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WAIVER AND RELEASE OF LIABILITY

IN CONSIDERATION OF the risk of injury that exists while participating in Fitness/Weight Training (hereinafter the "Activity"); and

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and

I HEREBY release and forever discharge CHECOTAH FITCLUB/MUSKOGEE FIT, located at 410 SE Main St, Checotah, Oklahoma 74426, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned activity.

I AM VOLUNTARILY participating in the aforementioned activity and I am participating in the activity entirely at my own risk, I am aware of the risk associated with participating in this activity, which may include, but are not limited to: physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss and death. I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel to and from the activity or from conditions at the activity location(s). Nonetheless, I assume all related risk, both known and unknown to me, of my participation in this activity.

I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize CHECOTAH FITCLUB/MUSKOGEE FIT to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits with the potential for serious injury and/or death, and I agree not to participate in the Activity unless I am medically able and properly trained. I agree to abide by the decision of the CHECOTAH FITCLUB/MUSKOGEE FIT official or agent regarding my approval to participate in the Activity.

I HEREBY ACKNOWLEDGE that I have fully read this "waiver and release" and fully understand that it is a release of liability. I expressly agree to release and discharge CHECOTAH FITCLUB/MUSKOGEE FIT and all of its affiliates, trainers, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, assigns, from any and all claims or cause of action and I agree to voluntarily waive any right that I otherwise have to bring legal action against CHECOTAH FITCLUB/MUSKOGEE FIT for personal injury or property damage.

This waiver also covers any accidents or injuries while participating in tumbling, karate, jiu jitsu, boxing, kick boxing, yoga, personal training, any group classes, extra activities, and so forth.

To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of CHECOTAH FITCLUB/MUSKOGEE FIT, its agents, and employees. I agree that this Release shall be governed for all purposes by Oklahoma law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.

THIS WAIVER AND RELEASE OF LIABILITY shall remain in effect for the duration of my participation in the activity, during this initial and all subsequent events of participation.

THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between parties of equal bargaining strength. Participant(s) and CHECOTAH FITCLUB/MUSKOGEE FIT agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

In the event of an emergency, please contact the following person(s) in the order presented: Emergency Contact and Phone Number

I, THE UNDERSIGNED PARTICIPANT, affirm that I am of the age of 18 years or older and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.

{name} -Participant's Name

{phone}-Phone Number
{sign_date} -Date
{email} -Email
-Signature

This waiver must be completed by parent or guardian  IF the participant is a minor.

I HEREBY CERTIFY that I am the parent or guardian of [Minor's Name] and do hereby give my consent without reservation to the foregoing on behalf of this individual.
{relationship}Relationship to Minor
{contact_name} -Parent / Guardian Name
{contact_phone} -Contact Number
Emergency Contact needs to be a parent/guardian
-Signature

Membership Agreement

CHECOTAH FITCLUB/MUSKOGEE FIT

The undersigned ("Member"), desires to become a member of CHECOTAH FITCLUB/MUSKOGEE FIT ("CHECOTAH FITCLUB/MUSKOGEE FIT Fitness Studio"), and agrees to the following terms and conditions:

1. TERM
   
   All memberships of CHECOTAH FITCLUB/MUSKOGEE FIT are either monthly (28 days), quarterly, bi-annual, or annual (when paid in full), and payments are due in advance. Automatic drafts will not be canceled without a twenty-eight (28) days written notice, either by certified mail, hand-delivery to the management of CHECOTAH FITCLUB/MUSKOGEE FIT . No refunds will apply.
   
   

2. DEFAULT/REMEDIES
   
   Any monthly payment received more than ten (10) days after the due date shall be subject to a late charge of $10.
   
   

3. MEMBERSHIP ACCESS
   
   Member will be issued an access by app or key fob, which will entitle Member to enter the premises and enjoy the use and benefit of the facilities of CHECOTAH FITCLUB/MUSKOGEE FIT (collectively, the "Facility"). Member agrees not to allow any other person(s) access to the Facility using Member's access app or key, and Member will not allow anyone to enter the Facility along with Member. Should Member violate any conditions of Membership Access, the membership may be revoked with no refund, and criminal prosecution may be applicable.
   
