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, LLC designed the Membership Policies to ensure a safer and more enjoyable environment in which to exercise. Energeia Fitness, LLC may, in its sole discretion, modify the policies and rules without notice at any time.
EQUAL OPPORTUNITY POLICY STATEMENT
Energeia Fitness, LLC 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, LLC 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 personal information solely for correspondence with our members and we do not sell or share any of this personal information with third parties. Personal information includes name, address, date of birth, email address, phone number, emergency contact information and billing information. Energeia Fitness, LLC does not have access to any member's credit card information. Credit card processing occurs through a secure gateway provided by our merchant services.
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, LLC within your 5 day cooling off period, you will receive a full refund. Prepaid Limited Term memberships and Limited Term membership commitments: For prepaid limited term memberships and limited term membership commitments, once the 5-day cooling off period expires, you are not entitled to cancel and receive a refund except for specific events such as disability or death.
Month to month, 3 month, and 6-month memberships: Online cancellation of membership is required before the billing cycle of the end of the member's membership commitment terms. Members are solely responsible for membership cancellation. Energeia Fitness, LLC will not be held responsible for failure by member to cancel a month-to-month membership or a limited term commitment. Refunds will not be issued for failure to cancel a month-to-month membership or a limited term commitment. Verbal or email requests for cancellation of membership are not valid and will not be accepted.
Minimum 12-month commitments: A 30-day processing period is required for all minimum 12-month commitment membership cancellations. All cancellation requests must be submitted in writing and received by fax transmission or mail. We recommend sending all cancellation requests by certified mail. Energeia Fitness, LLC does not assume responsibility for unsuccessful or unverifiable fax transmissions or for lost or undeliverable mail. Verbal or email cancellations are not valid and will not be accepted.
If you decide that Energeia Fitness, LLC is not for you, you have the option to request a refund within 5 days of your membership activation or start date. All refund requests must be submitted in writing and received by fax transmission or mail. We recommend sending all refund requests by certified mail. Energeia Fitness, LLC does not assume responsibility for unsuccessful or unverifiable fax transmissions or for lost or undeliverable mail. Verbal or email refund requests are not valid and will not be accepted. Upon receipt of such request, your registration fees will be refunded in full and your membership will be permanently cancelled. Refunds will not be honored after the fifth day of the start or activation of any membership. Refunds will not be issued under any other circumstances for any reason.
MEMBERSHIP FREEZE POLICY
Qualification and Notice Requirements: Energeia Fitness, LLC will not freeze memberships for travel associated with work or pleasure. Energeia Fitness, LLC 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 advance notice for a freeze request to allow Energeia Fitness, LLC to process your request, and you qualify for one of the three categories below:
Medical Disability: You must provide Energeia Fitness, LLC with verification from your physician stating your medical disability will prevent you from participating in Energeia Fitness, LLC programs. The minimum term for a medical freeze is three months and the maximum is six months. Energeia Fitness, LLC cannot process a membership freeze until applicable medical documentation is received and reviewed. Prepaid membership dues are not refundable for medical disability. In the event that membership dues are paid in advance and a medical disability is approved, the length of remaining membership will be reactivated upon receipt of medical clearance from your physician. A 10-day processing period is required for all medical freezes. All freeze requests must be submitted in writing and received by fax transmission or mail. We recommend sending all freeze requests by certified mail. Energeia Fitness, LLC does not assume responsibility for unsuccessful or unverifiable fax transmissions or for lost or undeliverable mail. Verbal or email freeze requests will not be accepted.
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, LLC to reactivate.
Temporary Employment Transfer: You must provide Energeia Fitness, LLC 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, LLC approves a membership freeze no further dues will be collected with respect to such time and your right to participate in Energeia Fitness, LLC 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.
Participation During Freeze Period: Participation of the program during freeze period is immediate cause for reactivation of dues. Upon such terms, a second freeze will not be granted. There are no exceptions to this policy.
