RELEASE AND WAIVER OF LIABILITY: Member recognizes that there are hazards and risks connected with physical fitness training. Those risks include, but are not limited to, abnormal blood pressure, fainting, heart disorders, heart attacked, dehydration, heat exhaustion, sprains, muscle strains, blisters, stress fractures, shin splints, tendonitis, cartilage tears, and back pain. Exercising beyond one’s physical limits and/or accidents involving exercise equipment may result in serious injury or even death. Member agrees to defend, indemnify and hold harmless XCEL Fit Club against any loss, damage or expense incurred by reason of any claim or liability based upon personal injury (including death) or property damage arising out of the negligent or intentional action of Member. Member further agrees to release XCEL Fit Club and its, owners, officer, agents, employees and/or affiliates from any and all liability arising out of injury to Member, and further agrees to defend, indemnify and hold XCEL Fit Club, its owners, officers, employees and/or affiliates free and harmless from against the same. Member acknowledges they can be held liable to any equipment damages and agrees to release XCEL Fit Club and its, owners, officer, employees and/or affiliates from any and all liability. Member acknowledges that surveillance cameras are in use for the protection of the Facility, its equipment and members. Member hereby consents to being photographed and/or recorded for such purposes.
RULES AND REGULATIONS: Member acknowledges that XCEL Fit Club operates under rules and regulations established for safety and protection of its members, and agrees to be bound by such rules and regulations, as well by the rules and regulations in effect from time to time incorporated into this Agreement by reference. Facilities, equipment, hours, service, regulations and policies are subject to change from time to time, without prior notice, in the sole discretion of XCEL Fit Club. Member agrees to accept such reasonable change(s) as a condition of membership. Member additionally recognizes: a. Under no circumstances shall Member move exercise equipment or use the equipment in any manner not authorized by XCEL Fit Club b. All equipment shall be wiped down by Member after each use with the supplies provided by XCEL Fit Club. c. This membership is for Member, and Member only, and Member will not give access to another individual. d. Member will not misuse the equipment e. All members must be at least eighteen (18) years of age, unless authorized by XCEL Fit Club f. Members shall conduct themselves in a quiet, well-mannered fashion so as not to cause any disturbance, which may interfere with the use and enjoyment of the Facility by any other member. Profanity or indecent language and/or behavior will not be tolerated. Any conduct deemed by XCEL Fit Club, in its sole discretion, to be offensive, potentially harmful, dangerous or abusive will not be tolerated, and shall be grounds for termination of Member’s membership agreement by XCEL Fit Club. g. XCEL Fit Club shall not be responsible for any lost or stolen items h. Member should not occupy any equipment for an extended period of time. Member should allow others waiting to use such equipment to work into their rotation. i. The climate of the facility is controlled by XCEL Fit Club and is set to provide the optimum exercise environment for the majority of its members. Members shall not change or seek to change any environmental controls and shall never prop open any doors to the facility.