responsible for their own safety without regard to who is instructing the class. Member specifically understands and agrees that the full force of this agreement applies no matter who is teaching.
NOTICE OF PHYSICAL CONTACT: When male and female Members train together, or when adult and minor members train together, and in any other training combination, the purpose and intent of GIDF, instructors and coaches is to provide an environment for all participants to learn and practice fitness kickboxing and a variety of other equipment techniques. Members are expected to conduct themselves appropriately at all times to ensure the best training results for everyone. Should any Member feel a training partner is engaging in contact beyond the scope of training, or a training partner is taking undue and unacceptable advantage of training contact, or if a Member is made uncomfortable by any training exercise or partner, then that Member has the right to withdraw from the exercise. If the conduct of the training partner appears inappropriate, the Member should inform an instructor or coach immediately. If the conduct of the training partner or any training partner appears criminal, then an instructor should be informed and the authorities may be notified either by the Member the instructor, management or all of the above.
ARBITRATION CLAUSE: Should any dispute arise between Member, their minor child(ren), or anyone acting on behalf of their minor child(ren), regarding GIDF, then Member specifically agrees that the dispute shall be resolved in binding arbitration in the State of Minnesota. An award of arbitration may be confirmed in a court of competent jurisdiction.
PAYMENTS AND MEMBERSHIP FEES: In consideration of GIDF accepting Member to the gym and providing the equipment, instruction, classes, activities and programs, Member agrees to pay the Membership Fee (“Fees”) due in accordance with this. Member agrees and understands that the Fees provided for in this agreement are for either class programs or the 24-hour/7 days a week open gym or a combination of both. Classes are 45 minutes each and the amount of classes Member may attend per week is based on the purchased program, either the 10-week program, monthly unlimited classes program or single class pass program. Fees will not be reduced as a result of Member’s schedule, attendance or withdrawal from the class program.Member acknowledges that a late fee of $30 will be charged for each late payment. GIDF offers a discount for Members that pre-pay Fees for class programs. However,Member accepts the risk that circumstances beyond their control may prevent their full use of the class program and that Member will not receive a refund of the pre-paidFees. Pre-paid Fees are not refundable and are non-transferrable. In the event of an illness or injury requiring an absence of 30 days or longer, the term of the selected class program may be extended in certain circumstances. Prior notice and approval is required to suspend a membership. All requests to suspend Member’s membership need to be emailed to firstname.lastname@example.org and approved by GIDF management.Member agrees and understands that the amount paid may include Fees and materials, including but not limited to boxing gloves, that cannot be returned after use. Member understands that he/she may regularly attend classes at the location(s) indicated only and may only use the facility during GIDF hours of operation and during regularly scheduled classes. Member agrees to comply with the class guidelines and posted gym policies. As further consideration for the GIDF accepting Member and providing the equipment, training and classes, Member represent that the Member is a) fully capable of participating in fitness kickboxing and group resistance training classes, b) that the health of the Member has been evaluated by a qualified physician, and c) that Member has not been prohibited from any type of exercise or physical activity.
PAYMENT OF FEES: Fees due are as follows: depending on the date of purchase, Member will pay proratedFees until the end of the month, and a full Fees will AUTOMATICALLY come out of the Member’s choice of debit or credit card account on the 1st of each month thereafter.
BOOKING CLASS – NO SHOW – NO CANCEL – ON TIME POLICY: There will be a$10.00 penalty Fee for if Member does not attend a class after Member booked the class and does not cancel their attendance at least two hours prior to the booked class start time. Member must cancel their booked class at least 120 minutes (2 hours) before the class start time to avoid the penalty fee. Member will be charged the penalty Fee within 24 hours of not attending the booked class.
MEMBER’S RIGHT TO CANCEL: To get a full refund, Member may cancel within three business days from the date of transaction, except when enrollment is for a 10 week or other time defined class program with limited participant capacity. Enrollment in such limited capacity programs may only be cancelled prior to the first class of the program. If Member cancels, any payments made under the agreement, less a $20 cancellation fee, will be returned within forty-five days following receipt by GIDF of Member’s cancellation notice. For unlimited class programs and the 24/7 Open Gym program, memberships must be cancelled before the end of month to prevent the account from getting charged for the next month’s Fees. After Member cancels,GIDF may request the return of membership cards or Key Fobs if provided to Member. To exercise the right to cancel this agreement, send, or deliver a signed and dated copy of a cancellation notice or any other written notice by certified or registered mail to GIDF Inc. 308 County Road 81 Service Road, OSSEO, MN 55369. (3 business days following enrollment).
