24 Hour Access Waiver and Agreement
I understand and agree that my Zero-Point Athletics, LLC 24 hour Access membership is a special membership based on trust and is a privilege, which can be taken away immediately for a violation of rules. As a Zero-Point Athletics, LLC member I agree to abide by all Zero-Point Athletics, LLC membership rules which will be posted at the facility or the website and may be amended from time to time at the sole discretion of Zero-Point Athletics, LLC. A full copy of the current rules for the fitness center is attached. The additional rules below apply to a Zero-Point Athletics, LLC membership:
I agree that improper unauthorized use of the facility may result in member suspension or cancellation. I agree not to let anyone use my card for any reason, and I agree to report any situation that appears to be card sharing to the manager. I understand that one act of card sharing will result in immediate membership suspension or termination. Zero-Point Athletics, LLC reserves the right to suspend or cancel the rights, privileges and membership of any member whose actions are detrimental to the use, safety, and enjoyment of the facilities.
No supervision- I understand that I am purchasing a Zero-Point Athletics , LLC membership at a facility that allows access at any time. As such, I am aware that there will be no supervision or assistance except during staffed hours. Staffed hours may change at the sole discretion of Zero-Point Athletics , LLC. I am aware that if I get injured, become unconscious, suffer a stroke or heart attack or any other medical emergency or event that there will likely be no one to respond to my emergency and that Zero-Point Athletics , LLC has no duty to provide assistance to me while I am at the fitness center during non-staffed hours. I understand that even though Zero-Point Athletics , LLC is equipped with surveillance cameras, help will not be available during non-staffed hours.
Acknowledgement of Risk and Waiver of Liability- I voluntarily assume the risk of injury, accident, death, loss, cost or damage to my person or property which might arise from my use of Zero-Point Athletics , LLC, and I agree to hold harmless and release the Zero-Point Athletics , LLC and all affiliated corporations, and its officers, directors, board members, agents, employees, representatives, executors, and all others from any and all liability. I also release all of those mentioned and any others acting on their behalf from any responsibility or liability for any injury or damage 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 activities or the use of any equipment at Zero-Point Athletics , LLC.
Cleared for exercise– I certify that I am in good physical health and I am able to undertake and engage in the range of physical activities in which I choose to participate at Zero-Point Athletics , LLC. I assume all responsibility for updating the facility with respect to any changes in my physical or mental condition and for reporting all injuries sustained at the facility to the fitness center staff. I understand and am aware that strength, flexibility, aerobic and anaerobic exercise, including the use of any equipment, is a potentially hazardous activity. I also understand that fitness activities involve a risk of injury and even death and that I am voluntarily participating in these activities and using equipment with knowledge of all the dangers involved. I do hereby agree to expressly assume and accept any and all risks of injury or death either accidental or otherwise. This waiver, release and indemnification agreement includes, without limitation, all injuries which may occur as a result of (a) my use of all amenities and equipment in the facility and my participation in any class, activity or personal training, (b) sudden unforeseen malfunctioning of any equipment and (c) my slipping or falling while in the facility, on the facility premises, including adjacent sidewalks and parking areas. I acknowledge that I have carefully read this waiver; release and indemnification agreement described in Section 5 and 6 and fully understand that it is a full and complete release of all liability.
General- This contract represents the complete understanding between you and Zero-Point Athletics , LLC. No representations, written or oral, other than those contained in this contract are authorized or binding upon Zero-Point Athletics , LLC. Should any part of this agreement due to legal or other regulatory changes become unenforceable, the remaining provisions within this agreement not impacted by such change shall remain in full force as originally written. You agree to promptly update Zero-Point Athletics , LLC of any changes of address, phone, e-mail address and/or bank account/credit card information.
Staffed Hours: Monday – Friday 5:00am-11:00 am, 4:30pm-7:30pm & Saturday 8am-10 am.
You have agreed to purchase a membership at Zero-Point Athletics , LLC that allows you access at any time. As such, you are aware that there will be NO SUPERVISION OR ASSISTANCE DURING CERTAIN HOURS. You are also aware that if you are injured, become unconscious, suffer a stroke or heart attack , that there will likely be no one to respond to your emergency and this facility has no duty to provide assistance to you.
Even though this facility is equipped with surveillance cameras, if it is likely that you should require immediate assistance, none will be provided. We HIGHLY recommend that you have a workout partner (must be another member with 24 hour access) accompany you while at the facility, but it is entirely up to you.
