LIABILITY WAIVER & TERMS OF USE
I have agreed of my own accord to participate in the Rise with ONYX, LLC DBA Assemble (hereinafter “Assemble”) fitness programs, which I understand is a program of guided physical exercise and nutrition, including, but not limited to, group and personal training, functional strength training, yoga, flexibility development, and aerobic exercise (“Activities”), suggested foods, portions and supplements (“Nutrition”) under the guidance of Personal Trainers and Group Fitness Instructors (“Trainers/Coaches/Instructors”).
Acknowledgement of Health
I declare myself physically and mentally sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in training sessions, nutrition, supplementation or my use of Equipment (as defined below). I acknowledge I have been informed of the need for a physician’s approval for my participation in an exercise/fitness activity or in the use of Equipment. I recognize it is my sole responsibility to obtain an examination by a physician prior to involvement in any exercise, nutrition or supplementation program. I acknowledge I have either had a physical examination and been given my physician’s permission to participate, or if I have chosen not to obtain physician’s permission prior to beginning this exercise, nutrition and supplementation program with the coaches/instructors/trainers, I acknowledge I am doing so at my own risk.
Equipment
Assemble will provide any equipment or machinery to be used in connection with workouts, including, but not limited to treadmills, rowers, skiergs, stationary bikes, sandbags, medballs, barbells, yoga trapeze, TRX, dumbbells, kettlebells, slam balls, and similar items (“Equipment”). I acknowledge that although Assemble takes precautions to maintain the Equipment provided, equipment may malfunction and/or cause Injuries and changes (as defined below) and I take sole responsibility to inspect any and all equipment.
Assumption of Risk
I understand and am aware that activities and nutrition, including the use of equipment, are potentially hazardous activities. I acknowledge the possibility that injuries and physical and mental changes (“Injuries and Changes”) arising during and/or resulting from engaging in activities and nutrition does exist. Injuries and changes include, but are not limited to, abnormal blood pressure, fainting, disorders in heartbeat, heart attack, and, in some instances, death. I understand Injuries and Changes could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life. I am voluntarily participating in activities and nutrition and using equipment with knowledge of the dangers involved. I understand and take sole responsibility for any and all Injuries and changes that may occur to myself, related to any and all activities associated with trainers’ direction, even if not specifically set forth in this document, whether or not they fall within the scope of reasonably foreseeable injuries related to such activities and nutrition, and whether or not undertaken in trainers’ presence. Although ASSEMBLE and trainers will take precautions to ensure my safety, I expressly assume and accept sole responsibility for my safety and for any and all Injuries and changes that may occur.
Media Waiver and Release
I consent to being photographed, interviewed and/or videotaped by representatives of ASSEMBLE. Any information or images obtained from those activities may be reproduced by Assemble, and/ or the public media for use in advertising, publicity or educational activities, including but not limited to web sites, publications, videos, print and television news. I hereby waive any claims I may have and release ASSEMBLE and its representatives from liability of claims arising out of such activities.
Waiver and Release of Liability
In consideration of Trainer agreement to instruct, assist, and train me, I hereby agree to hold harmless Assemble, Trainers, their respective representatives, executors, agents, and assigns from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected to my participation in any and all Activities and Nutrition, use of Equipment, or any and all acts or omissions, including negligence by SISU, Trainers and their representatives. This waiver and release of liability includes, but is not limited to, (a) Injuries and Changes to myself and/or others, including but not limited to Trainers, that may occur as a result of (i) Equipment that may malfunction or break; (ii) any and all defects, latent or apparent, in the design or condition of Equipment; (iii) any and all slips, falls, or dropping of Equipment; (iv) any and all improper maintenance of Equipment or facilities; (v) any hazardous condition that may exist on the premises, including, but not limited to, the specific workout area; and (vi) Trainers’ negligent instruction or supervision; (b) damage to property, including but not limited to, Equipment and the premises.
Conclusion
I acknowledge and agree no warranties or representations have been made to me regarding the results I will achieve from this program. I understand results are individual and may vary. I acknowledge I have thoroughly read this waiver and release and fully understand it is a waiver and release of liability. By signing this document, I am waiving any right I, or my heirs and/or assigns, may have to bring any and all legal actions or assert any and all claims against Assemble and Trainers, their respective representatives, executors, and/or assigns. I represent and warrant I am signing this agreement freely and willfully and not under fraud or duress. I further represent and warrant no social relationship exists between Assemble, Trainers and me, or if such a social relationship exists, for purposes of my training sessions, Assemble, Trainers and I have assumed a strict business relationship, and I understand any social relationship does not render this waiver invalid. These exculpatory clauses are intended to apply to any and all activities occurring during the time for which I have contracted with Trainers.
By signing this waiver, I agree that is in no way responsible for the safekeeping of my personal belongings while I attend class. I understand that classes at may be physically strenuous and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise. I have read, understood and completed this Waiver and Release of Liability. Signing this document confirms the validity of this form.
Dress Code + Additional Items Policy:
Assemble wants you to come to class fully prepared for strenuous activity; for maximal effort conditioning workout: clean indoor workout shoes, athletic shorts/pants, athletic shirt, towel and water bottle; for yoga classes: athletic shorts/pants, athletic shirt, yoga block, towel and water bottle.
We reserve the right to refuse you entrance into the studio if you are not properly attired.
Under 18 Years of Age Policies:
All ages below 18 require a foundations course prior to attending classes. Ages 12-15 must be accompanied by a parent or legal guardian in the workout at all times. Ages 16- 17 are permitted to workout without parental supervision or accompaniment.
The member also expressly acknowledges that by signing below he or she is relinquishing all rights he or she may have to sue ASSEMBLE for injuries arising out of the use of its premises, facilities or its services. This release is intended to be interpreted as broadly as allowed under Washington State law.
For Unlimited Memberships
• You will be charged a $10 late fee (plus tax) for any cancelation less than 3 hours before class, all no shows are a $20 fee.
• No refunds for unused weeks of gym access (traveling, work, medical, etc.) unless written consent with owner shows otherwise
• All auto-pay memberships are 6-month minimum contract unless approved otherwise, and all cancelations require a 30 day notice.
For All Punch Card Users:
• You may not transfer class(es) to any other person
• Late cancel from class (less than 3 hour before class) will result in the loss of one of paid sessions.
• No refunds for unused classes (traveling, work, medical, etc.) unless written consent