TERMS

WAIVER OF LIABILITY 

I (named below) have agreed to participate voluntarily in a program of physical exercise, including, but not limited to, strength training, flexibility development, and aerobic exercise (“Activities”), under the guidance of Eric Sorenson and TFT Trainers both d.b.a. The Fitness Tech, its authorized agents, employees, and contractors (“Trainer”). 

A. Acknowledgement of Health. I declare myself physically and mentally sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in training sessions or my use of Equipment (as defined below). I acknowledge I have been informed of the need for a physician’s approval for my participation in an exercise/fitness activity or in the use of Equipment. I acknowledge I have either had a physical examination and been given my physician’s permission to participate or if I have chosen not to obtain a physician’s permission prior to beginning this exercise program with Trainer, I acknowledge I am doing so at my own risk. 

B. Assumption of Risk. I understand that Trainer will provide the equipment or machinery to be used in connection with workouts, including, but not limited to, benches, dumbbells, barbells, and similar items (“Equipment”). I acknowledge that although Trainer takes precautions to maintain the Equipment, the Equipment may malfunction and/or cause Injuries (as defined below) and that I take sole responsibility to inspect any and all of the Equipment. I understand and am aware that Activities, including the use of Equipment, are potentially hazardous activities. I acknowledge the possibility that injuries and physical and mental changes (“Injuries”) arising during and/or resulting from engaging in Activities do exist. Injuries include but are not limited to, abnormal blood pressure, fainting, disorders in heartbeat, heart attack, and, in some instances, death. I understand Injuries could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life. I am voluntarily participating in Activities and using Equipment with knowledge of the dangers involved. I understand and take sole responsibility for any and all Injuries that may occur related to any and all Activities associated with Trainer’s instruction. Although Trainer will take precautions to ensure my safety, I expressly assume and accept sole responsibility for my safety and for any and all Injuries that may occur. 

C. Waiver and Release of Liability. In consideration of Trainer’s agreement to assist and train me, I hereby agree to hold harmless Trainer, its respective representatives, executors, agents and assigns from any and all claims, demands, damages, rights of action, or causes of action, present or future, arising out of or connected to my participation in any and all activities, use of Equipment, or any and all acts or omissions, including negligence by Trainer and his 

representatives. This waiver and release of liability include but is not limited to, (a) Injuries to me and/or others, including but not limited to Trainer, that may occur as a result of (i) Equipment that may malfunction or break; (ii) any and all defects, latent or apparent, in the design or condition of Equipment; (iii) any and all slips, falls, or dropping of Equipment; (iv) any and all improper maintenance of Equipment or facilities; (v) any hazardous condition that may exist on the premises, including, but not limited to, the specific workout area; and (vi) Trainer’s negligent

instruction or supervision; (b) damage to property, including but not limited to, Equipment and the premises. 

I have read this assumption of risk and liability and fully understand its terms. I understand that I am giving up substantial rights, including my right to pursue any claims in a court of law. I acknowledge that I am signing the agreement freely and voluntarily and intend my typed name to signify a complete assumption of the inherent risks of participating in or observing recreational activities with Trainer to the greatest extent allowed by law in the State of California. 

TERMS OF SERVICE 

Terms of Service 

Last Updated: 11/13/23 

1. Acceptance of Terms 

Welcome to The Fitness Tech! By accessing or using our facilities, services, or website, you agree to comply with and be bound by these Terms of Service. If you do not agree with these terms, please refrain from using our services. 

2. Membership Eligibility 

You must be at least 18 years old to become a member of The Fitness Tech Gym. By using our services, you represent and warrant that you are at least 18 years old. 

3. Membership Agreement 

3.1. By signing up for a membership with The Fitness Tech Gym, you agree to abide by all gym policies, rules, and regulations as posted within our facilities and communicated to you by our staff. 

3.2. Membership fees are non-refundable and must be paid in accordance with the terms specified in the membership agreement. 

4. Code of Conduct 

4.1. Members are expected to conduct themselves in a respectful and responsible manner while using The Fitness Tech Gym facilities. 

4.2. Any behavior deemed inappropriate, including but not limited to harassment, discrimination, or violation of gym rules, may result in immediate termination of membership. 

5. Health and Safety

5.1. Members are responsible for ensuring that they are in good health and able to engage in physical activities. It is recommended that members consult with a healthcare professional before starting any fitness program. 

5.2. The Fitness Tech is not liable for any injuries, accidents, or health issues that may arise during or as a result of using our facilities or services. 

6. Equipment Use 

6.1. Members must use gym equipment responsibly and follow all posted guidelines for equipment use. 

6.2. Report any damaged or malfunctioning equipment to gym staff immediately. 7. Cancellation and Termination 

7.1. Memberships may be canceled in accordance with the terms specified in the membership agreement. 

7.2. The Fitness Tech reserves the right to terminate a membership for violation of these terms or for any other reason deemed necessary by the gym management. 

8. Privacy Policy 

Please refer to our Privacy Policy for information on how we collect, use, and disclose personal information. 

9. Amendments 

The Fitness Tech reserves the right to amend these Terms of Service at any time. Notice of amendments will be communicated to members via email or through posting on our website. 

10. Contact Information