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MEMBERSHIP AGREEMENT

& WAIVER

The following sections are on the electronic version of the contract that members agree to but are included here for your reference.

 

III. Membership Rights

Members shall have voting rights at the annual meeting and any special meetings of the members of the Corporation and shall be eligible to serve on the Board of Directors and other rights and responsibilities as set out in the by-laws of Elkader Fitness Inc.

 

IV. Use of Facilities

Members shall have full use of the Club's facilities and equipment along with any Club sponsored activities for the on (1) year term of this agreement. Access to the building will be a coded FOB and members use of the building shall be unsupervised. Member agrees to keep any door FOBs or other entry information completely confidential and shall not share such information with any other persons.

 

V. Liability Waiver

Member agrees and understands that the use of the Club's facilities and equipment will be unsupervised and the member agrees to assume any risk for the member's use of said facilities and equipment. Member agrees to sign the Waiver and Release Form attached to this agreement which shall become a part hereof.

 

Elkader Fitness Inc. Waiver and Release

Because physical exercise can be strenuous and subject to risk of serious injury, Elkader Fitness Inc. urges you to obtain a physical examination from a doctor before beginning any exercise or training program. You agree that by participating in the physical exercise sessions or personal training activities, you do so entirely at your own risk. This includes, without limitation, (a) your use of all amenities and equipment in the facility and any off site location and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment, (c) our instruction, training, supervision or dietary recommendations. You agree that you are voluntarily participating in these activities and use of these facilities and promises and assume all risks of injury. You expressly agree to release and discharge Elkader Fitness Inc., its officers, employees and directors, from any and all claims or causes of action. This waiver and release of liability includes, without limitation, all injuries to you which may occur, regardless of negligence.

 

If any portion of this release from liability shall be deemed by a court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.


You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability. You agree to voluntarily give up any rights that you might otherwise have to bring a legal action against Elkader Fitness Inc., its officers, employees and directors for negligence, or any other personal injury or property damage or loss action.