Waiver, Terms and Conditions
As a 24-hour, secure-access fitness facility, Scott Fitness, Inc, d/b/a theGYMkc (hereafter referred to as "The Gym"), has policies and procedures (hereafter referred to as “Rules”) that differ from a typical fitness facility.
These Rules are for your safety and the safety of others. They are to be followed strictly by all members and The Gym will not tolerate any deviation from these Rules. Failure to comply with these Rules may result in immediate termination of your privileges to use any of the facilities.
Please read this information carefully. If you have any questions, please ask. You acknowledge you understand these Rules and you agree to abide by them.
Compliance with Rules
I understand and agree that a 24/7 gym membership is a special membership based on trust and is a privilege, which can be taken away for a violation of any of the Rules. As a gym member, I agree to abide by all of The Gym’s membership Rules, which are shared with me at enrollment, are posted next to the hand scanner entry system, and are posted on The Gym’s website. These rules may be amended from time to time at the sole discretion of The Gym.
Accessing the Facilities
⦁ Only one (1) member may enter The Gym front door at a time. The door must shut, and each individual must use the biometric hand scanner to enter the facility.
⦁ Allowing non-members into the facility is strictly prohibited and will result in immediate loss of membership. Allowing unauthorized access to the facility is viewed by ownership as “stealing services.”
⦁ Only active account members will be allowed entry.
⦁ I agree to report any situation that appears to be unauthorized access to The Gym staff.
⦁ The Gym reserves the right to suspend or cancel the rights, privileges, and membership of any member whose actions are detrimental to the use, safety, and enjoyment of the facilities.
⦁ The Gym reserves the right to limit hours of operation and/or discontinue 24/7 access at its sole discretion.
Age Requirement
The Gym is a STRICTLY 18 years-old and over facility. I am at least 18 years of age and understand that all persons/children under the age of 18 years are not allowed in the building.
No Guests
Absolutely no guests are allowed. Anyone utilizing the facilities must be a member. Short-term memberships are available for purchase. All non-members must have an appointment. Walk-ins are not accepted.
No Supervision
I understand that I am purchasing a membership at a 24/7 facility that allows me the privilege to access the facility at any time. As such, I am aware that there will be no supervision or assistance except during staffed hours. I am aware that if I get injured, become unconscious, suffer a stroke, heart attack, or any other medical emergency or event that there may be no one to respond to my emergency and that The Gym has no duty to provide assistance to me while I am at The Gym. I understand that even though The Gym is equipped with surveillance cameras, these videos are not monitored continuously, and help may not be available during non-staffed hours. However, Personal Emergency Alert Pendants, a first aid station, and AED are available at each location.
Personal Emergency Alert Pendants
Each location is equipped with personal emergency alert pendants for member use while in the facility. When activated, these devices will alert emergency services, and they will be dispatched to The GYM location where you activate the device.
Gym Etiquette
Grunting, yelling, slamming weights, and/or throwing any item is prohibited. Members should pick up after themselves and return equipment to its proper location. Sanitizer and paper towels are provided for members to wipe down equipment before and after use.
Dress Code
The dress code has been developed and is enforced in an effort to improve safety and help prevent the spread of skin-contact diseases.
⦁ Shirts: Must completely cover the chest and torso. Stringer tanks, crop tops, cut-off sleeves or similar tops that expose the chest and/or torso are not allowed.
⦁ Shorts: Must have an inseam and completely cover the glutes.
⦁ Shoes: Must be closed-toe. Slides and sandals are prohibited. Shoes may only be removed to kick heavy bags, during stationary stretching routines, or to squat or deadlift, but MUST be put back on before moving to any other part of the facility.
Personal Listening Devices
Headphones are required for all personal listening devices. Using a device in speaker-mode or in conjunction with a bluetooth speaker is strictly prohibited. Use of round-timers must also comply with the headphone requirement except in conjunction with gym-sponsored classes. It’s rude to the others using The Gym and is illegal based on BMI & ASCAP contractual obligations.
Rate Changes
The Gym may increase membership base prices by up to 10% annually without any additional notice. Sales tax rates may change at any time. Sales tax increases do not necessarily coincide with membership base rate increases.
