Liability Waiver and Membership Agreement
Coreo Fitness is a locally owned and operated boutique fitness studio (“Studio”) operated by Coreo Fitness LLC and located at 508 1st Ave N, Seattle, WA 98109.
This liability waiver and membership agreement (“Agreement”) is a warning, assumption of risk, release of liability, and indemnification agreement between you (“you,” “Member,” “Participant”) and Coreo Fitness LLC (“Coreo Fitness” “us,” “we”). Please read carefully.
Coreo Fitness offers physically demanding bungee, dance, and fitness classes. Coreo Fitness strongly recommends you consult with a medical professional before beginning of modifying your exercise routine.
You voluntarily desire to participate in physical exercise classes offered by Coreo Fitness in its facilities. By signing this Agreement, you agree to abide by the following terms and conditions:
1. Assumption of Risk
1.1. You understand that an unavoidable risk of serious injury will always exist when participating in any cardiovascular exercise, barefoot exercise, interval training, body building, or strength training routine, including the Coreo Fitness exercise routines, despite the implementation of all reasonable precautions by Coreo Fitness and its instructors. Not all hazards and dangers can be foreseen.
1.2. You understand there are significant risks of injury associated with participation in any exercise routine, and you may experience certain adverse physical changes during Coreo Fitness’s exercise routines. These risks include, but are not limited to: knee, back, or foot injuries; muscle strains, pulls or tears; abnormal blood pressure; fainting; heart rhythm disorders or heart attack; stroke; or even death. You further understand that certain prescribed medications may exacerbate those physiological changes and create an even greater risk of physical injury or death.
1.3. You understand that Coreo Fitness classes are not suitable to take if you are pregnant, if you have given birth within the last six months, or if you have given birth by cesarean section within the last 12 months.
1.4. You certify that you are: (i) physically sound; (ii) have medical approval to proceed with physical exercise; and (iii) are not aware of any physical limitations, medical conditions, or other circumstances that would be aggravated or increase your risk of illness or injury as a result of participating in Coreo Fitness’s exercise routines.
1.5. With full acknowledgment of these risks, you knowingly and voluntarily choose to participate in Coreo Fitness’s exercise routines and expressly assume all risks and dangers of physical exercise, whether or not described above, known or unknown, inherent or otherwise.
2. Indemnification. You agree not to sue and to release from all claims, costs, demands, expenses, and causes of action against Coreo Fitness LLC and its members, principals, owners, officers, directors, instructors, employees, agents, representatives, successors, and assignees (each a “Released Party”) for any property damage, injury or loss to you, including death, that you may suffer, which arises in whole or in part out of your participation in Coreo Fitness’s exercise routine. This release includes a release of those claims based on any Released Party’s alleged or actual negligence, breach of any contract or express or implied warranty, or the use of any equipment located at the Studio, whether known or unknown. By agreeing not to sue, you release any right to make a claim or file a lawsuit against any Released Party.
By signing this Agreement or by using the Studio, you also agree to defend and indemnify each Released Party from any and all claims arising in whole or in part from your use of the Studio and participation in Coreo Fitness’s exercise routines and any breach of this Agreement. You agree to pay all costs and attorney’s fees incurred by any Released Party in defending a claim or suit brought by, because of, or on behalf of you.
3.1. You acknowledge that Coreo Fitness will provide bungee, dance, and fitness classes and related equipment, namely bungee cords and harnesses. You agree not to use any defective equipment and to immediately report any defective equipment to a Coreo Fitness employee.
3.2. You agree that all text, images, illustrations, artwork, audio and video clips, design, graphic material, trademarks, service marks and trade names, and all intellectual property rights associated with Coreo Fitness and this Agreement are the sole and exclusive property of Coreo Fitness.
4.1. Arrival. You must arrive at least ten minutes before class. If you arrive late, we cannot guarantee entry into the class for safety reasons.
4.2. No Show. You understand that if you reserve a space in a class with a Membership Pass and do not attend that class or fail to cancel 12 or more hours in advance of the class, you will be charged for that class. If you reserve a space in a class with an unlimited Membership Pass or unlimited Membership Plan and do not attend that class or fail to cancel 12 or more hours in advance of the class, $20 will be charged to your credit card on file. We will make no exceptions.
