This Waiver and Release of Liability (the “Waiver”) is made as of Date: (the date as listed below) by and between Obtain Strength, LLC, an Oklahoma limited liability company with its place of business located at 9520 East 55th St., Tulsa, Oklahoma 74145 and doing business as Obtain Strength (“OS”) and Name: (the name listed as below), an individual (“Member” and, together with OS, the “Parties”).
Member agrees to pay to OS a membership fee of $54.99 per mo. if single member or $84.99 per mo. if signing up as dual membership plus Oklahoma sales tax (the “Membership Fees”) and a one-time sign up fee calculated upon checkout, and agrees to the waivers and limitations of liability set forth below in inducement for OS to allow Member to use certain of OS’ gym and exercise facilities, subject to the constraints of Section 2 below.
In consideration for (1) OS’ promise to permit the Member access to certain gym and exercise facilities operated by OS, (2) Member’s promise to pay to OS the Membership Fees set forth above, (3) the other mutual promises and covenants contained herein, and (4) other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, having carefully read this agreement and intending to be legally bound, agree as follows:
1. Member understands that this is a binding legal agreement that affects his or her rights.
2. Member’s membership arrangement with OS is “at will” and may be terminated by either of the Parties, for any reason or no reason. If OS wishes to terminate the membership arrangement, OS may notify the Member in writing (including by email) or in person and such termination shall be effective immediately, or in at such time as OS shall state in the termination. If Member wishes to terminate the membership arrangement, he or she must notify OS via the Notice of Cancellation form which can be sent via email. If notice is given within less than 30 days of the following billing schedule (first of the month), Member will be charged for the following month during which they can use OS facilities. Each billing cycle begins on the 1st of each month and there is no way to prorate a portion of the month. Member agrees that, in light of this 30 day cancellation policy, Member may be required to pay last month of dues at the time of this Agreement or start of next billing cycle. Member agrees if membership payment fails on the 1st, there will be an additional $5 re-processing fee as well as a $10 late fee after the third. Member accepts that no will refunds whatsoever will be given on memberships paid in advance (6 and 12 month rates). OS also has a three month minimum membership commitment meaning that Member must make payments for at least three billing cycles and must pay membership for duration of that time whether they are using the gym or not.
Any such termination pursuant to this Section 2 shall remove any obligation for Member to pay the Membership Fees, and shall remove any privileges granted to Member to use OS’ facilities. Such a termination of membership arrangement pursuant to this Section 2 shall NOT terminate the waivers, limitations of liability or representations hereunder; all such provisions shall survive any termination of the membership arrangement or any purported termination of this agreement, as set forth in Section 12 hereof.
3. Member represents that he or she is aware that Member is engaging in physical exercise and that the use of OS facilities, equipment, merchandise, services, and programs (including but not limited to interaction with equipment that may not be present in other gym facilities, including filming and camera equipment and cables) involves an inherent risk of, and could cause, personal injury to Member and Member’s guests and invitees. Member understands that many of the risks inherent to physical exercise and the use of fitness equipment and facilities cannot be eliminated by OS. Member agrees to take extra caution during unsupervised hours and realizes there may be times when the gym is not staffed. Since exercise can be dangerous and result in serious injury or death, member voluntarily agrees to assume all risks of personal injury to Member and Member’s spouse, children, unborn children, other family members, guests or invitees whether the gym is staffed or is not staffed. Member waives any and all claims or actions that Member may have against OS or any of its investors, owners, employees, officers, subsidiaries, successors, or assigns (collectively, “Affiliates”) for any such personal injury or related claim (and no such person or entity shall be liable to Member or Member’s spouse, children, unborn children, other family members, guests, or invitees). Such injuries may include, but are not limited to:
a. Injuries related to filming equipment that may not be present in other gym facilities, including cameras, cables, boxes, and other related equipment;
b. Injuries arising from use of exercise equipment, weights, machines, or any other conditions, machines, or equipment of any sort on the premises;
c. Injuries arising from participation in supervised or unsupervised activities and programs on the premises of OS’ facilities;
d. Injuries arising from OS’ negligence, whether direct or indirect;
e. Injuries, disease, infection, or medical disorders resulting from exercising at OS’ facilities, including but not limited to heart attacks, strokes, heat strokes, heat stress, sprains, broken bones, or pulled, torn, or damaged muscles, ligaments, or tendons; and
f. Accidental injuries within any of OS’ facilities (including but not limited to parking lot, gym floor, lobby, bathrooms) caused by any source whatsoever.
