RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, INDEMNITY AGREEMENT, MEDIA CONSENT, AND MEMBERSHIP CONTRACT TERMS
The FIT Facility, LLC
Florence, Alabama
PLEASE READ CAREFULLY. By signing this document, you will waive certain legal rights, including the right to sue or claim compensation following an injury, loss, or use of your image or likeness, and you will be bound by the membership contract terms and cancellation policy outlined herein.
1. ACKNOWLEDGMENT OF RISKS
I, the undersigned, understand and acknowledge that participation in any and all activities at The FIT Facility, LLC (the "Facility") involves inherent risks, dangers, and hazards. These activities encompass a broad spectrum of strength and conditioning modalities and methodologies, including but not limited to:
-
Sports Performance and Youth Performance Programs: Strength training, power development, speed and agility drills (e.g., sprints, shuttle runs, ladder drills), plyometric exercises (e.g., box jumps, bounding), lateral and multidirectional movements (e.g., shuffles, carioca, lateral bounds), deceleration training, and sport-specific conditioning tailored for athletes of all ages, including youth.
-
Total Fitness Programs: General fitness training, including cardiovascular conditioning, muscular endurance, functional strength exercises, strength training and dynamic warm-ups (e.g., running, jumping, skipping, shuffling, carioca, high-knee drills, and other dynamic movements).
-
Strength and Conditioning Modalities:
-
Functional Training: Multiplanar movements (sagittal, frontal, transverse planes) using equipment like sandbags (e.g., Ultimate Sandbag Training), kettlebells, medicine balls, and resistance bands for exercises such as rotational snatches, lateral lunges, overhead carries, and single-leg movements.
-
High-Intensity Interval Training (HIIT): Circuit-based workouts, metabolic conditioning, and time-based protocols (e.g., Tabata, EMOM).
-
Power and Olympic Lifting: Exercises like cleans, snatches, jerks, and their variations using barbells, dumbbells, or other implements.
-
Conjugate and Periodized Training: Progressive resistance training, max effort, dynamic effort, and accessory work inspired by methodologies such as the Conjugate System, emphasizing varied intensities and volumes.
-
Bodyweight and Calisthenic Training: Push-ups, pull-ups, squats, lunges, and other bodyweight movements, including suspension training (e.g., TRX).
-
Mobility and Recovery Protocols: Dynamic stretching, foam rolling, and corrective exercises to enhance movement quality and reduce injury risk.
-
Use of Equipment: Any and all equipment available at the Facility, including but not limited to barbells, dumbbells, kettlebells, sandbags, medicine balls, resistance bands, plyometric boxes, hurdles, agility ladders, cones, battle ropes, sleds, weight racks, benches, treadmills, rowing machines, stationary bikes, cable machines, suspension trainers, and any other fitness or training tools, whether fixed, portable, or added in the future.
I understand that these activities, whether performed individually, in groups, or under the guidance of a trainer, may result in serious bodily injury, including but not limited to sprains, strains, muscle tears, tendon or ligament damage, fractures, dislocations, concussions, cardiovascular events (e.g., heart attack, stroke), permanent disability, paralysis, or death. Other risks include property damage, loss, or emotional distress. These risks may arise from:
-
My own actions, inactions, or physical limitations;
-
The actions or inactions of others, including trainers, staff, or other participants;
-
The condition, malfunction, or misuse of any equipment, whether due to wear, improper use, or failure;
-
The condition of the Facility’s premises, including flooring, lighting, or environmental factors;
-
The negligence of The FIT Facility, LLC, its trainers, employees, agents, or other participants.
I acknowledge that all sessions are led by a trainer, but participation in dynamic, high-intensity, multi-planar, or sport-specific activities carries inherent risks, regardless of supervision, instruction, or programming.
2. ASSUMPTION OF RISKS
I knowingly and freely assume all risks, both known and unknown, associated with participating in any activities or using any equipment at the Facility, even if such risks arise from the negligence of The FIT Facility, LLC, its owners, trainers, employees, agents, or other participants. I accept full responsibility for my participation, my physical condition, and my use of any equipment during all activities, regardless of the training modality or methodology employed.
3. RELEASE OF LIABILITY AND WAIVER OF CLAIMS
In consideration of being permitted to participate in activities at the Facility, I hereby release, discharge, and agree not to sue The FIT Facility, LLC, its owners, officers, directors, trainers, employees, agents, affiliates, volunteers, or assigns (collectively, the "Released Parties") from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, injury, or death that may be sustained by me or my property while participating in any activities or using any equipment at the Facility, whether caused by the negligence of the Released Parties or otherwise.
This release includes, but is not limited to, claims arising from:
-
Personal injury or death resulting from participation in sports performance, youth performance, total fitness, or any strength and conditioning activities, including but not limited to functional training, HIIT, Olympic lifting, conjugate training, or mobility protocols;
-
Use, misuse, or malfunction of any equipment, including but not limited to sandbags, kettlebells, barbells, or any other tools, whether owned by the Facility or added in the future;
-
The actions or inactions of trainers, staff, or other participants, including during group sessions or dynamic warm-ups;
-
Any pre-existing medical conditions, whether disclosed or undisclosed;
-
The condition of the Facility’s premises or equipment, including any defects or environmental hazards.
4. INDEMNITY AGREEMENT
I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from my participation in any activities, my use of any equipment, or my breach of this Agreement, whether caused by my actions, the actions of others, or the condition of the Facility or equipment.