5. Class Cancelation
5.1. You may cancel your class reservation up to 12 hours before the class start time without penalty. If you reserve a class with a pass and cancel your class reservation within 12 hours of the class start time, you will be charged for the class. If you reserve a class with an unlimited Membership Pass or unlimited Membership Plan, and cancel your class reservation within 12 hours of the class start time, $20 will be charged to your credit card on file. We will make no exceptions.
5.2. You understand that instructors and classes are subject to change or cancelation without notice.
6.1. You may sign up for a class waitlist. If you sign up for the waitlist, you may be automatically enrolled in the class up to 18 hours before the class.
6.2. You will be notified of your enrollment in a waitlisted class by email or text, depending on your notification preferences.
6.3. If you sign up for the waitlist and later decide you no longer wish to attend the class, you must remove yourself from the waitlist or cancel the class at least 12 hours before the class start time. If you do not remove yourself and become enrolled in the class, you will be subject to Coreo Fitness’s cancellation policy.
7.1. You agree to abide by any rules and regulations for use of the Studio that may be promulgated from time to time by Coreo Fitness. Coreo Fitness is not responsible for the loss or damage of any valuables you bring to or store at the Studio. You must not interfere or prevent other participants from using and enjoying the Studio and classes. Coreo Fitness does not permit and will not tolerate any inappropriate conduct. Inappropriate conduct includes, without limitation, using loud, abusive, offensive, insulting, or demeaning language, lewd conduct, or any conduct that harasses or is bothersome to members, guests, or Coreo Fitness employees.
7.2. You agree to not engage in any activity at Coreo Fitness while under the influence of alcohol or any controlled substance. Coreo Fitness does not permit smoking, alcohol, or controlled substances, including steroids, in any of its facilities. You further agree not to carry weapons of any kind to or into Coreo Fitness facilities. You agree to wear fitted clothing and shoes with non-marking soles.
7.3. You understand that taking photos or filming of others is not permitted without their prior knowledge and consent.
8. Non-solicitation. Coreo Fitness facilities are for the private use of members only and are not open to the public. Any solicitation within Coreo Fitness facilities is not allowed.
9.1. You understand and acknowledge that Coreo Fitness will occasionally send promotional opportunities, marketing materials, appointment reminders, and other communications via e-mail. If you do not wish to have your e-mail address used by Coreo Fitness to promote Coreo Fitness products or services, you can opt- out by unsubscribing by following the link found at the bottom of the promotional e-mail. This opt out does not apply to communication provided to Coreo Fitness as a result of a service purchase, class packages, billing information, late charges, product service experience or other transaction.
9.2. You acknowledge that from time to time Coreo Fitness may photograph or film you participating in programs or activities for use and publication in various publications or media, including but not limited to its website, brochures or materials, informational, promotional or marketing materials, and social media. You expressly grant Coreo Fitness, and its successors or assignees, the right to use and publish your photographs and videos, for the uses described in this section, without compensation or payment.
10. Membership Passes
10.1. You may select to purchase a membership plan that will allow you to attend a predefined number of classes. You may purchase 1 or 3 or 5 or 10 or 20 classes, or you may be allowed to attend a class for free. Such a membership plan is called a “Membership Pass.”
10.2. Membership Passes may not be shared with or used by any person other than you, unless you purchase a Membership Pass Package of ten or more classes.
10.3. Membership Passes expire within a certain number of months from the time they are purchased. Membership Passes for one class expire one month from the date they are purchased. Membership Passes for three class expire two months from the date they are purchased. Membership Passes for five classes expire three months from the date they are purchased. Membership Passes for 10 classes expire six months from the date they are purchased. Membership Passes for 20 classes expire 12 months from the date they are purchased. You will not receive a refund for expired classes.
11. Monthly Membership Plans
11. 1 You may select to purchase a monthly membership plan that will allow you to attend a specified number of classes or unlimited classes per month, depending on your selection. Such a membership plan is called a “Monthly Membership Plan.”
11.2 Monthly Membership Plans automatically charge your payment method on a month-to-month basis. By selecting a monthly plan, you agree to be billed monthly for the plan you select on the same date of the month as your initial charge. Your selection will renew after 12 months for another 12 months. Any classes not used in a particular month will be forfeited and will not “roll over” to the next month.
11.3 You may cancel your Monthly Membership Plan by submitting a written notice to Coreo Fitness at least 15 days prior to your next monthly billing date. The notice must be emailed to firstname.lastname@example.org or mailed to 508 1st Ave N, Seattle, WA 98109. If you cancel with 14 days of your next monthly billing date, you will be charged for the following month’s classes, but no other months.