Personal Cameras and Recording
It is illegal to use any camera or recording equipment (including cell phones) in all areas designated as shower/bathroom/changing areas. Violations will be reported to the Kansas City Missouri Police Department.
The use of cameras and recording equipment (including cell phones) in any manner that violates the privacy of others in this facility is strictly prohibited. This includes the use of tripods and/or lighting equipment.
Personal Property & Lockers
The Gym is not responsible for any lost, stolen, or damaged personal property. Lockers are made available for daily use. Members must bring their own lock to secure personal items. Locks left for more than 24hrs may be cut off. The Gym is not responsible for member vehicles and/or any damage or theft occurring in parking lots.
Damages to the Facility or Equipment
In the event that any damage to equipment or facilities occurs as a result of my willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
Drugs and Alcohol
Members are not permitted to use The Gym facilities while under the influence of drugs or alcohol and absolveThe Gym of any claim of injury, harm, or liability if they do so.
Outside Equipment
The Gym reserves the right, at its sole discretion, to limit or restrict the use of outside equipment.
Snow Removal/Weather Conditions
Snow removal will not be undertaken until staffed hours of operation. Members can utilize the facilities but at their own risk from the elements.
Memberships
There are no enrollment fees, cancellation fees, or maintenance fees.
⦁ Monthly memberships are billed automatically every month to a debit or credit card and will continue to renew automatically every month until the member notifies The Gym of intent to cancel. Monthly memberships do not have contracts or minimum number of months. Members must provide The Gym with at least one day’s notice BEFORE the automatic monthly billing date if they wish to cancel. Members are bound for the term that has been paid.
⦁ Prepaid 3-, 6-, or 12-month memberships are similar to a contract. By choosing this option, you agree to be bound for the term chosen. Prepaid memberships are non-refundable and cannot be paused, canceled, suspended, or changed until the end of the prepaid term. Prepaid memberships will receive email notification of the approaching end of the term. This email will include all options for renewal. Prepaid memberships do not automatically renew.
Description of Potential Health Risks
I understand that the reaction of the heart, lung, and blood vessel system exercise cannot always be predicted with accuracy. I know there is a risk of certain abnormal changes occurring during exercise, which may include abnormalities of blood pressure or heart rate, in effect of functioning of the heart, and in rare instances heart attacks. Use of the weight lifting equipment and engaging in heavy body calisthenics can lead to musculoskeletal strains, pain, and injury if adequate warm-up, gradual progression, and safety procedures are not followed.
Cleared for Exercise
I certify that I am in good physical health, and I am able to undertake and engage in the range of physical activities in which I choose to participate at The Gym. I assume all responsibility for updating the facility with respect to any changes in my physical or mental condition and for reporting all injuries sustained at the facility to The Gym staff. I understand and am aware that strength, flexibility, aerobic and anaerobic exercise, including the use of any equipment, is a potentially hazardous activity.
I also understand that fitness activities involve a risk of injury and even death and that I am voluntarily participating in these activities and using equipment with knowledge of all the dangers involved. I do hereby agree to expressly assume and accept any and all risks of injury or death either accidental or otherwise. This waiver, release, and indemnification agreement includes, without limitation, all injuries which may occur as a result of:
(a) my use of all amenities and equipment in the facility and my participation in any class, activity, or personal training,
(b) sudden unforeseen malfunctioning of any equipment, and
(c) my slipping or falling while in the facility, on the facility premises, including adjacent sidewalks and parking areas. I acknowledge that I have carefully read this waiver, release, and indemnification agreement and fully understand that it is a full and complete release of all liability.
General
This contract represents the complete understanding between you and The Gym. No representations, written or oral, other than those contained in this contract are authorized or binding upon The Gym. Should any part of this agreement become unenforceable due to legal or other regulatory changes, the remaining provisions within this agreement not impacted by such change shall remain in full force as originally written.
You agree to promptly update The Gym of any changes of address, phone, e-mail address, and/or bank account/credit card information.
You also agree to comply with all rules imposed by The Gym regarding the use of the facilities and equipment and conduct yourself in a controlled and reasonable manner at all times and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
Pronouns and Captions.
Any use of the word “I”, “me”, “my”, “you” or other similar pronoun shall be interpreted and interchangeable with “member.”
