Energeia Boot Camp, its officers, owners, agents, independent contractors and employees (collectively referred to as "Energeia Fitness") urge you to obtain a physical examination from a doctor before participating in any exercise program.
All workouts, classes, group events and use of exercise equipment shall be at the participant's sole risk. The participant understands that the decision to use exercise equipment, or selection of exercise programs, methods and types of equipment and exercise design, shall be at the member's sole risk and Energeia Fitness shall not be liable to participant for any claims, demands, damages or causes of actions due to member's death, injury to member's person or property arising out of or in connection with the use by participant of the services, and/or premises of the Energeia Fitness Program, regardless of whether caused by the negligence of Energeia Fitness, its employees or its agents. This waiver and release specifically applies to claims of negligent instruction and/or supervision that may arise as a result of injuries sus- tained during classes.
The participant executing this waiver and release of liability expressly acknowledges that Energeia Fitness provides classes, programs and events for various inherently dangerous activities. The participant expressly assumes any and all risks, including death, associated with such activities and agrees and covenants not to sue Energeia Fitness for any damages or injuries sustained while participating in these activities, whether an employee or agent of Energeia Fitness was involved in the injury causing incident or not and regardless of whether the injury causing incident was a result of a negligent act or omission of Energeia Fitness.
1. In consideration of being allowed to participate in the personal fitness training activities and programs of Energeia Fitness and to use its facilities, equipment and services, in addition to the payment of any fee or charge, I do hereby forever waive, release and discharge Energeia Fitness and its officers, agents, employees, representatives, executors and all others acting on their behalf from any and all claims or liabilities for injuries or damages to my person and/or property, including those caused by the negligent act or omission of any of those men- tioned or others acting on their behalf, arising out of or connected with my participation
in any activities, programs or services of Energeia Fitness or the use of any equipment at various sites, including home, provided by and/or recommended by Energeia Fitness and its officers, agents, employees.
2. I have been informed of, understand and am aware that strength, flexibility and aerobic exercise, including the use of equipment, is a potentially hazardous activity. I also have been informed of, understand and am aware that fitness activities involve a risk of injury, including a remote risk of death or serious disability, and that I am voluntarily participating in these activi- ties and using equipment with full knowledge, understanding and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death.
3. I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in these activities or use of equipment. I do hereby acknowledge that I have been informed of the need for a physician's approval for my participation in the exercise activities, programs and use of exercise equipment. I also acknowledge that it has been recommended that I have a yearly or more frequent physical examination and consultation with my physician as to physical activity, exercise and use of exercise equipment. I acknowledge that either I have had a physical examination and have been given my physician's permission to participate or I have
decided to participate in the exercise activities, programs and use of equipment without the approval of my physician and do hereby assume all responsibility for my participation in said activities, programs and use of equipment.
4. I understand that Energeia Fitness and its officers, agents, employees providing and main- taining an exercise/fitness program for me does not constitute an acknowledgment, represen- tation or indication of my physiological well-being or a medical opinion relating thereto.
Energeia Fitness designed the Membership Policies to ensure a safer and more enjoyable environment in which to exercise. Energeia Fitness may, in its sole discretion, modify the Policies and Rules without notice at any time.
EQUAL OPPORTUNITY POLICY STATEMENT
Energeia Fitness enrolls memberships without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, sexual orientation or age. It is our policy that no circumstance or conduct undertaken by Energeia Fitness personnel shall have the effect of discrimination on the basis of any of the aforementioned classifications.
PERSONAL INFORMATION AND PRIVACY
We collect a limited amount of personal information from you when you purchase a membership from us. We use this information solely for correspondence with our members and we do not sell or share any of this information with third parties.
The health information we collect is intended to help you determine your eligibility to participate in our programs. We keep this information confidential and only disclose it to our employees who have a need to know this information.
MEMBERSHIP CANCELLATION POLICY Cancellation within 5 days of initial purchase:
You are entitled to a 5 day cooling off period. If you notify Energeia Fitness within your cooling off period, you will receive a full refund.
Cancellation after 5 days of initial purchase:
Month to month payment memberships:
To renew your month to month membership, please visit our website registration page and re-enroll.
Prepaid Limited Term memberships and Limited Term membership commitments:
For prepaid limited term memberships and limited term membership commitments, you are not entitled to cancel and receive a refund except for specific events such as disability or death.
MEMBERSHIP FREEZE POLICY
Qualification and Notice Requirements: Energeia Fitness will only freeze your membership if you are in good standing, you have all membership fees paid, you are current on your monthly dues, you provide at least ten days notice for a freeze request to allow Energeia Fitness to process your request, and you qualify for one of the three categories below:
Medical Disability: You must provide Energeia Fitness with verification from your physician stating your medical disability will prevent you from participating in Energeia Fitness programs. The minimum term for a medical freeze is three months and the maximum is six months.
Active Duty Military Transfer or Extended Volunteer Assignment: You must provide Energeia Fitness with a copy of your transfer, deployment or extended volunteer assignment orders. There is no minimum or maximum for assignment freeze. If you request a specific freeze term less than six months, your membership and monthly Electronic Funds Transfer ("EFT") or credit card charge will automatically resume at the end of the specified time. If you request a specific freeze term greater than six months, or you do not specify a freeze term, you must contact Energeia Fitness to reactivate.
Temporary Employment Transfer: You must provide Energeia Fitness with verification from your employer, on company letterhead, that you are being temporarily transferred. The location of your transfer must be more than 25 miles from the nearest Energeia Fitness location to which you have access. The minimum term for a temporary employment transfer freeze is three months and the maximum freeze is six months.