Because physical exercise can be strenuous and subject to risk of serious injury, the club urges you to obtain a physical examination from a doctor before using any exercise equipment or participate in any exercise activity. You (each member, guest, or participant) agree that if you engage in any physical exercise or activity, or use any club amenity on the premises or off premises including any sponsored club event, you do so ENTIRELY AT YOUR OWN RISK. You agree that you are voluntarily participating in the use of this facility AND ASSUME ALL RISKS of injury, illness, or death. We are also not responsible for loss of any of your personal property.
Express assumption of risk: I, the undersigned, am aware that there are significant risks involved in any physical training regimen. These risks include, but are not limited to: falls which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment. Injury may also result simply from the fact of physical training itself. By its very nature, physical training seeks to have me push beyond my limits in order to produce a physical adaptation by my body. This requires feedback from me to my trainer regarding what is happening with my body. Excessive work can result (in rare cases) in exertional rhabdomyolosis. I should look for signs of excessive soreness, darkened urine, and pain in the kidney areas in the days following a particularly intense workout. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s).
I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while training with Zero-Point Athletics.
I acknowledge that I have no physical impairments or illnesses that will endanger myself or others.
Release: In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities available at Zero-Point Athletics , I, the undersigned hereby release Zero-Point Athletics , their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
Indemnification: The participant recognizes that there is risk involved in the types of activities offered by ZPA. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Zero-Point Athletics , their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by ZPA.
I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.
This waiver and release of liability includes without limitation, all injuries which may occur, regardless of negligence, as a result of;(a) your uses of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment and (c) your slipping and/or falling while in the club, or on the club premises, including adjacent parking areas and sidewalks. You acknowledge that you have read carefully this “waiver and release” and fully understand that it is a RELEASE OF LIABILITY. You expressly agree to release and discharge the club, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring legal action against the club for negligence, personal injury or property damage. We do have set guidelines in place that ensure the safety and comfort of all members at all times. Members and guests acknowledge that you are physically able to engage in any activity, program or training provided and agree that all exercises and use of this facility are undertaken at your sole risk. You also agree to accept full responsibility for all personal belongings.
We prohibit the use of our facilities of any use of personal trainer’s not employed or insured trainers by Zero-Point Athletics , LLC. Violators will have there membership terminated and under no circumstance will any money for the membership be refunded.
Non-Payment of any charge constitutes default in the agreement. If monthly account payment is not received with in l0 days of its due date members 24 hour access will be disrupted. Member agrees to pay a $15 reactivation fee for reinstatement of 24 hour access privilege.
Other Facility Policies:
Management of Zero-Point Athletics , LLC may suspend or cancel the rights’ privileges, or membership of any member in default under this agreement or whose actions are detrimental to the enjoyment of the club by other members. Any illegal activity will be reported to the authorities. Failure to abide by health club rules and regulations also constitutes default.
Waiver and Release of Liability
Zero-Point Athletics
1103 Calimesa Blvd. Calimesa, CA 92320
Zero-Point Athletics recommends that you clear your participation in any exercise program with your physician.
INFORMED CONSENT/ASSUMPTION OF RISK: I agree to participate in one or more physical fitness program(s)/class(es) sponsored by Zero-Point Athletics, which may include, but not necessarily be limited to Cross Fit Training, Olympic Lifting Classes and/or training of any kind by any affiliate, subsidiary or partnership of ZeroPoint Athletics and/or Taylor Fakas and Nicholas Linares (hereinafter collectively referred to as Zero-Point Athletics). Zero-Point Athletics made me fully aware that the fitness programs/classes, which Zero-Point Athletics offers and in which I desire to participate, are of a nature and kind that are extremely strenuous and can/may push me to the limits of my physical abilities. I the undersigned recognize and understand that the programs/classes are not without varying degrees of risk, which may include, but are not limited to the following:
Injury to the musculoskeletal and/or cardio respiratory systems which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment, or injury or death due to a medical condition, whether known or unknown by me. I am aware that any of these above mentioned risks might result in serious injury or death to myself and or my partner(s).
Express assumption of risk: I, the undersigned, am aware that there are significant risks involved in any physical training regimen or equipment use. These risks include, but are not limited to: falls which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment. Injury may also result simply from the fact of physical training itself. By its very nature, physical training seeks to have me push beyond my limits in order to produce a physical adaptation by my body. This requires feedback from me to my trainer regarding what is happening with my body. Excessive work can result (in rare cases) in exertional rhabdomyolosis. I should look for signs of excessive soreness, darkened urine, and pain in the kidney areas in the days following a particularly intense workout. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while training with Zero-Point Athletics.
I acknowledge that I have no physical impairments or illnesses that will endanger others or myself.
Release: In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities available at Zero-Point Athletics, I, the undersigned hereby release CrossFit and Zero-Point Athletics, their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with Zero-Point Athletics to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.