5. MEDICAL CLEARANCE AND HEALTH REPRESENTATION
I represent that I am in good physical health and have no medical conditions, injuries, or impairments that would prevent me from safely participating in the activities at the Facility, including high-intensity, multiplanar, or sport-specific training. I understand that it is my responsibility to consult a physician prior to participation if I have any concerns about my health or fitness level. I agree to immediately inform the Facility’s staff of any changes in my health, injuries, or symptoms (e.g., pain, dizziness, shortness of breath) that may affect my ability to participate safely. I acknowledge that the Facility is not responsible for assessing my fitness level or medical suitability for participation in any strength and conditioning modality.
6. VIDEO AND PHOTOGRAPHY CONSENT AND RELEASE
I understand and acknowledge that the Facility regularly records, photographs, or films sessions for marketing, promotional, training, or other business purposes, and that these materials are likely to be published on the internet, including but not limited to social media platforms (e.g., TikTok, Instagram, X), the Facility’s website, advertisements, print media, or other channels. I hereby grant The FIT Facility, LLC an irrevocable, perpetual, worldwide, royalty-free, transferable, and sub licensable license to use, reproduce, publish, distribute, modify, create derivative works from, and display my image, likeness, voice, or any other identifiable features captured during my participation at The FIT Facility in any and all media, without compensation, notification, or further approval from me.
I waive any right to inspect or approve the use of such materials and release the Released Parties from any and all claims, including but not limited to claims for invasion of privacy, right of publicity, defamation, misappropriation, or any other cause of action arising from the use of my image, likeness, or voice. I understand that I have no ownership, control, or right to compensation for the materials and that they may be used in perpetuity for any purpose consistent with the Facility’s business objectives, including marketing, advertising, or training. If I do not wish to be filmed or photographed, I understand that I must submit a written opt-out request to the Facility prior to participation and take responsibility for avoiding areas where filming or photography is occurring. I acknowledge that opting out may not guarantee complete exclusion from all recordings, given the group nature of many sessions.
7. MEMBERSHIP CONTRACT TERMS AND CANCELLATION POLICY
I understand and agree that by participating in activities at The FIT Facility, LLC, I am entering into a membership contract with a minimum commitment period of three (3) months (13 weeks) from the date of signing this Agreement or the start of my membership, whichever is later. During this period, I am obligated to pay all membership fees as agreed upon in the membership agreement, regardless of my participation or attendance.
Cancellation Policy:
-
To cancel my membership after the minimum 3-month (13-week) commitment period, I must provide written notice to The FIT Facility, LLC at least thirty (30) days prior to the desired cancellation date. Written notice must be delivered in person, via certified mail to 315 East Alabama Street, Florence AL. 35630, or via email to thefitfacility@gmail.com, with confirmation of receipt from the Facility.
-
Cancellations requested before the end of the 3-month minimum commitment period will not be effective until the commitment period is fulfilled, and I remain responsible for all membership fees during this period.
-
Failure to provide 30 days’ written notice will result in continued billing for an additional 30 days from the date notice is received.
-
The FIT Facility, LLC reserves the right to terminate my membership at any time for failure to comply with Facility rules, non-payment of fees, or behavior deemed unsafe or disruptive, without refund for any remaining portion of the commitment period.
-
No refunds will be issued for any membership fees paid, including for unused sessions or early termination, except as required by Alabama law.
I acknowledge that the membership contract terms and cancellation policy are binding and that failure to comply may result in legal or financial consequences, including but not limited to continued billing or collection actions for unpaid fees.
8. RULES, SAFETY, AND EQUIPMENT USE
I agree to follow all rules, instructions, and safety guidelines provided by the Facility’s trainers and staff, including those specific to each strength and conditioning modality or piece of equipment. I understand that all sessions are led by a trainer, but it is my responsibility to exercise within my physical limits and to stop and seek assistance if I experience pain, discomfort, or any other symptoms during activities. I agree to inspect any equipment before use and to immediately report any defects, damage, or concerns to the Facility’s staff. I acknowledge that the use of any equipment, including but not limited to sandbags, kettlebells, barbells, or other tools, carries inherent risks, and I assume full responsibility for any injuries or damages resulting from my use of such equipment, whether due to improper use, equipment failure, or other factors.
9. TERMINATION OF PARTICIPATION
I understand that the Facility reserves the right to refuse or terminate my participation or membership at any time, at its sole discretion, if I fail to comply with rules, engage in unsafe behavior, pose a risk to myself or others, or fail to meet the financial obligations outlined in Section 7.
10. SEVERABILITY AND GOVERNING LAW
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, and any legal action arising from this Agreement shall be brought exclusively in the courts of Lauderdale County, Alabama.
11. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between me and The FIT Facility, LLC regarding my participation and membership at the Facility and supersedes any prior agreements or understandings, whether written or oral. No representations or promises outside this Agreement have been made to induce my signing.
12. ACKNOWLEDGMENT OF UNDERSTANDING
I have read this Release of Liability, Waiver of Claims, Assumption of Risks, Indemnity Agreement, Media Consent, and Membership Contract Terms in its entirety. I understand its terms and acknowledge that I am signing it freely and voluntarily, without any inducement, coercion, or misrepresentation. I understand that by signing this Agreement, I am giving up substantial legal rights, including the right to sue the Released Parties for injuries, losses, or damages sustained during my participation at the Facility or from the use of my image, likeness, or voice, and that I am bound by the membership contract terms and cancellation policy. I am at least 19 years of age (or the parent/guardian signing below is at least 19 years of age, as required by Alabama law for contracts).
For Participants Under 19 (Parental/Guardian Consent, as Required by Alabama Law)
I, the undersigned parent or legal guardian of the minor named below, have read and understand this Agreement and consent to the minor’s participation in activities and membership at the Facility under the terms set forth above, including the membership contract terms and cancellation policy. I assume all risks on behalf of the minor and agree to indemnify and hold harmless the Released Parties as outlined in this Agreement. I also grant the media consent described in Section 6 on behalf of the minor.
The FIT Facility