Dues During Freeze: Once Energeia Fitness approves a membership freeze no further dues will be collected with respect to such time and your right to participate in Energeia Fitness programs is frozen or suspended. In the event your membership is prepaid, the term of the prepaid membership shall be extended, without further dues, for the same period of the freeze. Except for military freezes greater than 6 months or unspecified, your membership will be reactivated and your monthly EFT or credit card charge will automatically resume at the end of your freeze period.
Freeze Request Decisions: If your request does not conform to this Membership Freeze Policy, you will be notified that your request has been denied and your membership shall remain active.
MEMBERSHIP TRANSFER POLICY
All memberships are nontransferable. This includes pre-paid memberships and limited term commitments. There are no exceptions to this policy.
ELECTRONIC FUNDS TRANSFER (EFT) POLICY
Members enrolling in a limited term commitment will be charged membership dues accordingly by means of electronic funds transfer for the entire term of their commitment. For inquiries regarding this policy, please review our membership cancellation policy, membership freeze policy and our membership transfer policy.
Energeia Fitness encourages you to bring friends, relatives and business associates for a free introductory class. We recommend that you notify Energeia Fitness when you intend to bring a guest to class. All guests must sign a waiver and release of liability form.
GENERAL POLICIES FOR MINORS
Minors Under 12 may not participate in Energeia Fitness programs unless the class is specifically designed for this age group.
Minors 12 - 17 may be allowed to participate only with the prior approval and assessment of a qualified Energeia Fitness trainer. Minors must be accompanied by a parent or guardian, and parent or legal guardian shall not leave the premises while minor is participating in any Energeia Fitness program. The parent will be required to sign a waiver and release of liability form on behalf of the minor.
PROHIBITED ITEMS AND ACTIVITIES
No Alcohol, Drugs, or Smoking: You cannot engage in any Energeia Fitness programs while under the influence of illegal drugs or alcohol.
No Photographic or Video Equipment: No photography, videotaping, filming or audio recording without prior written permission of Energeia Fitness.
A member's violation of any of the Policies or Rules may cause Energeia Fitness, in its sole discretion, to terminate that person's membership and/or other agreements.
Photography and Video Release
1. I can be filmed. I hereby grant to Energeia Fitness, its agents, successors, and affiliates, and their respective employees, officers, directors, and representatives the right and permission to film and record me and to use my name, voice, image, and information about me in connection with advertising, publicizing, broadcasting, producing and exploiting the Program, in any and all media now known or hereafter developed, in perpetuity, throughout the universe. I understand that Energeia Fitness is under no obligation to incorporate my appearance in the Program.
2. Energeia Fitness owns the Footage and Images. As between Energeia Fitness and I, Energeia Fitness owns all rights, titles and interest including all intellectual property rights in and to any footage and images. Energeia Fitness will have the right to use the Footage and images, in whole or in part, in connection with the Program (including, without limitation, in advertising, publicizing, broadcasting, producing and exploiting the Program), in any and all media now known or hereafter developed, in perpetuity, throughout the universe. I waive any moral rights which I might otherwise be deemed to have in the Footage.
3. I'm not getting paid. I hereby agree that I will not receive any financial compensation or cash payment for the rights or permissions granted by me under this Release.
4. I agree not to sue over the Footage etc. I AGREE NOT TO SUE, AND IRREVOCABLY, UNCONDITIONALLY AND ENTIRELY RELEASE, AND HOLD ENERGEIA FITNESS AND ANY LICENSEES OR ASSIGNEES OF THE PLATFORMS ON WHICH THE PROGRAM IS DISTRIBUTED AND THE SPONSORS AND ADVERTISERS THEREOF ("RELEASEES") HARMLESS FROM ANY AND ALL MANNER OF LIABILITIES, CLAIMS AND DEMANDS OF ANY KIND OR NATURE, WHATSOEVER, IN LAW OR EQUITY, WHETHER KNOWN OR UNKNOWN, WHICH I EVER HAD, NOW HAVE, OR IN THE FUTURE MAY HAVE AGAINST THE RELEASEES RELATING IN ANY WAY TO FOOTAGE, MATERIALS OR PROGRAM, INCLUDING MY APPEARANCE IN THE FOREGOING OR IN ANY OTHER MATERIALS IN WHICH THE FOOTAGE OR MATERIALS ARE USED INCLUDING CLAIMS FOR INVASION OF RIGHT OF PRIVACY, RIGHT OF PUBLICITY, DEFAMATION OR COPYRIGHT INFRINGEMENT. I understand that I may not seek any injunctive or equitable relief from any of the Releasees (such as the termination of this Release or stopping the usage or distribution of the Footage and Materials or the Program).
5. Other small print. I represent and warrant that I have the full right to enter into this Release and that I am authorized to grant all rights set forth herein. I agree that Energeia Fitness may license, assign, or otherwise transfer the rights and permissions granted to them under this Release to any entity or persons including, without limitation, in the event of a merger, corporate reorganization, or the sale or transfer of all or a substantial portion of their assets. This is the complete and binding agreement between Energeia Fitness and me and supersedes any other discussions or understandings I may have had with Energeia Fitness about the Footage and Materials. If any provision of this Release is invalid, the other provisions will remain in effect to the maximum extent permitted by law. This Release is governed by the laws of the state of California without regard to the conflict of laws provision. I agree that if I bring any claim related to this Release, I must bring it in state or federal court in Santa Clara County, California, and I hereby consent to jurisdiction in those courts. This Release cannot be or modified or terminated except by a written agreement signed by both Energeia Fitness; it's agents and officers and me.
By registering for our program, you have access to ALL CLASSES, any day you wish to attend. Simply fill out the form below and we'll get you reigistered for our weekly sessions. Bold = Required fields