Assumption of Risk, Waiver of Liability, and Indemnification Agreement
In consideration of the risk of injury while utilizing The Gym, participating in, attending, engaging in, or otherwise partaking in any and all activities, events, programs, or any other actions hosted, attended, organized, orchestrated, or facilitated byThe Gym or otherwise participated in through The Gym (hereinafter “Activity”), and for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter “I”), knowingly and voluntarily release, waive, and discharge, through this Agreement, any and all rights, claims, or causes of action, of any kind whatsoever arising out of my participation in the Activity, including but not limited to physical or psychological injury, personal injury, illness, paralysis, death, damages, economical or emotional loss, and any and all real or personal property damage associated with participation in the Activity.
I do hereby release and forever discharge any individual, group of individuals, or entity involved in the Activity, including but not limited to The Gym and any of their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns.
I am voluntarily participating in the aforementioned Activity and I am participating in the Activity entirely at my own risk. I am aware of the risks associated with participating in the Activity, which may include but are not limited to damage to my real or personal property, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death.
I understand that these injuries or outcomes may arise from my own or other’s negligence. Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity. I agree to indemnify and hold harmless The Gym against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or anyone else acting on my behalf. If The Gym incurs any of these or other types of expenses, I agree to reimburse any such costs.
I acknowledge that The Gym is not responsible for errors, omissions, acts, or failures to act of any party or entity conducting a specific event or Activity on behalf of The Gym.
I acknowledge that the Activity may involve a test of a person’s physical and mental limits and may carry with it potential for death, serious injury, and property loss. The risks may include but are not limited to those caused by facilities, temperature, weather, lack of hydration, condition of participants, equipment, and actions of others, including but not limited to, other members, staff, and/or producers of the Activity.
I acknowledge that I have read the previous paragraphs and know, understand, and appreciate these and other risks that are inherent in the participation of the Activity. I hereby assert that any participation in said Activity is voluntary and knowingly assume all such risks.
I acknowledge that I have carefully read this “Waiver and Release” and fully understand that it is a release of liability. I expressly agree to release and discharge The Gym from any and all claims or causes of action, and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against The Gym for any type of damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of The Gym.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I certify that I have read and understand all of the terms of The Gym agreement and agree to continue to abide by all of the terms of this agreement.
By initialing and signing the membership enrollment form, I agree to be bound by the terms of this agreement.
These Rules are for your safety and the safety of others. They are to be followed strictly by all members and The Gym will not tolerate any deviation from these Rules. Failure to comply with these Rules may result in immediate termination of your privileges to use any of the facilities.
Please read this information carefully. If you have any questions, please ask. You acknowledge you understand these Rules and you agree to abide by them.
Compliance with Rules
I understand and agree that a 24/7 gym membership is a special membership based on trust and is a privilege, which can be taken away for a violation of any of the Rules. As a gym member, I agree to abide by all of The Gym’s membership Rules, which are shared with me at enrollment, are posted next to the hand scanner entry system, and are posted on The Gym’s website. These rules may be amended from time to time at the sole discretion of The Gym.
Accessing the Facilities
⦁ Only one (1) member may enter The Gym front door at a time. The door must shut, and each individual must use the biometric hand scanner to enter the facility.
⦁ Allowing non-members into the facility is strictly prohibited and will result in immediate loss of membership. Allowing unauthorized access to the facility is viewed by ownership as “stealing services.”
⦁ Only active account members will be allowed entry.
⦁ I agree to report any situation that appears to be unauthorized access to The Gym staff.
⦁ The Gym reserves the right to suspend or cancel the rights, privileges, and membership of any member whose actions are detrimental to the use, safety, and enjoyment of the facilities.
⦁ The Gym reserves the right to limit hours of operation and/or discontinue 24/7 access at its sole discretion.
Age Requirement
The Gym is a STRICTLY 18 years-old and over facility. I am at least 18 years of age and understand that all persons/children under the age of 18 years are not allowed in the building.
No Guests
Absolutely no guests are allowed. Anyone utilizing the facilities must be a member. Short-term memberships are available for purchase. All non-members must have an appointment. Walk-ins are not accepted.
