Release of Liability
In consideration for being allowed to participate in the use of any and all equipment, health & fitness classes, workshops, and all other services, programs, and activities of TriFit LLC & TriFit MultiSport, in addition to the payment of any fee, membership, or charge: I, on behalf of my heirs, personal representatives, or assignees, do hereby knowingly, willingly and expressly waive any claim I may have against TriFit LLC & TriFit MultiSport for injury, damages, death, or property loss that I may sustain at TriFit LLC & TriFit MultiSport and I release, waive, covenant not to sue and forever discharge TriFit LLC & TriFit MultiSport, their directors, officers, agents, employees, representatives, successors and assignees, administrators, executors, independent contractors, managers, shareholders, officers, directors, affiliates, and CA-Colorado Center, LLC., a Delaware limited liability company, Equity Office Management LLC., a Delaware limited liability company and their respective agents, members, partners, employees, officers, directors, shareholders and lenders, and all others from the ordinary negligence of TriFit LLC & TriFit MultiSport or any of the aforementioned parties.
I recognize that physical activity by its very nature carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. TriFit LLC & TriFit MultiSport has facilities and programs that require physical exertion that may be strenuous and may cause physical injury and I am fully aware of the risks and hazards involved. The foregoing risks shall include, but are not limited to risks associated with observation, cycling classes, yoga classes, aerobics and aerobic classes, use of all fitness equipment, swimming pool, massage, pilates, all racquet sports, running, cycling, swimming, outdoor running, outdoor cycling, open water swims, retreats, clinics and camps, steam rooms, locker rooms, parking, theft, contagion, and environmental hazards. I agree to hold harmless and indemnify all of those mentioned, and others acting upon their behalf, from any responsibilities or liability for any injury, damage, or death to myself, including those caused by the negligent act or omission of any of those mentioned, or others acting on their behalf, or in any way arising out of or connected with my participation in any health & fitness classes, workshops, and all other services, programs, equipment and activities offered by TriFit LLC & TriFit MultiSport. I intend this RELEASE OF LIABILITY to be effective whether or not any loss, damage, injury or death RESULTS FROM THE NEGLIGENCE of TriFit LLC & TriFit MultiSport. I understand that negligence means a failure to do an act which a reasonably careful person would do, or the doing of an act which a reasonably careful person would not do, under the same or similar circumstances to protect him or herself, or others, from accident, injury or death. I agree to participate in any and all TriFit LLC & TriFit MultiSport activities at my own risk.
I represent and warrant that I am physically fit and I have no medical condition that would prevent my full participation in the use of any and all equipment, health & fitness classes, workshops, and all other services, programs, and activities provided by TriFit LLC & TriFit MultiSport. I acknowledge that I have had a physical examination and have been given my physician’s permission to participate in unrestricted physical activity. I acknowledge that my physician is aware of and approves the types of fitness activities I am participating in while I am at TriFit LLC & TriFit MultiSport.
I agree to be solely responsible for my own safety and to take every precaution to provide for my own safety and well-being while participating in activities sponsored or conducted by TriFit LLC & TriFit MultiSport, including inspecting all equipment and making my own assessment as to whether it is safe and free from all defects. I further understand that all outdoor activities are not coached or supervised, rather outdoor training is something that I am doing at my own risk without the supervision of any individuals, coaches or trainers. I assume all activities at my own risk.
I have read the above release and waiver of liability and fully understand its contents. I understand that I am giving up substantial rights including my right to sue. I have read the assumption of risk and fully understand its terms. I acknowledge that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by the State of California.
Membership Contract Agreement & Cancellation Policy
I authorize TriFit LLC & TriFit MultiSport to deduct my yearly membership dues from my bank account or my credit card on an annual basis. Subsequent debits will be made on or about the annual anniversary date of the first debit. Once an annual debit has been completed, refunds will not be granted. I agree that I am solely and financially responsible for all dues, fees, products and ancillary services that I purchase from TriFit LLC & TriFit MultiSport. This authorization is to remain effective in connection with the terms and conditions of this Membership Contract Agreement. I am aware that to cancel my recurring automatic debit for my annual membership dues I must notify TriFit MultiSport in writing via certified mail (TriFit Club & Studios, 2425 Colorado Ave, #120 Santa Monica, CA 90404) or email (email@example.com) and said notification must be received by TriFit MultiSport prior to the start date of the next debit cycle. *Emailing parties must provide valid proof of email submission in the event of cancellation request disputes.