11.4 f a monthly payment for your Monthly Membership Plan is denied, you must provide an alternative valid payment within five days of the transaction denial date. If you fail to provide an alternative valid payment within five days of the transaction denial date, you will be charged a late fee of up to $40.00 in addition to your monthly payment.
11.5 Monthly Membership Plans may not be assigned to, shared with, or used by any person other than the Member.
11.6 Unless a promotional rate applies, Coreo Fitness reserves the right to increase Monthly Membership Plan rates upon 30 days’ written notice to Member. Unless you complete the proper cancelation procedures identified in this Agreement, you will be charged the increased monthly membership rate on your next monthly auto payment date following the end of the notice period.
12. Misc. Membership Terms
12.1 If a Member purchases a Monthly Membership Plan or Membership Pass, Member understands that the applicable plan will remain in effect until the proper procedures identified in this Agreement are followed to cancel Member’s membership. In the event of failed payment, the Studio reserves the right to charge Member up to a $40 fee and terminate Member’s membership. Member understands that any unused Monthly Membership Plan classes must be used within the remaining portion of Member’s prepaid month following the cancellation notice date or termination date of this Agreement, after which time any remaining unused prepaid membership classes will be forfeited.
12.2 Coreo Fitness reserves the right to modify at any time the available Membership Passes and Monthly Membership Plans that Coreo Fitness will offer going forward. The terms and conditions of any new plans, to the extent those terms and conditions vary from what is detailed in this Agreement, will be presented with the applicable new plan, if any.
13. BUYER’S RIGHT TO CANCEL. If you wish to cancel this Agreement without penalty, you may cancel it by delivering or mailing a written notice to Coreo Fitness. The notice must say that you do not wish to be bound by the Agreement and must be delivered or mailed before midnight of the third business day after you sign the Agreement. The notice must be emailed to email@example.com or mailed to 508 1st Ave N, Seattle, WA 98109. If you cancel within the three days, the Coreo Fitness will return to you within 30 days the amounts you paid for your membership or pass.
14. Assignment. You agree that you and your permitted assignees, heirs, next of kin, executors, and personal representatives are legally bound by this Agreement. Subject to applicable law, Coreo Fitness reserves the right to transfer or assign all or any part of its interest, rights, privileges, duties, and obligations hereunder to any person or legal entity without notice to you and without your approval.
15. Breach. If you breach this Agreement, we reserve the right to exclude you from using the Studio indefinitely as well as to pursue any other rights we may have in law or equity.
16. Modification. No modification of this Agreement will be binding on Coreo Fitness unless it is in writing and signed by an authorized representative of Coreo Fitness. Coreo Fitness may modify sections 3–9 of this Agreement and update or add any reasonable rules governing your use of the Studio by notice to you at the email address associated with your account. Subject to applicable law, Coreo Fitness may modify all other sections of this Agreement effective 30 days after giving notice to you at the email address associated with your account.
17. Law and Venue. This Agreement will be governed and enforced to the fullest extent permitted by Washington state law. The failure by either party to enforce any of the provisions of this Agreement, or to exercise any option provided in this Agreement, will in no way be construed as a waiver of the provisions or options. If for any reason any provision of this Agreement is held to be invalid or unenforceable to any extent, then (A) the provision will be interpreted or reformed to the extent reasonably required to render the provision enforceable and consistent with the original intent underlying the provision; (B) the provision will remain in effect to the extent that it is not unenforceable; and (C) the unenforceability of the provision will not affect any other portion of this Agreement.
18. Payment. All purchases are (except as required by law) non-refundable, non-exchangeable, and non-transferrable. All prices listed are before tax. You authorize Coreo Fitness, and its successors and assigns, to process credit card or ACH transactions from your account for the Monthly Membership Plan or Membership Pass you select to purchase.
19. Acknowledgment of Receipt of Studio Rules and Description of Services. You acknowledge that you have reviewed the Studio rules and a written description of the equipment and services provided by the Studio, as provided in this Agreement.
By signing this Agreement or by your use of the Studio after being presented with this Agreement, you agree that you are at least 18 years old and that you have read, understand, and intend to be legally bound by the terms of this Agreement. (If you bring a minor to the Studio, you also agree that you are signing this Agreement on behalf of such minor, that you are the parent or legal guardian of such minor, and that you intend such minor to be bound by the terms of this Agreement.) You understand this Agreement to be a complete waiver and disclaimer in favor of the Released Parties of any and all liability.