   

4. RULES AND REGULATIONS
   
   Member acknowledges that CHECOTAH FITCLUB/MUSKOGEE FIT operates under rules and regulations established for the safety and protection of its members and agrees to be bound by such rules and regulations, as well as the rules and regulations subsequently approved and posted or otherwise published by CHECOTAH FITCLUB/MUSKOGEE FIT Such rules and regulations in effect from time to time are 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 CHECOTAH FITCLUB/MUSKOGEE FIT . 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 CHECOTAH FITCLUB/MUSKOGEE FIT.
   
   b. All equipment shall be wiped down by Member after use, with the supplies provided by CHECOTAH FITCLUB/MUSKOGEE FIT.
   
   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 sixteen (16) years of age, unless otherwise authorized by CHECOTAH FITCLUB/MUSKOGEE FIT.
   
   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 CHECOTAH FITCLUB/MUSKOGEE FIT, 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 by CHECOTAH FITCLUB/MUSKOGEE FIT .
   
   g. CHECOTAH FITCLUB/MUSKOGEE FIT 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 CHECOTAH FITCLUB/MUSKOGEE FIT 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 or windows to the Facility.
   
   

5. PROHIBITED ACTIVITIES
   
   Alcohol, drugs (including steroids), and smoking are prohibited within the Facility. Member agrees not to use the Facility or engage in any activity at CHECOTAH FITCLUB/MUSKOGEE FIT while under the influence of drugs, alcohol, or medication that may impair Member's ability to operate the equipment. No weapons of any kind are allowed. CHECOTAH FITCLUB/MUSKOGEE FIT reserves the right, in its sole discretion, to limit the consumption of food or beverages, or to the use of outside equipment within the Facility. Gambling or gaming is prohibited within the Facility or on the premises.
   
   

6. DRESS POLICY
   
   CHECOTAH FITCLUB/MUSKOGEE FIT Fitness Studio requires that members wear appropriate clothing and footwear while in the Facility. Appropriate clothing includes gym shorts, T-shirts, jogging suits, aerobic wear, and sweat outfits. Street clothing and jeans are not considered appropriate clothing. Muddy street shoes are prohibited within the Facility.
   
   

7. 28 Day Cancellation Policy
    
   At our gyms, we value our members and strive to provide the best possible service. To maintain the high standards of our facilities and operations, we require a 30-day notice for membership cancellations. This policy allows us to manage resources, staffing, and class schedules effectively, ensuring that all members continue to receive top-quality service.
   
   
   By providing a 28-day notice, it gives us time to process your request and settle any outstanding dues. It also ensures that our records are updated accurately, so you don't experience any issues later. We want your transition out of the membership to be as smooth as possible, and this notice period helps us achieve that.
   
   
   During this time, memberships are subject to a final payment to cover your access and any services in those last 28 days.
   
   
   

8. COUNTERPARTS
   
   This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.
   
   

9. BINDING EFFECT
   
   This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors and assigns.
   
   

10. ENTIRE AGREEMENT
    
    This Agreement, including the schedules, lists, and other documents referred to in this Agreement which form a part of this Agreement, embody the entire agreement and understanding of the parties with respect to the subject matter contained in this Agreement. There are no restrictions, promises, warranties, covenants, or undertakings other than those set forth or referred to in this Agreement. This Agreement supersedes all prior agreements and understandings between the parties with respect to each subject matter.
    
    

11. GOVERNING LAW
    
    This Agreement, and all documents mentioned herein by reference, shall be governed by the laws of the State of Oklahoma.
    
    

12. SUSPENSION AND TERMINATION
    
    I understand that CHECOTAH FITCLUB/MUSKOGEE FIT may suspend or terminate my membership at any time, in its sole and absolute discretion, for non-payment of Membership Fees or for violation of any of CHECOTAH FITCLUB/MUSKOGEE FIT 's policies and procedures, and that in so doing,