I, {name}, understand that my instructor will give recommendations based on his/her knowledge and experience. I have provided all pertinent information about my medical history in order to ensure certain safeguards, if any, should be met. I understand the nature of the agreement and I am aware of any risks that may be involved. Therefore, I take full responsibility and release the independent instructors and owner of Elite Performance Training Systems from any liability that may result from activities sustained by me as a result of negligence or misconduct at this establishment. Should a diet be recommended by a fitness instructor/certified nutritionist and accepted by me, the client, it is understood that the consultants are not registered dieticians but rather knowledgeable in the health maintenance field. These diets are not designed to correct any medical conditions, of which I have already attested. Rather, a diet will be followed at sole risk of client and is strongly recommended by Elite Performance Training Systems to consult a physician or dietician for approval (of diet or physical activity program) at their own will. I certify that all statements are true.
Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. ELITE PERFORMANCE TRAINING SYSTEMS (“EPTS/Club”) has put in place preventative measures to reduce the spread of COVID-19; however, EPTS cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending the Club/ participating in training of any type could increase your risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending the Club and/or training of any type with the organization and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Club or while training with EPTS may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Club employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at the Club or participation in Club programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the EPTS/Club, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Club, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Club/EPTS program.
General Terms and Conditions
Membership Cancellation: Members may cancel a month-to-month Membership at any time with no penalty (please give 5 days notice to prevent billing errors). For all other Memberships, Members may cancel their membership without paying an Early Termination Fee (50% value of remaining contract balance) if (i) the Member permanently relocates more than Twenty Five (25) miles further from the location of the EPTS facility (the “Facility”) than the address listed above, provided the Member notifies EPTS of the move prior to five (5) days in advance of the next Billing Date (“Relocation”); or (ii) the Member suffers a physical disability that will prevent him or her from using the Facility for more than six (6) months as long as the cancellation notice is accompanied by a Doctor’s note documenting the injury and the prognosis (“Serious Injury”). The Member may cancel his or her Membership by notifying EPTS of his or her wish to cancel in writing or in person at anytime prior to five (5) days in advance of the next Billing Date. There are no refunds for Membership Fees.
Late Class/Session Cancel: EPTS reserves the right to penalize Late Cancels with a full class/session cancellation fee. As used herein, a “Late Cancel” shall mean a failure to cancel a missed class reservation twenty four (24) hours before such class/session begins. The first infraction of this rule will be resolved with a warning and every infraction thereafter, a cancellation fee will be charged to the Member’s credit/debit card or account on file. The management of EPTS reserves the right to amend this Late Class Cancel policy at any time.
Refund Policy: There will be no refunds issued for any services purchased. All sessions (Classes, Private Sessions, Small Group Sessions, etc.) must be used in a 30 day period. Any sessions unused after 30 days will expire and no longer be eligible for use.