JOINING/RE-JOINING FEES: Members are not charged a Fee to Join GIDF at the beginning of their initial-membership, however if a Member cancels their membership for any period of time and rejoins GIDF, there will be will a $50 rejoin Fee. Members may put their memberships on hold for up to 90 days for a Fee of $10 a month. After 90 days their Fee will resume at their regular monthly Fee.24/7 Open Gym By being enrolled and participating to our 24/7 Open Gym Space side, Member is 100% responsible for their own SAFETY. GIDF ask Members to always be careful. The Open Gym Space side has two exits signs, please be aware of them at all times. GIDF has on site cameras outside and inside of the premise for all Members protection and the protection of others. GIDF request that if you see any elicit activities, please notify any staff around or contact us at 612.207.4886 or by email at: email@example.com Any children between the ages 12-17 are welcome to come to the Open Gym Space side but must always be accompanied by a parent/guardian to access the Open Gym.
CLASS BOOKING: Please book your classes online. Booking is not mandatory but is subject to change, however booking your classes online will ensure you a spot in the class.There is no minimum quantity of attendees required for classes and you are not required to sign up, however, if no one signs up for an AM class by 9:00 PM the night before or 2 hours prior to a PM class, that specific class will be cancelled. Signing up will guarantee your spot in class. Classes will have a maximum capacity of 15. If you show up for a class that is already at its maximum capacity that you did not sign up for, you may use the 24/7 side of GIDF. If you are the only person to sign up for a class, the class will still take place. If you are the only one to show up for a class (that you did not sign up for) and no one else shows up, you may use the 24/7 side of GIDF.
MORNING CLASSES: Member must book classes by 9 pm the night before to secure a spot.
AFTERNOON/EVENING CLASSES:Member must book a class at least 2 hours before class begins, the earlier Member books the better chances to secure a spot before the class meets the maximum capacity. Please book if you know you will be able to attend.
CLASS CANCELATION: Member must cancel his or her spot at least 2 hours prior to class start time, if Member does not cancel at least 2 hours prior to the class start time, Member will charged the $10 penalty Fee within 24 hours.Member must purchase a Key Fob for $20 to get inside the Open Gym Space 24/7; if Member loses the Key Fob Member must inform GIDF immediately to deactivate it and ensure no one else will use it. Member must replace any lost Key Fob and will be charged $25 for the Key Fob replacement. If anyone other than the Member uses the Key Fob to work out Member will be charged $25 each time that other person comes in (e.g. if the person-other than Member uses the Key Fob three times a day, Member will be charged$75).Member MUST NOT bring any other person to use the Open Gym Space unless that person is a Member or is authorized to do so by GIDF management. All Members safety is very important to GIDF, if you feel dizzy or out of breath stop your workout immediately.
CHANGES/UPDATES TO THIS WAIVER OF LIABILITY AND CONSENT FORM: From time to time, GIDF may update this Waiver of Liability and Consent Form (“Form”) to comply with any changes in law or to gym policies. The intent of any changes will be to improve and clarify the language or be in compliance with new laws. New versions of the published Form will replace prior versions with published. Member agrees to new versions upon publication on GIDF website at www.getitdonefitness.com.
SEVERABILITY AND DURABILITY: If any clause, sentence, phrase or statement is found unenforceable or invalid by any court of law, the remainder of the document shall remain valid enforceable and the invalid clause, sentence, phrase or statement shall be considered struck from the document. This document is effective from the date signed with no expiration. Furthermore, the terms of this document are retroactive to the beginning of training and visiting the GIDF if this document was signed after that date.
CHOICE OF LAW: I understand and agree that the law of the State of Minnesota will apply to this contract.Acknowledgement and Understanding:I have read the above Waiver of Liability and Consent Form, and fully understand-its terms, including understanding that I am giving up substantial rights, including my potential right to sue. I acknowledge that I am signing the Consent freely and voluntarily, and intend by my signature to completely and unconditionally release the identified parties from and of all liability to the greatest extent allowed by law.
308 County Road 81, Service Road Osseo, MN 55369
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by my mere presence within this establishment and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, employees, volunteers, and program participants and their families. I hereby release the booked business from any and all claims arising from or in connection with any direct COVID-19 impact while visiting.
308 County Road 81, Service Road Osseo, MN 55369