Guest Liability and Waiver:
Each guest(s) of American Fitness Center shall be liable for any property damage and/or personal injury (caused by the member, member`s family, guest(s), or any other person) at American Fitness Center or any activity or function operated, arranged or sponsored by the American Fitness Center. Any unpaid damage claims, fees, or other costs owed to American Fitness Center by you will be pursued by American Fitness Center, and upon unsuccessful capture of the payment, you will be sent to collections for further processing using the information provided by you. It shall be the obligation of the member to pay for any costs involved upon the presentation of a statement thereof. Any and all use of the American Fitness Center facilities, or participation in, the American Fitness Center, activities operated, arranged or sponsored by American Fitness Center either on or off of the American Fitness Center’s premises by the Member,
Member’s family or guest(s) shall be AT SUCH PERSON’S OWN RISK, and American Fitness Center shall not be liable for any injuries or damages to such person, or the property of such person, or be subject to any claim, demand, injury or damages. If a court case arises, the member agrees to be responsible for any and all applicable attorney fees. The member individually, and on behalf of the member’s personal representative, heirs, administrators, assigns and successors does hereby expressly forever release and discharge American Fitness Center, its successors and assigns, as well as its officers, agents and employees from all such claims, demands, actions, or causes of action. This Agreement and Bylaws constitute the entire exclusive membership agreement between the parties. Any promise, representation, understanding, oral or written, pertaining directly or indirectly to the agreement which are not continued herein are hereby waived.
Any and all clients/guests/members are subject to a $25 Prohibited Access Fee for providing an unauthorized person access to the facility. Guests or any unauthorized persons are permitted access to the facility exclusively during active staff hours and while staff are on duty. If you bring an unauthorized person(s) into the facility after staff hours, you will be charged the prohibited access fee and may also be subject to immediate membership termination. If you are unable to access the facility with your access card after hours, you are considered unauthorized until your account becomes active. You acknowledge that it is prohibited to enter the facility after staff hours while your account is flagged, suspended, or terminated and that such conduct may be subject to a criminal trespass warning. Subsequent attempts to enter the facility without authorization may result in criminal or civil liability.
I acknowledge that use of the barcode system by someone other than me will subject the unauthorized user and myself to any and all applicable civil and/or criminal penalties. I acknowledge that, should I provide entry to an unauthorized person who harms or attempts to arm any person located at any facility owner or operated by American Fitness Center, I will accept the full applicable liability for my actions and furthermore agree to indemnify American Fitness Center for any resultant damages or liabilities. I agree to expressly forever release and discharge American Fitness Center, its affiliates and brands, its successors and assigns, as well as its officers, agents, and employees from all such claims, demands, actions, or causes of action which may accrue as a result of my use of the facilities.
COVID-19 Liability Waiver:
I understand and agree that the risk of COVID-19 infection cannot be eliminated through reasonable precautions taken by American Fitness Center. In consideration of being permitted to enter the premises, I further agree that I shall indemnify, defend, and hold harmless American Fitness Center, its members, managers, representatives, officers, agents and employees from all claims, suits, or actions related to COVID-19 infection arising out of my presence on the premises, other than deliberate acts or gross negligence by American Fitness Center, its officers, employees, trainers, and/or agents.
Confidentiality and Non-appropriation. You acknowledge that the confidentiality of trade secrets as to diet, exercise, and physical fitness methodologies employed by American Fitness Center and its employees, agents, and owners are critical to American Fitness Center’s success and that the business has invested substantial time, money, and effort in developing such confidential information. Therefore, during the term your membership and after termination thereof, you undertake not to reproduce, publish, use, disclose, show or otherwise communicate to any person or entity any of American Fitness Center’s trade secrets as to diet, exercise, and physical fitness methodologies, unless American Fitness Center expressly permits or instructs you to do so.
Defend Trade Secrets Act Notice. Notwithstanding any other provisions of this Agreement, you understand that he may be entitled to immunity and protection from retaliation under the Defend Trade Secrets Act of 2016 (“DTSA”) for disclosing a trade secret under certain limited circumstances. Specifically, under the Defend Trade Secrets Act of 2016, Employee understands
that an individual may not be held criminally or civilly liable under any federal or state trade secret law for disclosing a trade secret that: (i) is made (a) in confidence to a federal, state, or local government official or to an attorney; and (b) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed under seal in a lawsuit or other proceeding. Further, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the employer’s trade secrets to the attorney and use the trade secret information in the court proceeding if the individual: (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court order.
Dispute Venue and Jurisdiction:
Any and all legal claims or suits shall be tried in the jurisdiction of Fayette County, GA. I hereby consent to the jurisdiction of such a Court and further affirm that venue therein shall be proper. I do hereby waive, release and forever discharge to American Fitness Center, and its trainers, from any and all responsibilities or liability for any present and future injuries or damages resulting or arising from my, my family or friend(s), or my guest(s) participation in any activities including but not limited to exercise, personal training or use of the equipment including any injuries and damages caused by the negligent act or omission of any of those persons or entities mentioned in this agreement.
I acknowledge that I agree to and understand the waiver and release terms of American Fitness Center. I release American Fitness Center and its trainers from liability for injuries or damages resulting from my or my guests’ participation in activities or use of equipment.