Indemnification: The participant recognizes that there is risk involved in the types of activities offered by CrossFit & Zero-Point Athletics. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless CrossFit and Zero-Point Athletics, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by CrossFit & Zero-Point Athletics.
I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights. I also understand that I must provide Zero-Point Athletics 30 days notice of any cancellation of any agreement. An example of this would be if I wish to cancel my membership on January 1st, 2017, I must give my notice in writing by December 1st, 2016. Weekends are included in the 30 day period. I understand that Zero-Point Athletics will allow memberships to be placed on hold for up to 60 continuous days. After 60 days the membership will be cancelled and the client can return but they will re-join at the current going membership rate.
Use of Sauna: The use of saunas may have many health benefits; however it is important that you fully understand how to use the sauna and gradually introduce your body to the sauna therapy to produce the best results. In all situations, hydration is a requirement for sauna use. Drinking filtered water or even advanced electrolyte replacement water is recommended before and after sauna use. If I am feeling ill or light headed it is recommended I step out of the sauna slowly and take ten breaths in/out to regain equilibrium. If for any reason I am injured or faint while using the sauna, I do not hold Crossfit or Zero-Point Athletics responsible for my injuries.
Risks of Whole Body Cryo-Plunge: Fluctuations in blood pressure (due to peripheral vasoconstriction), may briefly increase by up to 10 points systolically during treatment. This effect should reverse after the end of the procedure, as peripheral circulation returns to normal. Possible headache, allergic reaction to extreme cold (rare), claustrophobia, anxiety, activation of some viral condition (cold sores) etc. due to stimulation of the immune system are also included.
WAVIER OF LIABILITY AND HOLD HARMLESS AGREEMENT: In consideration for using the cryo device (Equipment), I hereby RELEASE, WAIVE, DISCHARGE, and HOLD HARMLESS Zero-Point Athletics, its officers, servants, agents, employees and volunteers (hereinafter referred to as RELEASEES) from any and all liability, claims, demand, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by any person while using the equipment or due to the use of the equipment.
I hereby confirm that no warranty or guarantee, or other assurance, has been made to me covering the results of the cryo process, and I hereby relieve them and hold them harmless from all liabilities for injury or damage that may occur to me. I fully understand the administration of the process, including possible adverse reactions, side effects or other possible complications. It is understood that this CONSENT is being given in advance of any administration of the process, and is being given by me voluntarily to use the Equipment.
I am fully aware of the risks and hazards connected with the use of the Equipment, including the risk of physical injury or disability as the result of such injury, and I am voluntarily participating in said Equipment, including the risk of physical injury or disability as the result of such injury, and I am voluntarily participating in said Equipment usage, and entering the above named premises to engage in such usage. I VOLUNTARILY ASSUME FULL RESPONSIBLITTY FOR ANY RISKS OF LOSS
PROPERTY DAMAGE OR PERSONAL INJURY that may be sustained, or any loss or damage to property as a result of being engaged in such activity.
I further herby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs that may incur due to the use of Equipment by me.
It is my express intent that this Release and Hold Harmless Agreement shall bind the members of my family and spouse (if any), if I am alive, and my heirs, assignees and personal representative; however, if I am not alive, it shall be deemed as a RELEASE, WAVIER, AND DISCHARGE of the above named RELEASES.
I hereby further agree that this Wavier of Liability and Hold Harmless Agreement shall be constructed in accordance with the laws of the State of FLORIDA.
I understand that the RELEASEES will not be responsible for any medical costs associated with any injury.
I understand with Cryo-Plunge is provided for the basic purpose of relaxation, stress reduction, relief of muscular tension, recovery from muscular tension, recovery from surgery, illness or injury. I further understand that Whole Body Cryotherapy should not be construed as a substitute for medical examination diagnosis or treatment, and that I should see a Physician, Chiropractor or other qualified medical specialist for any mental or physical ailment that I am aware of.
I understand that Cryo-Plunge therapists are not qualified to perform skeletal adjustments, diagnose and/or prescribe, and that nothing said in the course of the session should be construed as such.
Because Cryo-Plunge is contraindicated under certain conditions, I affirm that I have stated all my known medical conditions and answered all questions honestly. I agree to keep the therapist updated as to any changes in my medical profile and understand that there shall be no liability on the therapist’s part should I forget to do so.
Use of picture(s)/film/likeness: I agree to allow Zero-Point Athletics, its agents, officers, principals, employees and volunteers the a picture(s), film and/or likeness of me for advertising purposes. In the event I choose not to allow the use of the same for said purpose, I agree that I must inform Zero-Point Athletics of this in writing.
