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WAIVER AND RELEASE AND ASSUMPTION OF RISK AGREEMENT

 In consideration of {name} being permitted to participate in any way in the Moffit Training Systems LLC Personal Training Activities (“Activity”), I agree:

I understand the nature of Strength & Conditioning or Personal Training activities and believe I am qualified to participate in such Activity.  I further acknowledge that I am aware the activity will be conducted at my home or in a studio during the Activity.  I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.

I FULLY UNDERSTAND that: (a) Strength & Conditioning and Personal Training Activities involve risks and dangers of SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“Risks”); (b) these Risks and dangers may be caused by my own actions, or inaction’s, the actions or inaction’s of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred as a result of my Participation in the Activity.

I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS Moffit Training Systems LLC, any respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises on which the Activity takes place (each considered one of the “Releasees” herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the “Releasees” or otherwise, including negligent rescue operations and further agree that if, despite this release, I, or anyone on my behalf makes a claim against any of the Releasees named above, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE OR COSTS ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be governed by the laws of the State of California and resolved through arbitration rather than litigation in court. 

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND IT’S TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THAT THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.

{name}        

Printed Name of Participant  

This Gym Membership Agreement ("Agreement") is entered into as of the Effective Date (defined below) by and between:

Gym Name : Moffit Training Systems LLC
Address: 2809 Unicorn Rd Ste. 108 Bakersfield CA 93308
Phone: 661-303-5111
("Gym", "we", "us", or "our")

and

Member Name : {name}
Address: {address}
Phone: {phone}
("Member", "you", or "your")

Effective Date : {sign_date}

1. MEMBERSHIP TERM & TYPE

• Membership Type: {membership_title}
• Start Date: {sign_date}
• End Date: [Ongoing until cancelation]
• Automatic Renewal: [Yes]
  • Member will be billed based on the card or bank information they have provided. In the event of a cancelation (past the 5 days from sign up or after any subsequent months) the membership will remain active until the end of the billing cycle (1 calendar month from the previous billing date). In the event of a missed payment, the member will be notified via email. If the payment is not completed within 5 days off the missed payment, a $20 late fee will be charged to the member's account. 

2. MEMBERSHIP FEES

• Enrollment Fee: {signup_fee}
• Monthly Dues: {membership_fees}
• Annual Fee: $0.00
• Payment Method: Credit/Debit Card or Bank Draft
• Billing Date: Monthly from the start date of the membership 

Note: All fees are subject to applicable California sales tax.

3. CANCELLATION POLICY (Per California Civil Code § 1812.85)

You may cancel this contract without penalty or further obligation by providing written notice of cancellation within five (5) business days of the date you sign this Agreement.

To cancel, send a signed and dated notice by mail, email, or deliver it in person to:

email: info@moffittrainingsystems.com

address: 2809 Unicorn Rd. Ste. 108, Bakersfield CA, 93308

Refunds : If you cancel within the 5-day period, any payments made will be refunded within 10 business days.

If you cancel after the 5-day period, your membership will remain active until the end of the payment period.

4. ADDITIONAL CANCELLATION RIGHTS

You may also cancel this agreement under the following conditions:

• If you become disabled and are unable to use the facilities (verified by a physician), you are entitled to a prorated refund.
• If you move your residence more than 25 miles from any of our locations and provide proof of relocation, you are entitled to a prorated refund.
• If the facility closes or services are materially limited, and a comparable facility is not available within 25 miles, you are entitled to a prorated refund.

5. MEMBER RESPONSIBILITIES

• You agree to comply with all posted gym rules and policies.
• You agree not to misuse equipment or engage in inappropriate behavior.
• You agree to notify the Gym of any medical condition that may affect your ability to safely use the facilities.

6. FACILITY ACCESS

• Gym access is limited to the number of classes and times listed in the membership description.
• We reserve the right to modify hours or close for maintenance or holidays.

7. LIABILITY WAIVER

You acknowledge that use of the Gym involves inherent risks of physical activity and agree to hold the Gym harmless for injuries or damages not caused by gross negligence or willful misconduct.

8. DEFAULT & TERMINATION

Failure to pay fees when due or violations of this Agreement or gym rules may result in suspension or termination of membership.

9. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements. Any modifications must be in writing and signed by both parties.

10. GOVERNING LAW

This Agreement shall be governed by the laws of the State of California.

11. Arbitration Clause

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be governed by the laws of the State of California and resolved through arbitration rather than litigation in court.

MEMBER ACKNOWLEDGEMENT

I acknowledge that I have read, understood, and agree to the terms of this contract.

Member Signature : {name} Date: {sign_date} Parent or Guardian (if applicable):