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I acknowledge that my use of the Studio and participation in Studio Classes is expressly conditions upon my agreement to each of the terms of this document. I hereby acknowledge and agree as follows: 1. Use of the Studio involves physical exercise, sport, wellness and recreational activities that may cause injury. I understand that there is an inherent risk of injury when choosing to participate in any physical exercise, sport, wellness or recreational activities. My use of the Studio is a voluntary activity in all respect and I assume all risks of injury and illness that may result from such use. 2. I recognize and acknowledge that there are risks of physical injury and I agree to assume the full risk of any injuries, including death, damages, or loss which I may sustain as a result of participating in any and all activities arising out of, connected with, or in any way associated with my use of the Studio. I acknowledge participation and use of the Studio is voluntary. 3. I recognize that photos and/or videos may be taken of me as part of the Studio’s publicity, marketing, or advertising efforts and permit the unlimited distribution, advertising, promotion, assignment and exhibition of any promotional, advertising, or media product produced by the Studio. I agree that any photographs or videos taken by the Studio, its representatives, or its agents while participating at the Studio will be property of the Studio. 4. I do hereby fully release and discharge UP Fitness and its principals, agents, employees, affiliates, parent companies, subsidiaries, predecessors and successors-in-interest (collectively, the “Released Parties”) from any and all liability, claims and causes of action from injuries or illness, including death, damages or loss which I, on behalf of myself, may have or which may accrue to me on account of participation in all activities utilising the Studio. This is a complete and irrevocable release and waiver of liability. Specifically and without limitation, I hereby release the Released Parties from any liability, claim, or cause of action arising out of the Released Parties’ negligence. 5. I further agree to defend, indemnify, and hold harmless the Released Parties from any and all claims resulting from injuries or illness, including death, damages or loss, including but not limited to attorney’s fees, sustained by me arising out of, connected with, or in any way associated with, the Studio. 6. In the event of any emergency, I authorise the Released Parties to secure from any licensed hospital, physician and/or medical personnel any treatment deemed necessary for my immediate care and agree that I will be responsible for payment of any and all medical services rendered. 7. I have been advised by the Released Parties to consult with a physician before I undertake any physical exercise program. I certify that I am in good health and sufficient physical condition to properly use the Studio; that I am knowledgeable about the proper use of any equipment that I will use and the rules of any activities that I will participate in. I further certify that if I am not knowledgeable about the proper use of any equipment that I will use and/or the rules of any activities that I will participate in, I will become knowledgeable before I use the equipment. 8. The Released Parties are not responsible for any loss or theft of personal property brought to or left in the Studio and I release the Released Parties from any liability for such loss or theft. 9. I understand and agree to adhere to the Studio Policies attached hereto as Exhibit “A.” 10. Minors and Parents of Minors: Minors must disclose their age and exact date of birth before entering the Studio space. Minors under the age of 16 must be accompanied by a parent. All Minors under the age of 18 must obtain parental consent before using the Studio space. No minors under the age of 14 are allowed in UP Fitness classes, excepting, however, those Minors attending specialty programming classes designed for Minors under the age of 14 which requires parents to be present in the Studio during the entire specialty program class session. The Studio does not provide daycare services. 11. Parent Indemnification: Parent expressly agrees to defend, indemnify, and hold harmless the Released Parties from any and all claims resulting from injuries or illness, including death, damages or loss sustained by a minor participant, including but not limited to attorney’s fees, sustained by a minor participant arising out of, connected with, or in any way associated with, the Studio. 12. Pregnant Women: All pregnant women must have approval from their physician to begin a new exercise program. It is requested that you notify the Studio of your pregnancy prior to class commencement. I have read and fully understand the Acknowledgement and Release of Liability set forth above, including the permission to secure medical treatment and the release of all claims, including claims for the negligence of the Released Parties. This document is binding upon me and my heirs, children, wards, personal representatives, and anyone else entitled to act on my behalf.
If you need to cancel a class, please do so at least 4 hours prior to the start time. Any cancellations after the 4 hour period will result in a $10 fee to unlimited memberships or the loss of that class in the case of class packs. Cancellations may be made online or by using the UP Fitness app. Email and phone cancellations are not accepted. All class purchases are final.