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 non-transferrable. This includes pre-paid memberships and limited term commitments. There are no exceptions to this policy.
ELECTRONIC FUNDS TRANSFER (EFT) POLICY
All members will be charged membership dues accordingly by means of electronic funds transfer (EFT) including month to month and for the entire term of commitment. Members are solely responsible for membership cancellation. Energeia Fitness, LLC will not be held responsible for failure to cancel a month-to-month membership or a limited term commitment. Refunds will not be issued for failure to cancel a month-to-month membership or a limited term commitment. Billing dates are 28 days from membership start date. Billing dates cannot be modified or pro-rated. For inquiries regarding this policy, please review our membership cancellation policy, membership freeze policy and our membership transfer policy.
Late Fees: It is the member's sole responsibility to maintain current and updated billing information online. Members are responsible for updating credit card information prior to the member's scheduled billing date. Member agrees to pay all service charges for electronic funds transactions that are returned, frozen, closed, dishonored, interrupted or otherwise unavailable for electronic funds transfer. The service charge/late fee for each declined transaction is currently $25.00 and is subject to change by a public posting on the Energeia Fitness, LLC website.
Energeia Fitness, LLC encourages you to bring friends, relatives and business associates for a free introductory class. We recommend that you notify Energeia Fitness, LLC when you intend to bring a guest to class. All guests must register online for a free trial class.
ONLINE COUPONS OR DEALS
Energeia Fitness, LLC may use online coupons or run special promotions or deals to attract new customers to the program. Online deals and special promotions are intended for new customers only. Any participant in the Energeia Fitness, LLC program, may use only one coupon, special promo, deal or voucher. Online deals, special promotions, deals or vouchers cannot be combined. Current or returning customers are excluded from all online coupons, promotions deals or vouchers unless otherwise specified in the promotion. Online coupons, deals promotions and vouchers are not valid after the expiration date and cannot be redeemed for cash. Once registration is complete using an online coupon, promo code or voucher, start dates cannot be modified and coupons or memberships cannot be extended beyond the intended trial period, regardless of circumstances. New members using online deals, special promotions, or vouchers are not eligible for a free trial class.
PHOTOGRAPHY AND VIDEO
All members grant to Energeia Fitness, LLC the right and permission to film, photograph and record any person participating in the Energeia Fitness, LLC program, including the use of names, voices, images and any and all information collected including assessments, results, and measurements for use and in connection with advertising, publicizing, broadcasting, producing and exploiting the Energeia Fitness, LLC program in any and all media, marketing and advertising now known or hereafter developed.
GENERAL POLICIES FOR MINORS
Minors under 12 may not participate in Energeia Fitness, LLC 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, LLC trainer. A parent or legal guardian must accompany minors, and parent or legal guardian shall not leave the premises or leave their child unattended at any time while minor is participating in any Energeia Fitness, LLC program. The parent will be required to sign a waiver and release of liability form on behalf of the minor. The minor must be registered online as a member before participating in any Energeia Fitness, LLC class.
Energeia Fitness, LLC does not assume responsibility for the loss or damage of any member's personal property or valuables. Please do not leave personal items or valuables unattended.
PROHIBITED ITEMS AND ACTIVITIES
No Alcohol, Drugs, or Smoking: You cannot engage in any Energeia Fitness, LLC 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, LLC. Absolutely no dogs or pets of any kind are allowed on the premises where Energeia Fitness, LLC holds workout classes, workshops or events, including indoor and outdoor. Children are not allowed to accompany a member or guest unless they are supervised by a non-participating adult 18 years or older. Energeia Fitness, LLC will not be liable or responsible for any children or minors brought on the premises by members or guests.
A member's violation of any of the Policies or Rules may cause Energeia Fitness, LLC in its sole discretion, to immediately terminate that person's membership and/or other agreements without notice. Energeia Fitness LLC reserves the right to terminate any member's membership without notice if the member's behavior is determined to be harmful or their conduct is not in the best interest of Energeia Fitness, LLC or it's members.
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.