All exercises, including the use of weights and use of any and all machinery,
equipment, fixtures, tanning and apparatus designed for exercising, tanning, or
general use shall be at the member’s sole risk. Member understands that the
agreement to use or selection of exercises programs, methods and types of
equipment shall be the member’s entire responsibility, and The Hero Gym® LLC
shall not be liable to the member for any claims, demands, injuries, damages, or
actions arising due to injury to member’s person or property arising out of or
in connection with the use by member(s) of the services, facilities, and
premises of the Fitness Center. Member hereby holds The Hero Gym®, LLC, its
officers, owners, agents, and employees harmless from all claims which may be
brought against them by a member or on a member’s behalf for any such injuries
or claims. The Hero Gym®, LLC and its owners, employees and agents are not
liable for any injury to person or property caused in any way by the use of its
services or it premises. The Hero Gym®, LLC is not liable for the loss or theft
of any personal property. Each person is responsible for safeguarding his or her
own property.
THE HERO GYM® 24 HOUR ACCESS RULES AND ORIENTATION AGREEMENT
- Do not wear street shoes on equipment
- Clean weights, equipment, and cardio equipment after each use.
- Use your pin number every time you enter the building. If two people
enter the building, both must use their own pin numbers.
- Allowing others in the facility is prohibited (this includes other
members) and is subject to a $75.00 fine.
- Please turn off all lights, TVs and cardio equipment when leaving the
club after staffed hours.
- A signed guardian must be present with any members 13 years old or under
during unstaffed hours.
- No guests allowed.
- 24-hour security cameras monitor the facility and are viewed daily.
- Clean tanning bed before you start and especially after you are finished
tanning.
- Failure to follow the rules WILL result in a $75.00 fee and a loss of
24-hour access
FITNESS RELEASE AND WAIVER
The undersigned understands that there are risks associated with strenuous
concentrated physical exertion and with the exercise and other forms of physical
activity in which he/she will engage while at The Hero Gym®, including but not
limited to, abnormal blood pressure, fainting, disorders of heart beat and
instances of heart attack, which can be caused by increased heart and
respiration, poor physical conditioning prior to engaging in strenuous exercise,
lack of hydration limited to, sprains, muscle strain, blisters, stress
fractures, shin-splints, Achilles tendonitis, cartilage tears, bursitis, lower
back pain and metatarsalgia (bruising of joints).
The undersigned also understands that he/she should consult a physician
before engaging in any exercise programs or using the equipment and facilities
available at The Hero Gym®. The undersigned do/does not have any limiting
physical condition or disability, which would preclude an exercise program or
used of the equipment and facilities available at The Hero Gym®.
In consideration of the right to participate in exercise programs and other
activities offered by The Hero Gym®, the undersigned hereby assumes all risks
associated with the exercise programs and use of the equipment and facilities of
The Hero Gym®. The undersigned hereby waives, releases and discharges any and
all claims against The Hero Gym® and any owner, employee, and/or agent of The
Hero Gym® for personal injury(ies), death, and property damage and actions of
any kind which may hereafter occur to the undersigned or to any other person as
a result of a third party’s action or failure to take action, while at The Hero
Gym®.
TANNING RELEASE AND WAIVER:
Precautions are necessary for tanning. The undersigned agrees to comply with
all instructions on the use of the UVA Tanning System and that he/she is using
these services at his/her own risk and protecting his/her vision by using
approved tanning goggles. WARNING: This tanning device uses ultra-violet
radiation. Follow all instructions and avoid over-exposure. As with
natural sunlight, over-exposure can cause eye and skin injury and allergic
reactions. WARNING: Failure to use protective eyewear may result in
severe burns or long-term injury to eyes. Max exposure for these beds is 15
minutes every 48 hours. At no point can a person or persons tan more
than 15 minutes in a 48-hour period. Medications or cosmetics may increase your
sensitivity to the ultraviolet rays. Consult your physician before using the
tanning system if you are using medications or have a history of skin problems
or believe your skin is especially sensitive to sunlight. If you do not tan in
the sun, you are unlikely to tan from the use of the tanning system.
CANCELLATIONS:
This agreement may be cancelled by you (1) after your agreed upon contract
timeframe has been concluded and all monetary obligations have been fulfilled,
with a written 30-day notice to the address above, (2) if you become permanently
disabled and provide acceptable written evidence of this disability to The Hero
Gym® at the address above, or (3) if you permanently move your residence more
than 40 miles from an affiliated area, and provide acceptable verification of
the relocation to the address above. If you cancel for other than the
aforementioned reasons, you will be responsible for the remaining balance of
your contract, including any and all fees associated with the collection of said
balance. Failure to use the facilities at The Hero Gym® does not relieve you of
the obligation to pay for the membership in full. In the event The Hero Gym® LLC
permanently closes and ceases doing business, you are no longer obligated to
make payments under this agreement.
DEFAULT: Should you
default in your payment obligation, you agree to pay all costs of collection,
including court costs and attorneys’ fees.
NON-SUFFICIENT FUNDS: Should your account contain
insufficient funds on the date of collection, you will be charged all costs and
fees associated with the transaction(s).
LATE CHARGE: If your payment is more than 10 days late, you
will be charged $35.00 per month.
GUARANTEED RATES: After initial term, membership will
continue on a monthly basis with the above agreed rates, or member may cancel by
filling out the cancellation form (available at The Hero Gym®), 30-days prior to
the cancellation date. (ONCE THE INITIAL TERM HAS ENDED; see
Cancellations section).