No Supervision
I understand that I am purchasing a membership at a 24/7 facility that allows me the privilege to access the facility at any time. As such, I am aware that there will be no supervision or assistance except during staffed hours. I am aware that if I get injured, become unconscious, suffer a stroke, heart attack, or any other medical emergency or event that there may be no one to respond to my emergency and that The Gym has no duty to provide assistance to me while I am at The Gym. I understand that even though The Gym is equipped with surveillance cameras, these videos are not monitored continuously, and help may not be available during non-staffed hours. However, Personal Emergency Alert Pendants, a first aid station, and AED are available at each location.
Personal Emergency Alert Pendants
Each location is equipped with personal emergency alert pendants for member use while in the facility. When activated, these devices will alert emergency services, and they will be dispatched to The GYM location where you activate the device.
Gym Etiquette
Grunting, yelling, slamming weights, and/or throwing any item is prohibited. Members should pick up after themselves and return equipment to its proper location. Sanitizer and paper towels are provided for members to wipe down equipment before and after use.
Dress Code
The dress code has been developed and is enforced in an effort to improve safety and help prevent the spread of skin-contact diseases.
⦁ Shirts: Must completely cover the chest and torso. Stringer tanks, crop tops, cut-off sleeves or similar tops that expose the chest and/or torso are not allowed.
⦁ Shorts: Must have an inseam and completely cover the glutes.
⦁ Shoes: Must be closed-toe. Slides and sandals are prohibited. Shoes may only be removed to kick heavy bags, during stationary stretching routines, or to squat or deadlift, but MUST be put back on before moving to any other part of the facility.
Personal Listening Devices
Headphones are required for all personal listening devices. Using a device in speaker-mode or in conjunction with a bluetooth speaker is strictly prohibited. Use of round-timers must also comply with the headphone requirement except in conjunction with gym-sponsored classes. It’s rude to the others using The Gym and is illegal based on BMI & ASCAP contractual obligations.
Rate Changes
The Gym may increase membership base prices by up to 10% annually without any additional notice. Sales tax rates may change at any time. Sales tax increases do not necessarily coincide with membership base rate increases.
Personal Cameras and Recording
It is illegal to use any camera or recording equipment (including cell phones) in all areas designated as shower/bathroom/changing areas. Violations will be reported to the Kansas City Missouri Police Department.
The use of cameras and recording equipment (including cell phones) in any manner that violates the privacy of others in this facility is strictly prohibited. This includes the use of tripods and/or lighting equipment.
Personal Property & Lockers
The Gym is not responsible for any lost, stolen, or damaged personal property. Lockers are made available for daily use. Members must bring their own lock to secure personal items. Locks left for more than 24hrs may be cut off. The Gym is not responsible for member vehicles and/or any damage or theft occurring in parking lots.
Damages to the Facility or Equipment
In the event that any damage to equipment or facilities occurs as a result of my willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
Drugs and Alcohol
Members are not permitted to use The Gym facilities while under the influence of drugs or alcohol and absolveThe Gym of any claim of injury, harm, or liability if they do so.
Outside Equipment
The Gym reserves the right, at its sole discretion, to limit or restrict the use of outside equipment.
Snow Removal/Weather Conditions
Snow removal will not be undertaken until staffed hours of operation. Members can utilize the facilities but at their own risk from the elements.
Memberships
There are no enrollment fees, cancellation fees, or maintenance fees.
⦁ Monthly memberships are billed automatically every month to a debit or credit card and will continue to renew automatically every month until the member notifies The Gym of intent to cancel. Monthly memberships do not have contracts or minimum number of months. Members must provide The Gym with at least one day’s notice BEFORE the automatic monthly billing date if they wish to cancel. Members are bound for the term that has been paid.
⦁ Prepaid 3-, 6-, or 12-month memberships are similar to a contract. By choosing this option, you agree to be bound for the term chosen. Prepaid memberships are non-refundable and cannot be paused, canceled, suspended, or changed until the end of the prepaid term. Prepaid memberships will receive email notification of the approaching end of the term. This email will include all options for renewal. Prepaid memberships do not automatically renew.
Description of Potential Health Risks
I understand that the reaction of the heart, lung, and blood vessel system exercise cannot always be predicted with accuracy. I know there is a risk of certain abnormal changes occurring during exercise, which may include abnormalities of blood pressure or heart rate, in effect of functioning of the heart, and in rare instances heart attacks. Use of the weight lifting equipment and engaging in heavy body calisthenics can lead to musculoskeletal strains, pain, and injury if adequate warm-up, gradual progression, and safety procedures are not followed.