4. Member waives any and all claims against OS or its Affiliates that Member may have under Oklahoma’s consumer protection statutes, or the consumer protection statutes of any other jurisdiction.
5. Member understands that OS cannot eliminate the risks associated with physical exercise. Member represents and warrants to OS that he or she is voluntarily participating in these activities, and is voluntarily executing this waiver. Member understands and makes the following representations to OS:
a. Member is hereby advised that Member should be physically fit for exercise activities contemplated under this Waiver, and by his or her signature below represents to OS that Member is fit for physical exercise activities.
b. Member is hereby advised that Member should consult a doctor before engaging in physical exercise activities contemplated under this Waiver, and by his or her signature below represents to OS that Member is fit for physical exercise activities.
c. Member will use all pins, straps, and other safety mechanisms on squat racks, bench presses, and other machines and will not lift in a way that in unsafe and will lift in a responsible manner. Member will use a spotter when going for a "one rep maximum" on a specific lift such as but not limited to the squat or bench press. It is Member's responsibility to make sure safety mechanisms are set to proper height to ensure Member's safety prior to lifting. Failure to use safety mechanisms can cause serious injury or death.
d. Member is hereby advised that this Waiver is a binding legal agreement, and by his or her signature below represents to OS that Member has had an opportunity to consult with an attorney.
6. Member understands that OS records and broadcasts promotional and instructional YouTube videos, webcasts, podcasts, photos, and other fitness-related media in and from its gym and exercise facilities on a regular basis. Member understands that this is a central element of OS’ business model. Member further understands that OS may from time to time take promotional photographs inside the gym. Member hereby grants OS a perpetual, royalty-free license to the use of Member’s photograph, image, and likeness for any photos, videos, sound recordings, multimedia material, or similar things recorded inside or around OS’ gym and exercise facilities, whether Member is identifiable or not. Member waives and agrees to indemnify and hold harmless OS from any claims whatsoever Member may have based on such video, photos, or multimedia.
7. Member acknowledges and understands that OS and its Affiliates do not manufacture the fitness or other equipment at OS’ gym and exercise facilities, and does not manufacture any supplements or food products. Accordingly, Member agrees to release and hold harmless OS and its Affiliates from any liability or alleged liability arising from defects in such products.
8. This Waiver constitutes the entire agreement and understanding between the Parties. This Waiver supersedes any prior agreements and understanding. OS has made, and Member has relied upon, no other representations or warranties, verbal or otherwise. If any term or provision of this Waiver is found by a court of competent jurisdiction to be invalid, the Parties agree that the remainder of the Waiver shall nonetheless remain in force; the Parties further agree that the court should attempt to, as nearly as possible, give effect to the intent of the Parties if it invalidates such a term.
9. In the event of a dispute under this Waiver, Member waives any claim that it may have to punitive or consequential damages. Member waives any claim to damages under this agreement or for any cause related to the gym and exercise facilities (whether for contract, tort or other cause) beyond the total amount of Membership Fees paid to OS.
10. IN THE EVENT OF A DISPUTE UNDER THIS AGREEMENT, MEMBER IRREVOCABLY WAIVES HIS OR HER RIGHT TO A JURY TRIAL. MEMBER HEREBY AGREES THAT EXCLUSIVE JURISDICTION AND VENUE FOR ANY DISPUTE HEREUNDER SHALL BE THE COURTS OF TULSA COUNTY, OKLAHOMA.
11. Member shall indemnify OS and its Affiliates (each an “Indemnified Party”) and save and hold each of them harmless against and pay on behalf of or reimburse any such Indemnified Party as and when incurred for any losses which such Indemnified Party may suffer, sustain or become subject to, as a result of, in connection with, relating or incidental to or by virtue of any claim that is the subject of this Waiver, including attorney fees.
12. Notwithstanding anything else herein to the contrary, the limitations of liability, waivers, representations, and other provisions of this Waiver shall survive the termination of the Member’s membership arrangement with OS and any purported or actual termination of this Waiver, and shall continue indefinitely for the longest time as permitted by applicable law.
I, THE UNDERSIGNED MEMBER, HAVE CAREFULLY READ THIS WAIVER, WHICH STATES THAT I ASSUME ALL RISKS OF INJURY AND RELEASE OS OF LIABILITY.
Obtain Strength, LLC:
By: Michael Kory