Cleared for Exercise
I certify that I am in good physical health, and I am able to undertake and engage in the range of physical activities in which I choose to participate at The Gym. I assume all responsibility for updating the facility with respect to any changes in my physical or mental condition and for reporting all injuries sustained at the facility to The Gym staff. I understand and am aware that strength, flexibility, aerobic and anaerobic exercise, including the use of any equipment, is a potentially hazardous activity.
I also understand that fitness activities involve a risk of injury and even death and that I am voluntarily participating in these activities and using equipment with knowledge of all the dangers involved. I do hereby agree to expressly assume and accept any and all risks of injury or death either accidental or otherwise. This waiver, release, and indemnification agreement includes, without limitation, all injuries which may occur as a result of:
(a) my use of all amenities and equipment in the facility and my participation in any class, activity, or personal training,
(b) sudden unforeseen malfunctioning of any equipment, and
(c) my slipping or falling while in the facility, on the facility premises, including adjacent sidewalks and parking areas. I acknowledge that I have carefully read this waiver, release, and indemnification agreement and fully understand that it is a full and complete release of all liability.
General
This contract represents the complete understanding between you and The Gym. No representations, written or oral, other than those contained in this contract are authorized or binding upon The Gym. Should any part of this agreement become unenforceable due to legal or other regulatory changes, the remaining provisions within this agreement not impacted by such change shall remain in full force as originally written.
You agree to promptly update The Gym of any changes of address, phone, e-mail address, and/or bank account/credit card information.
You also agree to comply with all rules imposed by The Gym regarding the use of the facilities and equipment and conduct yourself in a controlled and reasonable manner at all times and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
Pronouns and Captions.
Any use of the word “I”, “me”, “my”, “you” or other similar pronoun shall be interpreted and interchangeable with “member.”
Assumption of Risk, Waiver of Liability, and Indemnification Agreement
In consideration of the risk of injury while utilizing The Gym, participating in, attending, engaging in, or otherwise partaking in any and all activities, events, programs, or any other actions hosted, attended, organized, orchestrated, or facilitated byThe Gym or otherwise participated in through The Gym (hereinafter “Activity”), and for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter “I”), knowingly and voluntarily release, waive, and discharge, through this Agreement, any and all rights, claims, or causes of action, of any kind whatsoever arising out of my participation in the Activity, including but not limited to physical or psychological injury, personal injury, illness, paralysis, death, damages, economical or emotional loss, and any and all real or personal property damage associated with participation in the Activity.
I do hereby release and forever discharge any individual, group of individuals, or entity involved in the Activity, including but not limited to The Gym and any of their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns.
I am voluntarily participating in the aforementioned Activity and I am participating in the Activity entirely at my own risk. I am aware of the risks associated with participating in the Activity, which may include but are not limited to damage to my real or personal property, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death.
I understand that these injuries or outcomes may arise from my own or other’s negligence. Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity. I agree to indemnify and hold harmless The Gym against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or anyone else acting on my behalf. If The Gym incurs any of these or other types of expenses, I agree to reimburse any such costs.
I acknowledge that The Gym is not responsible for errors, omissions, acts, or failures to act of any party or entity conducting a specific event or Activity on behalf of The Gym.
I acknowledge that the Activity may involve a test of a person’s physical and mental limits and may carry with it potential for death, serious injury, and property loss. The risks may include but are not limited to those caused by facilities, temperature, weather, lack of hydration, condition of participants, equipment, and actions of others, including but not limited to, other members, staff, and/or producers of the Activity.
I acknowledge that I have read the previous paragraphs and know, understand, and appreciate these and other risks that are inherent in the participation of the Activity. I hereby assert that any participation in said Activity is voluntary and knowingly assume all such risks.
I acknowledge that I have carefully read this “Waiver and Release” and fully understand that it is a release of liability. I expressly agree to release and discharge The Gym from any and all claims or causes of action, and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against The Gym for any type of damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of The Gym.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I certify that I have read and understand all of the terms of The Gym agreement and agree to continue to abide by all of the terms of this agreement.
By initialing and signing the membership enrollment form, I agree to be bound by the terms of this agreement.
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